This Digital Image License Agreement (hereinafter referred to as the “Agreement”) is made and effective on the date of purchase
BY AND BETWEEN: Archbrand, hereinafter referred to as the “Licensor.”
AND: the purchaser of the Digital Images, hereinafter referred to as the “Licensee,” collectively referred to as the “Parties.”
WHEREAS, the Licensor intends to transfer certain rights pertaining to the Digital Image, description attached, and the Licensee intends to license such rights.
WHEREAS, the Licensor, under the terms and conditions of this Agreement, grants the Licensee the rights enumerated in this Agreement for their mutual benefit.
THEREFORE, the parties agree to the terms and conditions set forth in this Agreement for the consideration acknowledged by the parties.
Terms and Conditions
1. The Licensor permits the Licensee the non-exclusive, non-transferable right to use the Image. Except for the following, the Licensee shall not make use of the Image:
1. Advertising and promotional purposes
2. Make flyers, posters, and tear sheets
3. Magazines, books, websites
4. Video, movies, broadcast
2. The Licensee agrees that the right enumerated in this Agreement are only license rights, and it should not be taken as an assignment or sale.
3. The Licensor retains all rights, license, copyright, ownership, and title of the Digital Image.
4. Licensee, neither during the force of this Agreement nor on its expiration, acts in a way to challenge, alienate, invalidate or impair the rights of the Licensor in this Digital Image.
5. Licensor warrants that, Licensor holds the rightful title of this Image and all rights attached to this Image, including copyright and right to license.
6. The Image is free from any legal liability and third-party rights.
7. Both parties hold the right to terminate the Agreement prematurely by delivering a written notice stating the reasons and the effective date of such notice.
8. Notwithstanding the term of clause 6 of this Agreement, this Agreement shall automatically expire in the following circumstances:
a. Licensee abrogates any clause of this Agreement
b. Assigns, conveys, sells, or licenses any rights associated with the Digital Image described in this Agreement.
c. Licensee uses the Image for any purpose not explicitly permitted in clause 1 of this Agreement.
d. Licensee uses the Image in a way not expressly approved by this Agreement.
9. This Agreement shall be construed and governed in all respects in accordance with the Law of England and Wales and the English Courts shall have exclusive jurisdiction in respect of any disputes arising hereunder.
10. If any provision of this Agreement becomes invalid or non-competent in a Court of Law, the rest of the Agreement will not be affected.
11. This Agreement may not be modified except in writing with the consent of the parties to this Agreement.