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Stock Image Licensing agreement


The copyright and any other intellectual property rights in the images and image collections are and remain the property of Think Tank Inc Ltd (the "licensor”). you are licensed to use them only on full and unreserved acceptance of all the terms and conditions set out below.
Standard Royalty Free License Agreement and limited warranty
1 Ownership of Images
The Images are copyrighted works. The Licensor retains ownership of all copyright and any other intellectual property rights which may subsist in the Images and all subsequent copies of the Images, regardless of the form in which the copies may exist. This license is not a sale of the original Images or any copies. "Images” means any still or moving image(s) in any medium which may be offered for sale by the Licensor for the purposes of reproduction.
2 License
Provided that you have paid the applicable license fee, the Licensor grants to you a non-exclusive non-assignable license to alter, crop, manipulate and create derivative works from the Images and to reproduce the Images in any and all media for all purposes save as prohibited in clauses 3&4.
3&4 License restrictions
You are not permitted to:-
3.1 use, copy, modify or transfer the Images or any copy, in whole or in part except as expressly provided for in this license. If you transfer possession of any copy of the Images to another party except as provided above, your license is automatically terminated;
3.2 sub-license, sell, assign, convey or transfer this license or any of its rights under this license; create derivative works for resale if they too closely resemble the original work (contact the licensor for clarification if unsure).  You are not permitted to offer digital downloads and/or resale of images as a whole, or in part, including derivative works whether they closely resemble the original work or not;
3.3 incorporate the Images into a logo, trademark or service mark;
3.4 use the Images in any pornographic, defamatory, obscene, immoral, libellous or other unlawful manner;
3.5 use the Images in a way which would be likely to bring any property reflected in the Images into disrepute;
3.6 represent, expressly or impliedly that you are the original creator of the Images;
3.7 distort or otherwise treat the Images in a derogatory manner;
3.8 delete the Licensor’s copyright symbol or identification numbers or other such information as may be embedded (invisibly) in the electronic file containing the Images;  It is your obligation to ensure that you are not committing any unlawful act as a result of your use of the Images in any country or legal jurisdiction where you intend to display or otherwise use the Images;
3.9 use the images on products/items for resale (an extended 'Product/Items for resale' license purchase is required for this);
4.0 use the images on more than one machine (an extended 'Multi-seat' license is required for this);
4.1 allow or or otherwise enable the images to be used by others (an extended 'Multi-seat' license is required for this);
4.2 use the images in a print run of more than 10'000 printed units (an extended 'Unlimited print run' license is required for this);
4.3 use 'Editorial use only' images for general/non-editorial commercial or personal use;
4.4 no transfer; the Images are licensed only to you. You may not rent, lease, sub-license, sell, assign, pledge, transfer or otherwise dispose of the Images, on a temporary or permanent basis, without the prior written consent of the Licensor.
5 Undertakings and Indemnity
5.1 You undertake to ensure that, prior to use of the Images by your employees or agents, all such parties are notified of the terms of this license.
5.2 You agree to indemnify the Licensor against any claims, losses, damages or costs which the Licensor may incur as a result of your breach of this license.
6 Limited warranty
6.1 The Licensor warrants that it owns the copyright in the Images and is able to enter into this license.
6.2 The Images are provided "as is” without representation warranty or condition of any kind and the Licensor does not warrant or represent that the content will meet your requirements.
6.3 Should any Images have defects in material or workmanship then providing that these are notified to the Licensor within thirty days from the date of delivery of the Images then the Licensor will place the Images with another digital copy of the Images free from defect or refund the License fee paid to the extent attributable to the defective Images
6.4 The Licensor will also indemnify you for personal injury or death solely and directly caused by any defect in its products or the negligence of its employees.
6.5 The Licensor shall not be liable under the said warranty above if the Images fail to operate in accordance with the said warranty as a result of any modification, variation or addition to the Images not performed by the Licensor.
7 No other warranties
The foregoing warranty is made in lieu of any other warranties, representations or guarantees of any kind, express or implied, including, but not limited to, any implied warranties of quality, merchantability, fitness for a particular purpose or ability to achieve a particular result. You assume the entire risk as to the quality and performance of the Images. The Licensor does not make any warranty in respect of any names, trade marks, logos, copyright works or any other work which may have be protected by intellectual property rights which may be displayed or contained within the Images and you must satisfy yourself that your use of the Images does not contravene the intellectual property rights of any third party.
8 Exclusion of liability
Except in respect of personal injury or death caused directly by the negligence of the Licensor, in no event will the Licensor be liable to you for any damages, including any lost profits, lost savings, loss of data or any indirect, special, incidental or consequential damages arising out of the use of or inability to use such Images, even if the Licensor has been advised of the possibility of such damages. Nothing in this license limits liability for fraudulent misrepresentation.
9 Your statutory rights
This license gives you specific legal rights and you may also have other rights that vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the above limitations and exclusions may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the above limitations and exclusions shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. If any part of the above limitations or exclusions is held to be void or unenforceable, such part shall be deemed to be deleted from this license and the remainder of the limitation or exclusion shall continue in full force and effect. Any rights that you may have as a consumer (ie a purchaser for private as opposed to business, academic or government use) are not affected.
10 Term
The license is effective until terminated. You may terminate it at any time by destroying the Images together with all copies in any form. It will also terminate upon conditions set out elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy the Images together with all copies in any form.
11 Export
You will comply with all applicable laws, rules, and regulations governing export of goods and information, including the laws of the countries in which the Images were created. In particular, you will not export or re-export, directly or indirectly, separately or as a part of a system, the Images or other information relating thereto to any country for which an export license or other approval is required, without first obtaining such license or other approval.
12 General
12.1 Each party irrevocably agrees that the courts of the England and Wales, shall have non-exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or in relation to this Agreement and the place of performance of this Agreement shall be that country and that the laws of England and Wales shall govern such controversy or claim.
12.2 This Agreement constitutes the complete and exclusive statement of the Agreement between the Licensor and you with respect to the subject matter of this Agreement and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other communications between us relating to that subject matter.
12.3 Any clause in this Agreement that is found to be invalid or unenforceable shall be deemed deleted and the remainder of this Agreement shall not be affected by that deletion.
12.4 Failure or neglect by either party to exercise any of its rights or remedies under this Agreement will not be construed as a waiver of that party's rights nor in any way affect the validity of the whole or part of this Agreement nor prejudice that party's right to take subsequent action.
12.5 This Agreement is personal to you and you may not assign, transfer, sub-contract or otherwise part with this Agreement or any right or obligation under it without the Licensor's prior written consent.
Editorial Use Only License Agreement and limited warranty - additions
13 Use of Editorial-only stock imagery.
All 'Editorial Use Only' stock images adhere to and are governed by the same rules and requirements as the Royalty-free stock image license, save for the following differences;
13.1 'Editorial Use Only' stock images are not available to use for non-editorial commercial or personal use.
13.2 'Editorial Use Only' stock images are available for purchase, per single application only, under the standard 'editorial-only' stock image pricing.  For each additional single use of the image an additional standard license purchase is required.  For longer print runs of more than 10,000
units the 'Unlimited Print Run' extended license is required.
Extended License purchase options
14 Use of Extended licenses for 'Multi-Seat' or 'Products/Items For Resale'.
14.1 All images purchased under the 'multi-seat', 'unlimited print run' or 'products/items for resale' extended license purchase options adhere to and are governed by the same rules and regulations as the royalty-free stock image license with additional benefits.  These extended options however also have extended/special use inclusions to allow the images to either be used on 'multi-seat' (multiple machines by more than one person), 'unlimited print run' (more than 10,000 units) or 'products/items for resale' (products intended for resale - this option is also unlimited use).
Extended Licenses are available from the retrostockexpress.com site.  To search an image on both sites use the ref number in any file name and enter this into the site search bar.

- See more at: http://www.kitschstock.com

Copyright ©2008-2016 TJ Lucas/Think Tank inc Ltd.  All rights reserved.

Retrostockexpress ® and Kitschstock.com TM are trading names of Think Tank inc Ltd, Dronfield, Derbyshire, S181PG, UK.  Think Tank inc Ltd is a company registered in England and Wales with company number 5301307.  VAT number 115229441