Colorado Image ROYALTY-FREE License Agreement
YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF OUR IMAGES. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
a) Copyright and Use:
This License Agreement governs your use of Colorado Image Corp Royalty-Free Image(s) (“the Image(s)”), provided by Colorado Image (“Colorado Image”). Colorado Image, it’s heirs and successors, licenses, to the original purchaser only, the use of the Image(s) only as provided below on a non-exclusive and non-transferable basis. All other rights to the Image(s), including without limitation, copyright and all other rights, are retained by either the Photographer or Colorado Image. Non-compliance with this license shall give Colorado Image Corp and the photographer the right to sue for copyright infringement and breach of contract (damages of $50,000 is the typical amount sought).
b) Permitted Uses.
You are allowed to:
(i) Back-up, or archive the Image(s) as necessary for internal use only. Any copy or archive you make must include the Image’s copyright information so others know it is copyright protected.
(ii) Use the Image(s) in electronic or print media, including editorial and advertising use, and consumer merchandise.
(iii) Use the Image(s) for any items for resale, such as book covers and consumer merchandise packaging, provided these products are not intended to allow the re-distribution of the Image(s) themselves, such as a cd of the images, or to sell as image collections such as screen saver programs or photographic books.
(iv) Convey to a third party (such as a printer) in the normal course of workflow, temporary copies of the Image(s) that are integral to your work and without temporary transfer the product could not be completed.
(v) Modify or alter the Image(s) as necessary for your use, as allowed for elsewhere in these terms and conditions, provided that the rights to any derivative work shall also belong to Colorado Image, which work is also bound by these terms and conditions. All copyrights with respect to such derivative work are assigned to Colorado Image, which assignment the parties hereby agree is valid with respect to U.S. Copyright Law. If requested by Colorado Image, you agree to execute a written assignment of any such copyrights with respect to such derivative work.
c) Prohibited Uses:
You are not allowed to:
(i) Transfer the rights to the Image(s), except as specifically provided for elsewhere in this Agreement. All other rights are reserved by the Photographer and/or Colorado Image.
(ii) Reverse engineer, decompile, or disassemble any part of the Image(s), subject to applicable law.
(iii) Copy or reproduce the Image(s), except as specifically provided for in paragraph 1(b).
(iv) Remove any copyright or trademark from any place where it appears on the Image(s) or its accompanying materials.
(v) Display the Image(s) in any digital format or for any digital use at a resolution greater than 1200×800 pixels, except in editorial or preliminary design work. Doing so will be viewed as an attempt to distribute the Image(s) in violation of this Agreement.
(vi) Use the Image(s) or any part of it as part of a trademark, branding, logo or similar use. The Photographer and/or Colorado Image retain the full rights to the Image(s); you have no permanent rights in conjunction with the image(s).
(vii) Re-sell, distribute or sub-license the Image(s), or the rights to use the Image(s) to anyone for any purpose, except as specifically provided for elsewhere in this agreement. This includes temporary and permanent distribution by you, the purchaser.
(viii) Use the Image(s) in any way that could be considered defamatory, libelous, pornographic, or fraudulent.
d) Restrictions on number of Users:
THIS IS A ONE PERSON AGREEMENT. You, the original purchaser and any directly employed person(s) are permitted to use the Image(s) on your projects. THIS IS NOT A SIMULTANEOUS USE LICENSE. You may not allow more than one designated person, whether employees or contractors, access to or use of the Image(s) at the same time. You may not use the Image(s) on a server or create any other image library that permits access to multiple people.
Additional Seat Licenses are available for more than one permitted user at a discounted price. To obtain additional seat licenses please contact Colorado Image.
e) Additional Rights:
If you would like to discuss the acquisition of further rights than are provided for under this Agreement, please contact Colorado Image concerning a separate license or purchase of rights.
2. PAYMENT TERMS
No rights are granted until payment is made in full. And claims for adjustment of terms must be made to Colorado Image within seven (7) days of the receipt of the product. Prices can be found on Colorado Image’s website or by contacting Colorado Image. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of license granted to you, or of your use of the Image(s), pursuant to this Agreement.
3. TERMS AND PHOTO CREDIT
This License is effective until it is terminated. The license terminates if at any time you fail to comply with the terms of this Agreement. If this happens, you hereby agree to destroy all copies and archives of the Image(s), to cease using the Image(s) for any purpose, and to confirm to Colorado Image in writing that you have complied with these requirements.
Colorado Image requests your kind inclusion of the phrase ©Jon Camrud/ColoradoImage.com, appear adjacent to the Image or on a credit page, however, this is not required.
4. LIMITED WARRANTY
Colorado Image represents that it has the right to enter into this Agreement and has the right to grant this license under these terms.
Colorado Image warrants that the Image(s) will be free from defects when you download or receive it.
EXCEPT AS PROVIDED ABOVE, THE IMAGE(S), CD-ROM AND ACCOMPANYING MATERIALS (IF APPLICABLE) ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COLORADO IMAGE DOES NOT WARRANT THAT THE IMAGE(S) WILL MEET YOUR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE IMAGE(S) IS WITH YOU. SHOULD THE IMAGE(S) PROVE DEFECTIVE, YOUR ENTIRE COMPENSATION IS A REFUND OF YOUR PURCHASE PRICE.
5. LIMITATION OF REMEDIES
a) Replacement or Refund:
Colorado Image’s entire liability and your exclusive remedy, with respect to any claims arising out of your use of the Image(s), or out of your actions in downloading the Image(s), shall be as follows:
Downloaded Images: You may be permitted to download the Image(s) again, at a location Colorado Image will provide for you. If you continue to be unable to download the Image(s), Colorado Image will send you a
b) No Monetary Damages:Under no circumstances whatsoever will Colorado Image be liable to you for any damages, including any lost profits, lost savings, or other incidental or consequential damages arising out of the use or inability to use the Image(s) even if Colorado Image has been advised of the possibility of such damages, or for any claim by any other party.
You agree to indemnify and hold Colorado Image harmless against all claims or liability asserted against Colorado Image arising out of or in connection with any breach of any of the terms of this Agreement.
a) Uniform Commercial Code:
You agree that this Agreement is subject to Article 2 of the Uniform Commercial Code and agree to be bound by same.
b) Governing Law:
You agree that the Image(s) will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. You, the user, shall at your own expense promptly obtain and arrange for the maintenance of all non-USA government approvals, if any, and comply with all laws and regulations as may be necessary, for company’s performance under this Agreement. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
If any provision of this Agreement is held to be not enforceable, such provision shall be reformed only to the extent to make it enforceable.
A material part of this contract is the Agreement to arbitrate. Any and all disputes arising out of, under or in connection with this Agreement, with the exception of copyright claims, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in Denver, Colorado, USA, pursuant to the rules of the American Arbitration Association in effect at the time arbitration is demanded. Judgment upon any award rendered may be entered in the highest court of the forum, State or Federal, having jurisdiction. This Agreement, its validity and effect, shall be interpreted under, and governed by, the laws of the State of Colorado, and you agree that the arbitrators shall award all costs of arbitration, including legal fees, plus legal rate-of-interest to the successful party.
9. LEGAL FEES AND JURISDICTION
If Colorado Image is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse Colorado Image for its legal fees, costs and disbursements if Colorado Image is successful. You agree that the Superior Court of Colorado is the agreed and appropriate forum for any such suit, and consent to service of process by registered mail or overnight courier with proof of delivery.
10. ENTIRE CONTRACT
You acknowledge that you have read this entire agreement, understand what you are agreeing to, and are bound by all the terms and conditions in it. You also agree that it is the complete and sole agreement between Colorado Image and yourself, the end user, written and oral. Any other communication between yourself and Colorado Image employees does not supersede this document. Any information provided on the web site or in written or verbal form shall not be construed as part of this agreement or an amendment thereto.