ROYALTY FREE (RF) LICENSE AGREEMENT
THIS IS A LEGAL AGREEMENT BETWEEN YOU (“LICENSEE”) AND CHARLOTTE LAKE CREATIVE. BY ACCEPTING AND USING THE IMAGES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
1.1 “Images” means all types of photographic images, digital images and all other visual images.
1.2 “Invoice” means the agreement provided by Charlotte Lake Creative, the permitted scope of use of the Images selected and any limitations on the use of the Images and the license fee that corresponds to the use. The Invoice shall be incorporated into this Agreement and all references to the Agreement shall include the Invoice.
2. GRANT OF RIGHTS
2.1 Charlotte Lake Creative grants you a non-transferable, non-exclusive right to reproduce, transmit and display, in whole or in part, Royalty Free Image(s) an unlimited number of times, in any and all media for the Permitted Usage described below. All other rights to the Image(s) and accompanying materials, including without limitation, copyright and all other rights, are retained by Charlotte Lake Creative. All rights not specifically granted are retained by Charlotte Lake Creative.
3. PERMITTED USAGE
3.1 Print usage, including advertising and promotional materials, editorial publications up to 50,000 copies.
3.2 Digital usage, including Internet or web-based media including the following
- Web page advertisement
- Web page element
- E-newsletter design element or advertisement
- Electronic document (up to 50,000 copies)
- Multimedia presentation (up to 50,000 copies)
3.3 Any products or publications provided these products are not intended to allow the re-distribution, re-use or re-sale of the Image(s) up to 50,000 reproductions.
- Brochure, pamphlet, document or report
- Non-resale print or product
3.4 You may alter, crop, modify or adapt the Images, please ensure the notice of Charlotte Lake Creative’s copyright and any image identifying information embedded with the digital file is retained with the file.
4. RESTRICTIONS ON USE
4.1 You may not sub-license, sell, assign, convey or transfer any of its rights under this Agreement.
4.2 You may not distribute or include the Images in an electronic template intended to be used by third parties on electronic or printed products, where the purpose is to create reproductions of website designs, presentation templates, electronic greeting cards, business cards, or any other electronic matter.
- Electronic greeting card
- Web application template
- Presentation software template
- E-mail template
4.3 You may not use the Image(s) on any item/product for re-sale. Including but not limited to the following:
- Book Cover or interior page
- Greeting card design
- Poster for resale
- Calendar for resale
- Mug or T-shirt design
- Software packaging, CD/DVD/video or audio tape label
4.4 Sell, license or distribute its final product in such a way that permits Licensee's end users to extract or access the Images as a stand-alone file.
4.5 Incorporate the Images into a logo, trademark or service mark.
4.6 Distribute or upload the Image(s) online in a downloadable format or enable it to be distributed via any kind of service and media.
4.7 Use any Image in a pornographic, defamatory, libelous or otherwise illegal manner, whether directly or in context or juxtaposition with other materials.
4.8 You must not use the image(s) as references for any derivative works (such as drawings) without purchasing proper license.
4.9 Use any of the Images in any manner prohibited by any export laws, restrictions or regulations.
5. EXTENDED LICENSE OPTION (applies only if extended license is purchased)
5.1 You may reproduce the Image(s) as stated in 3.1 and 3.3 with unlimited reproductions.
5.2 You may use the Image(s) on products (listed in sections 4.2 and 4.3) for re-sale provided that credit is given to the Charlotte Lake Creative where possible.
6. WARRANTY AND DISCLAIMERS
Charlotte Lake Creative warrants that: (i) it has all necessary rights and authority to enter into and perform this Agreement; and (ii) the Image(s) will be free from defects in material and workmanship for 30 days from delivery (Licensee's sole and exclusive remedy for a breach of this warranty being the replacement of the Image(s)).
7. RELEASE / CAPTIONS
Charlotte Lake Creative will notify Licensee if it has obtained a model release and/or a property release for Image(s), either in the release status information accompanying the Image(s) on Charlotte Lake Creative website, in the Invoice or by other means. If no such notification is given, then no such model or property release has been obtained. Charlotte Lake Creative grants no rights and makes no warranties in any Image(s). Licensee shall be solely responsible for determining whether a release is sufficient for the proposed use or is required in connection with any proposed use of such Image(s). The licensee acknowledges that some jurisdictions provide legal protection against a person's image, likeness or property being used for commercial purposes without their consent. Charlotte Lake Creative used reasonable efforts to identify the caption for each Image, but cannot be held responsible for erroneous or incomplete caption information.
8. GENERAL DISCLAIMERS AND LIMITATION OF LIABILITY:
7.1 Charlotte Lake Creative makes no other warranties, express or implied, regarding the images, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Charlotte Lake Creative shall not be liable to you or any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, cost or losses arising out of Licensee's use of the images or otherwise, even if Charlotte Lake Creative has been advised of the possibility of such damages, costs or losses.
7.2 Charlotte Lake Creative’s maximum liability arising out of or in connection with Licensee's use of or inability to use the images (whether in contract, tort or otherwise) shall, to the extent permitted by law, be limited to the value of the license paid by the Licensee for the image(s).
7.3 The representations and the warranties made by Charlotte Lake Creative in this agreement apply only to the image(s) as delivered by Charlotte Lake Creative and will be invalid if the image(s) is used by Licensee in any manner not specifically authorized in this agreement or if Licensee is otherwise in breach of this agreement.
If you have questions or concerns relating to this Agreement, please contact Charlotte Lake Creative at firstname.lastname@example.org.
10. LICENSE CANCELLATION
Provided you have not used the images, you may cancel the license within 10 days for a full refund, from the date of the invoice. Please contact by email at email@example.com .