PhotoCuisine License Agreement for PhotoCuisine Royalty Free Images
PhotoCuisine RF grants the Purchaser a non-exclusive, non-transferable right to use and reproduce Images from the CD or from individual downloadable image(s) under the strict condition they fully respect the terms and conditions stipulated in this present license.
Before using an Image or CD, the Purchaser must fully acknowledge and accept the terms and conditions of this license.
Any use of an Image or CD by the Purchaser implies they fully acknowledge and accept the terms and conditions of this license.
Scope of the license
• The Purchaser does not own the intellectual property rights for the Image or CD or its photographic content. He/she simply holds the rights to an end-user license granted according to the terms of the present licence.
• If an individual, only the Purchaser has the right to use the image or CD and remains the sole owner of this license. The personal license conferred is non-transferable and cannot be used by a third party.
• If the Purchaser is a legal entity, the present license extends to all its members, employees or agents. The Purchaser must not transfer the end-user rights to a third party beyond the members of their organisation or to one of their members for personal usage distinct from the activities of the Purchaser.
End-user rights granted to the Purchaser
• To reproduce the photographs from the CD or from individual downloadable image(s) via any chosen media, be it paper or similar, wood or similar, plastic or similar, fabric or similar, leather or similar, glass or similar electronic, digital or opto-digital (CDs, DVDs, databases, etc) media, any kind of videogramme (TV spots, video clips, company videos, advertising videos, the look of a TV channel, etc), for information purposes (magazine articles, newspaper articles, websites, etc), for illustration purposes (books, brochures, encyclopedias, catalogues, calendars, postcards, packaging for clothes or accessories, websites, etc), promotions (press announcements, brochures, presentations, business cards, advertising calendars, packaging and processing, marketing products, websites, etc) and advertising (in the press, point-of-sale display, websites).
In accordance with the terms and conditions of this present license, PhotoCuisine RF grants the Purchaser following rights:
• To reproduce the image(s) or CD for the purposes of informing, illustrating, promoting and advertising by any chosen means, including presentation to the general public, public showing and transmission or TV airing in any public or private space, using any technology available for the distribution of images, documents, data and messages of any kind.
• To burn a back-up copy of the image(s) or CD.
In accordance with the terms and conditions of this present license, the Purchaser is prohibited from:
• Reproducing or dispersing part of, or the whole, CD or individual images, with a view to leasing or renting it to a third party, whether for free or involving payment.
• Creating works that that could be considered defamatory, pornographic, libellous, immoral, obscene, fraudulent or illegal through improper use of the Image(s) or CD.
• Using the Image(s) or CD to create a product that may enter into competition, either directly or indirectly, with similar products and services by PhotoCuisine RF.
Please note: if the Purchaser violates any of the above conditions, they risk legal action.
Limits of responsibility
• The Purchaser is fully responsible for the kinds of usage he/she shall make of the Image(s) or CD and which require authorisation from third parties, in accordance with intellectual property rights governing photographic works or personality rights that may be exerted and are specifically excluded from this present license.
• Consequently, PhotoCuisine RF cannot be held responsible in any case for any use of the Image(s) or CD that may violate the personality rights of the third party.
• The Purchaser is obliged to respect the moral rights of the photographers represented on the Image(s) or CD.
• As creative works, the photographs possess non-transferable and imprescriptible rights. Consequently, it is forbidden to publish a photographic work without including the name of its author,
• Consequently, the Purchaser must take the appropriate steps/measures/action to include the name(s) of the photographer(s) of every image they use, to ensure the author of each photograph published is clearly identified.
• PhotoCuisine RF cannot be held responsible, in any case, for the use of an Image(s) or CD that breaches the moral rights of its author. Furthermore, by using any photographs in this way, the Purchaser risks legal action.
• PhotoCuisine RF warrants the Image(s) to be free from defects in material and workmanshipfor 30 days from delivery.
• PhotoCuisine MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PhotoCuisine RF Images, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PhotoCuisine SHALL NOT BE LIABLE TO Purchaser OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF Purchaser's USE OF THE PhotoCuisine RF Images OR OTHERWISE, EVEN IF PhotoCuisine HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES.
• This license, its validity and effect, shall be solely interpreted by French law.
from © Sucré Salé. 2008
to ©PhotoCuisine. 2020