JMF Photography Royalty Free End User License Agreement

This is a legal agreement between you and JMF Photography. In using the images provided to you by JMF Photography you agree to be bound by all the terms and conditions of this agreement.

1. License Grant

All images provided to you by Julian Fraser (hereafter referred to as “JMF Photography”) are proprietary and copyrighted. All rights are reserved by JMF Photography. This license is granted only to the registered owner of a JMF Photography CD ROM or image print. Your invoice is the proof of your registration. This license is valid with respect to the images you have purchased and only if you have paid the applicable fee. No rights may be granted to the images other than the right to use the images as part of a product or design. This is a perpetual license at will and can be terminated at any time.

2. Permitted Usage

By this agreement, JMF Photography grants to you (the registered owner) the exclusive, non-transferable right to use the images in advertising and promotional materials for you or your direct clients or customers, who must be the end-user. Examples include: advertisements, articles in magazines and newspapers, reports, brochures, books, newsletters, multimedia applications, packaging, the internet. All equipment accessing the images must be at one physical location and be operating under one organization.

3. License Restrictions

You may not:

  1. Copy or distribute copies of the images, software, documentation or the package to others.
  2. Sub-license, sell, re-sell, distribute, give away, lend, rent, lease or provide to others any portion of the images.
  3. Use any of the images in any form of pornography, or in any other manner which is in any way embarrassing to or defamatory of any person or entity or otherwise unlawful.
  4. Use images with logos or trademarks without authorization from the depositary of the logo or trademark.
  5. Copy the images to a network, electronic bulletin board or on-line service. The images cannot be in a downloadable or FTP format. ** It is allowed to use the images as a part of a design for the internet. **

4. Warranties

JMF Photography warrants that it has the right to grant this license to you and to the best of its knowledge, the images do not infringe any rights of copyrights or other intellectual property or proprietary rights of third parties, but no right of action shall accrue against JMF Photography in the event of the said images being found infringing third party rights.

Where appropriate, the images are model-released, but this release exclusively relates to the use permitted by this License Agreement. For further information relating to photography in public and the law in England and Wales see HERE and HERE.

JMF Photography also warrants that any CD-ROM disc provided is free from defects in materials and workmanship for 90 days following the receipt of the product. The images are provided as is. JMF Photography makes no warranty of any kind on the quality of the images or compatibility with other computer products. Your sole remedy against JMF Photography shall be limited to replacement of the CD-ROM or image. Neither JMF Photography, nor its licensors will be liable to you for any consequential, incidental, direct, indirect or other damages arising out of the license of the image including any lost profits or any claim of a third party.

5. General

All rights to any provided CD-ROM and images are owned by JMF Photogrpahy and its licensors and are protected by international copyright laws, international treaty provisions and other applicable laws. You must treat the images like any other copyrighted material, except to the extent that this license provides to the contrary. JMF Photography retains the rights not expressly granted by this agreement. Your right to use the images terminates automatically if you violate any part of this license. In the event of termination, you must immediately destroy all copies of the images and return the CD-ROM(s) to JMF Photography. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this agreement. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in full force and effect. This agreement is governed by the laws of England and Wales whose courts are the courts of exclusive jurisdiction.

© 2008 JMF Photography