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| © WAX 2010 - all rights reserved |
| LICENSES |
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| License agreement for pictures with Rights Managed (RM) of Inside-Photo | ||||||||||
The use of pictures with Rights Managed (RM) marketed by Inside-Photo is subject to the full and complete acceptance of these conditions and to the payment of the whole invoice detailing the use of the pictures and the ancillary expenses. This license agreement is subject to the General licensing conditions for the exploitation of photographs provided by Inside-Photo , which they form part of. Any use of the pictures with Rights Managed (RM) marketed by Inside-Photo to use as models is subject to this license agreement and the aforementioned general conditions. In case of disagreement with the terms of this agreement, please return immediately the medium or media with the pictures put at your disposal in their original package, cease immediately to use the picture in question without any compensation or action and delete any copies or archives that you have or that you have put at the disposal of third parties or click to the return button on the web page to refuse these conditions. LICENSED RIGHTS. EXCLUSIONS Except as otherwise provided for in the invoice, Inside-Photo grants to the beneficiary a non-exclusive, non-assignable, non-transferable right to use and reproduce the pictures as indicated on the invoice. Save as duly specified on the invoice, the geographical area for which the rights granted apply is France excluding any other territories. Inside-Photo also grants to the beneficiary of this license the right for its sub-contractors to use the pictures under its responsibility and within the limits of the rights granted in the invoice and this agreement. The beneficiary of this license will not be able to benefit from any extension of the rights to use the pictures referred to in this agreement and the invoice except with the prior consent of Inside-Photo and only after the payment of additional rights to use calculated by Inside-Photo. (i) The use of pictures for any use other than that expressly provided for in the invoice or this agreement or (ii) the default in the payment of the rights provided for in the invoice may constitute an infringement of the proprietary rights of the author and/or the third parties represented and/or Inside-Photo and may trigger the liability of the beneficiary of the license and third party intermediaries of the beneficiary of the license for infringement of rights and, as the case may be, distrainable debit of pieces of work or infringement of proprietary rights of the author and/or third parties represented and/or Inside-Photo. No transfer of title to the pictures is granted upon entering into of this license and the authors and successors in title remain the holders of proprietary rights and original media of the pictures. WARRANTY AND LIMITATION OF LIABILITY Provided that the pictures are used in accordance with this agreement and the provisions of the invoice, Inside-Photo grants to the beneficiary of the license the following warranties: The numerical or physical medium of the picture is exempt from any material defects. In case of a defect, Inside-Photo will replace the medium delivered at no cost. Inside-Photo holds the right to grant licenses to use the pictures and the rights granted by Inside-Photo do not infringe any of the author’s rights and/or third parties or goods represented as indicated in this agreement and subject to the specific content of the invoice. Except for any express reference on the pages of presentation of the pictures on Inside-Photo’s website and/or the invoice, the authorisations from third parties or goods represented have been obtained by Inside-Photo. No other express or implied warranty, of any kind, direct or indirect, is given upon entering into of this license, including without limitation, any warranty related to the results or the performance of the picture. Provided that the beneficiary of the license uses the pictures under the terms of this agreement and as specified in the invoice, Inside-Photo will defend, indemnify and protect the beneficiary against any damage arising out of the disputes in relation to the author’s right excluding any other dispute. The beneficiary of the license will tackle itself, without any possible action against Inside-Photo, any other dispute and undertakes to indemnify and protect Inside-Photo and its staff against any damages and ancillary expenses arising out of such dispute. The beneficiary of the license undertakes to indemnify and protect Inside-Photo against all damages and ancillary expenses arising out of a prohibited use of a picture or the non-compliance with this agreement. In case of a dispute about the use of the pictures, IPA will be able to appoint a third party to inspect, during normal business hours in the premises of the beneficiary, and obtain a copy upon mere request of all documents relating to the use of the pictures in accordance with this agreement and the invoice. ELECTRONIC STORAGE OF THE PICTURES The beneficiary may download the pictures, which are the subject of this agreement, only on one (1) hard drive or another computerised medium and will not be able to manufacture, use or distribute copies for other purposes than those defined by this agreement and on the invoice. The beneficiary is however entitled to make one (1) safeguard copy of the pictures and to provide, under its full responsibility, a copy thereof to the third parties involved in the use in accordance with this agreement and the invoice. It may not put these pictures at the disposal of other users in a network configuration or through the sharing of a file. After expiry or termination of the license, the beneficiary of the license will have to destroy immediately the computerised media in its possession or in the possession of third parties under its liability. © Inside-Photo |
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| “Lump sum royalties” license agreement for pictures provided by Inside-Photo | ||||||||||
| The use of pictures bearing the “LD” or “RF” reference marketed by Inside-Photo – whether they are contained in a CD-Rom or loaded from an Inside-Photo website – is subject to the full and complete acceptance of these conditions and to the payment of the whole invoice detailing the pictures and the CD-Roms that you order. This license agreement is subject to the General licensing conditions for the exploitation of photographs provided by Inside-Photo, which they form part of. Any use of the pictures bearing the “LD” or “RF” reference marketed by Inside-Photo is subject to this license agreement and the aforementioned general conditions. In case of disagreement with the terms of this agreement, please return immediately the medium or media with the pictures put at your disposal in their original package, cease immediately to use the picture in question without any compensation or action and delete any copies or archives that you have or that you have put at the disposal of third parties or click to the return button on the web page to refuse these conditions. LICENSED RIGHTS. EXCLUSIONS By accepting this agreement and through the full payment of the invoice relating to your order, you obtain the non-exclusive, non-transferable right, without limitation in time and for the whole world, to use the pictures, the object of this agreement, as follows: |
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Right to reproduce,
represent, print, adapt, publish on any medium at your option for purposes
of information, illustration or promotion, Copyright for archives or safeguard limited to one copy, Right to put on a network in your numerical library or your system of sharing of files exclusively for up to 10 work stations, To the exclusion of the following rights: Retrocession, transfer, assignment of your rights to any third party, in any country or for any period of time, Sub-licensing, Trade, distribution, marketing of pictures or CD-Roms containing them in any country whatsoever, Integration of all or part of the picture to a brand name, service name or logo, Putting into a network outside your network (sharing of files, intranet, extranet, internet) in a manner independent from a product or a Web page, Putting into a network in a product or a Web page to a definition higher than 72 DPI, Extracting or downloading of pictures in a manner independent from a product or a Web page whatever the definition of the picture is. |
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The use of numerical media of the pictures by your sub-contractors
is authorised under your full responsibility provided that they comply
with the terms of this license agreement. |
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| License agreement in respect of photographs provided by Inside-Photo to use in models | ||||||||||
The use of pictures marketed by Inside-Photo – whether they are contained in a CD-Rom or loaded from an Inside-Photo website or provided in the form of a print or a slide or any other analogic medium – to use in models is subject to the full and complete acceptance of this license agreement This license agreement is subject to the General licensing conditions for the exploitation of photographs provided by Inside-Photo, which they form part of. Any use of the pictures marketed by Inside-Photo to use in models is subject to this license agreement and the aforementioned general conditions. In case of disagreement with the terms of this agreement, please return immediately the medium or media with the pictures put at your disposal in their original package, cease immediately to use the picture in question without any compensation or action and delete any copies or archives that you have or that you have put at the disposal of third parties or click to the return button on the web page to refuse these conditions. LICENSE. Inside-Photo. LIMITATION By accepting this agreement, you obtain the non-exclusive, non-transferable rights to use, limited in time to thirty (30) days from the date of delivery and limited geographically exclusively to the country where you are domiciled, the pictures, the subject of this agreement, as follows: |
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Right to reproduce,
represent, print, adapt, publish on any medium at your option in models
only, copyright for archives or safeguard limited to one copy and in models only, |
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| To the exclusion of any
other rights that Inside-Photo continues to hold. In case of doubt about your
rights, please contact Inside-Photo by phone : +33 (0)1 45 05 50 50 or by e-mail :
info@inside-photo.com The use of numerical media of the pictures by your sub-contractors is authorised under your full responsibility provided that they comply with the terms of this license agreement. No transfer of title to the pictures is granted upon entering into this license agreement and the authors or their successors in title remain holders of the proprietary rights and the original media of the pictures. WARRANTIES No other express or implied warranty of any nature, direct or indirect, is given under this license agreement, including without limitation, any warranty in respect of results or performance of the picture. LIABILITIES Vous êtes seul responsable envers vous-même ou à l'égard des tiers, de tout dommage de quelque nature qu’il soit, direct ou indirect, né de ce contrat ou de son application, et notamment de l'usage des images et/ou des CDRoms objet de cette licence. Vous acceptez d'indemniser et de dégager la responsabilité d'Inside-Photo en cas de litige découlant d'une violation du présent contrat. RESILIATION The license will be automatically terminated without any notice by Inside-Photo should you fail to comply with any provision of this agreement. You must then immediately cease to use any pictures in question and delete any copies or archives you have or put at the disposal of third parties. © Inside-Photo |
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