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Premium Licence
Licensing for PREMIUM Library Photographs from the KAZAM Photo Library
THE TERMS AND CONDITIONS FORM A BINDING LEGAL AGREEMENT BETWEEN THE AUTHORISED LICENSEE ("YOU") AND KAZAM PHOTO LIBRARY. READ THIS AGREEMENT CAREFULLY.
The terms:
(a) PHOTOGRAPH includes a photograph, transparency, digital file or any other item which may be offered for the purposes of reproduction; and
(b) REPRODUCTION includes any form of publication or copying of the whole or part of any photograph, altered or not, whether by printing, photography, slide projection (whether or not to an audience), xerography, artist's reference, artist's illustration, layout or presentation, electronic or mechanical reproduction, transmission or storage by any other means.
1. Licensing structure and permitted usage
Subject to the terms of the Agreement the KAZAM Photo Library grants to you a
personal, non-exclusive, non-transferable, right to use a Photograph or
Photographs for one time only for the selected use and subject to payment of the
calculated fee.
The right to use the Photograph(s) will only be granted for the use specified and for no other purpose. Any rights not granted are specifically reserved for the KAZAM Photo Library's use and future disposition without any limitations whatsoever. You do not acquire any right, title or interest in or to the Photograph(s) except as specified. Derivative work rights, as detailed in paragraph 12, are not granted unless specified. The rights granted are subject to due payment in full of the fee specified in accordance with the terms of the Agreement and no rights are otherwise granted by your possession of the Photograph(s) or this Agreement. You agree to pay the fee specified, and any other fees or charges payable to the KAZAM Photo Library, in advance of your use of the Photograph(s). Unless otherwise specified all fees are exclusive of VAT which you must also pay to the KAZAM Photo Library.
Additional rights may be available subject to payment of an additional fee. If you are unsure of your rights under the Agreement, or if you wish to use the Photograph(s) in a manner not specified, please contact us at info@kasstzam.com.
Use of the Photograph(s) other than in accordance with the terms of the Agreement constitutes copyright infringement and breach of contract and may result in appropriate legal action.
2. Copyright & Credit Line
The Photograph(s) is/are protected by copyright. All rights to the Photograph(s)
are owned by the photographers and licensed to the KAZAM Photo Library.
Where customary, or required by law, a copyright and
credit line must be included with the reproduction of the Photograph(s) in the
following format : [photographer name]/www.kasstzam.com. Since it is
difficult to quantify the loss or damage incurred due to an incorrect or missing
credit, you agree that a reasonable amount of liquidated damages payable by you
to the KAZAM Photo Library if the credit is missing or incorrect is 50% of
the fee specified.
3. Unauthorised use
The KAZAM Photo Library will calculate the fee by relying in good faith on
the information provided by you for the use specified. Since it is difficult to
quantify the loss or damage incurred if you use the Photograph(s) other than in
accordance with the Agreement, including but not limited to the number of uses,
the publication utilised, or the size of reproduction, the KAZAM Photo
Library shall have the option to forego its right to sue for copyright
infringement and breach of contract if you pay, as liquidated damages, a sum
equal to three (3) times the normal fee which the KAZAM Photo Library would
have charged for such use, within fourteen (14) days of the KAZAM Photo
Library invoicing you for such fee. If you fail to make such payment the
KAZAM Photo Library shall have the right to sue for copyright infringement
and breach of contract.
4. Statement of use
If the Photograph(s) is used in a print publication you agree to send, at
your cost, to the KAZAM Photo Library two (2) free tear sheets containing a
reproduction of the Photograph(s) within (thirty) 30 days of publication. In
other media alternative evidence of use must be provided if requested. Failure
to supply tear sheets or such alternative evidence shall be considered to be a
material breach of the Agreement.
5. Term of licence
The term of the Agreement is for a period of twelve (12) months from the
date of initiation unless otherwise specified. The Agreement will terminate
automatically without notice from the KAZAM Photo Library once the permitted
use has been completed or if you fail to pay the applicable fees or fail to
comply with any other provision of the Agreement or if you are declared
bankrupt, insolvent or if a resolution, petition or order or winding-up is made
against you or any representation made by you proves to be false. Upon
termination, you must immediately (i) stop using the Photograph(s) and (ii)
delete the Photograph(s) and all copies of it from all electronic and/or
magnetic media and destroy all other copies of the Photograph(s) within your
possession or control, or upon request of the KAZAM Photo Library, return all
such copies to the KAZAM Photo Library.
6. Non-transferable
"Non-transferable," as used in paragraph 1, means that the work you produce
using the Photograph(s) must be for your own use, or for the use of your direct
employer, client, or customer, who must be the end-user of your work. You may
not sell, rent, loan, give, sublicense, or otherwise transfer to anyone the
Photograph(s) or the right to use the Photograph(s) (except insofar as it has
been incorporated by you into the permitted use specified by you, and nothing
you produce shall grant or purport to grant to any third party a right to use or
reproduce the Photograph(s). You agree to take all commercially reasonable steps
to prevent third parties from reproducing or distributing the Photograph(s),
including affixing the credit line as detailed in paragraph 2 and implementing
appropriate security protection and compliance procedures.
7. Storing the Photograph(s)
The Photograph(s) may not be reproduced or stored by computer or transmitted by
a computer network other than is immediately necessary for the permitted use
specified. Where the Photograph(s) is/are provided on CD by the KAZAM Photo
Library you may not:
a. copy or reproduce the CD, the Photograph(s) it contains, or the materials
that accompany it, except as specified in the Agreement;
b. remove any copyright or trade mark material or notice from any place where it
appears on the CD, or its accompanying materials; or
c. reverse engineer, decompile, or dissassemble any part of the CD, its software
or any part of it, subject to applicable law.
8. Indemnification
You agree that you will not use or permit the use of the Photograph(s) to
infringe any copyright, trade mark rights or any other intellectual property
rights, moral rights or similar rights, to defame any person or violate any
person's right of privacy or publicity, for any obscene, indecent or blasphemous
purpose, or in any other way which is illegal or unlawful. You agree not to use
or permit the use of the Photograph(s) as a trade or service mark, or claim any
proprietary rights of any sort in the Photograph(s) or any part. You agree to
indemnify and hold the KAZAM Photo Library harmless against any claim, loss,
damage or liability of any kind (including reasonable legal fees and expenses)
arising from any use of the Photograph(s) other than in accordance with the
terms of the Agreement.
9. Warranties
The KAZAM Photo Library provides its on-line image system, the Photograph(s), the accompanying data (including captions) and any media on which
the Photograph(s) (the "Materials") are supplied "as is" and on an "is
available" basis without any representation or endorsement and without warranty
of any kind whether express or implied, including, but not limited to,
warranties of satisfactory quality, fitness for a particular purpose,
non-infringement, compatibility, security and accuracy. The KAZAM Photo
Library does not warrant that use of the Materials will be uninterrupted, error
free or free of viruses or bugs or that defects will be corrected, or give any
warranty otherwise as to their functionality, accuracy, or reliability.
10.Limitations of liability
In no event will the KAZAM Photo Library be liable for any damages including,
without limitation, indirect or consequential damages, or any damages whatsoever
arising from use or loss of use, data, or profits, whether in action of
contract, negligence or other tortious action, arising out of or in connection
with the Agreement including without limitation (a) the use of or inability to
use the Photograph(s) or (b) the inability to obtain additional rights to the
Photograph(s) (including making additional copies), even if the KAZAM Photo
Library has been advised of the possibility of such damages. In any event, the
limit of liability of the KAZAM Photo Library, the copyright owner of the Photograph(s) and their representative shall be the fee paid for the
Photograph(s) to the KAZAM Photo Library.
11. Interpretation and Governing Law
The Agreement contains the entire agreement and understanding between the
parties relating to the Photograph(s). If any provision of the Agreement should
be determined to be illegal, invalid or otherwise unenforceable by reason of the
laws of any state or country in which the Agreement is intended to be effective,
then to the extent and within the jurisdiction which that provision is illegal,
invalid or unenforceable, it shall be severed and deleted from this Agreement
and the remaining terms and conditions shall survive, remain in full force and
effect and continue to be binding and enforceable. The Agreement shall be
governed by and construed in accordance with the laws of England and Wales.
Disputes arising under the Agreement shall be exclusively subject to the
jurisdiction of the courts of England and Wales.
12. Derivative work
If you intend to create or have created any derivative work, you must
contact the KAZAM Photo Library to purchase reproduction rights. A derivative
work is anything sourced from or referenced from the Photograph(s). If you
manipulate, clone, copy, trace, or include the Photograph(s) or any part in a
montage or use the Photograph(s) as the basis for an artist's reference, or
change the Photograph(s) in any other way you create a derivative work. Such
derivative work may be used only as permitted in accordance with the Agreement,
and you hereby assign any and all copyright in respect of such derivative work
to the KAZAM Photo Library. If requested by the KAZAM Photo Library, you
agree to execute such further documents or perform such acts as the KAZAM
Photo Library may request to give affect to such assignment and you agree that
the KAZAM Photo Library may execute such documents or perform such acts as
your agent if you fail to do so within fourteen (14) days of a request to do so.
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