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Phototek Stock
Photography. End User License Agreement (EULA)
The following is a legal agreement
between you and Phototek. Please read this agreement
carefully before downloading any Phototek Image. By
downloading the Image, you agree to be bound by this
agreement.
1. The Image is copyrighted.
Phototek or its suppliers own all rights to the
Image. All rights are reserved by Phototek unless
otherwise granted to you. Your rights to use the
Image are subject to this agreement and are
conditional upon your payment for the Image to
Phototek. If at any time your account is in arrears,
you relinquish all rights to the Image you have
downloaded until outstanding payments are made. As
long as the user has paid for the image, they have
the right to use that image indefinitely.
2. By this Agreement, Phototek
grants you a personal, non-exclusive,
non-transferable, right to use and reproduce the
Image in the following ways: On web sites,
multimedia presentations, and broadcast video. In
magazines, newspapers, books, eBooks, pamphlets,
brochures, catalogs, book covers, textbooks,
editorials, posters, greeting cards (paper or
online), CD/DVD cover art, and advertising. In
connection with your business identity on
letterhead, posters, brochures, or business cards.
As decoration in office, restaurant, public area,
home, or store. On film or video broadcasts.
3. You may NOT: Use Phototek
images to compete with Phototek. This would include
displaying images in thumbnail format for download
on a website. Offering Phototek photos for sale, or
including Phototek photos in templates for sale. You
may not, for example, create a greeting card line
based on Phototek images - or use our images as the
basis for a collection of objects for sale. You may
use a single image for a greeting card - or a single
image for a display or sale item. Use the Image in a
way other than specified in paragraph #2 Use the
Image along with pornographic, defamatory, or
otherwise unlawful or immoral content or in such a
manner that it infringes upon any third party
trademark or intellectual property. Resell the
Image. Share Image by providing access on shared
disk drives or network. Use the Image in a website
template that you plan to sell to others - please
contact Phototek for a special template license. Use
Image as part of a trademark or patent Image. Use
Image as part of a company logo - please contact
Phototek for a special logo license. Use Image to
mass produce a printed reproduction on canvas or
paper to be sold. 4. "Non-transferable" as
used in Paragraph 2, means that the work you produce
with the image must be used for your direct
employer, client, or customer, who must be the end
use of your work. You may not sell, rent, load,
give, sublicense, or otherwise transfer to anyone
the Image or the right to use the Image. You agree
to take all commercially responsible steps to
prevent third parties from duplicating the Image.
This may include invisibly watermarking the image
and identifying that Phototek owns the image on the
document you intend to use the Image.
5. You agree to not share your
username and password combination. The username and
password you use to purchase an Image is to be used
by one person only. Each person that needs to login
and use Images will be issued a user account. We
reserve the right to limit downloading to one image
per minute if we suspect that users are sharing
their username and password. You may use your login
account on ONE COMPUTER in your office at any one
time. If any two users on two separate computers are
using the same username and password, we reserve the
right to terminate that account. We reserve the
right to monitor accounts and institute mechanical
means to stop users from sharing their login
information.
6. You agree to indemnify and hold
Phototek, and its suppliers harmless against any
damages or liability or any kind arising from any
use of the Image other than the uses specifically
permitted by this Agreement.
7. Neither Phototek or any of its
directors, officers, employees, partners, licensors,
or agents shall be liable for any damages, whether
direct, indirect, consequential, or incidental,
arising out of the use of, or the inability to use,
the Image.
8. This Agreement shall be
governed by the laws of New Zealand.
9. Additional rights to Images are
available. If you are unsure of your rights under
this agreement, or if you wish to use an image in a
matter not permitted under this agreement, please
contact Phototek for a special license. |
