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ROBERT OSVALD
Skroupova 1
Brno, 63600
Czech Republic
PHOTO/VIDEO LICENSING AGREEMENT
This Licensing Agreement is in effect as of ____________________ between Robert Osvald, located at Skroupova 1, Brno, CZ 63600, Czech Republic, (hereafter referred to as "Licensor") and:
Company/Individual Name: ___________________________________
(Should be the name under which your domain(s) are registered)
Located at (address): _______________________________________
City, State, Postal Code: _____________________
Country: _________________________________
Principal Domain (URL): _______________________________
hereafter referred to as "Licensee".
For the purposes of this Agreement "content", "images" or "material" will refer to any and all electronic versions of photographs and/or video distributed in any manner, including but not limited to, CD-Rom Media, Floppy Disk Media, and Electronic Distribution including Electronic Mail and Downloading from any web site owned and/or operated by "Licensor" and/or their assigns.
The Parties agree as follows:
1. GRANTING OF LICENSE: "Licensor" owns copyright and distributes images and content under the title: _________________________________________________(hereinafter "title"). In accordance with this Agreement, and for the consideration of $___________ USD, "Licensor" grants "Licensee" a limited release web site license to distribute images without alteration of copyright for the referenced "title". "Licensor" retains full rights, title and ownership of the referenced "title" and related material with the exception of the "Licensee" rights granted herein.
2 DISTRIBUTION OF MATERIAL: "Licensee" agrees not to sell the images on diskettes, CD's, or as any other electronic image or print formats except as specified herein, and understands distributing of images is defined as online user downloading from the "Licensee" OWNED web site(s) ONLY. "Licensee" may use the "title" images on an unlimited number of web site domains however these web sites MUST BE FULLY OWNED AND OPERATED by "Licensee" and with the domain(s) registered in "Licensee's" name. "Title" images may not be used as contract "content" (content provided to other, NON-"Licensee" owned web sites for a fee) without the express written permission of "Licensor".
3. ALTERATION: "Licensee" may crop and/or modify the "title" images as necessary to appear on "Licensee's" web site(s). "Licensee" shall not be required to maintain the small copyright text provided on each image except as noted in item 6 of this agreement.
4. THUMBNAILS: "Licensee" may use these images to create additional or thumbnails other than provided (if any), and alter these images as necessary for thumbnail use.
5. PROMOTIONAL & DESIGN USES: "Licensee" may use the "title" images for promotional and site design purposes as needed (such as banners, logos, etc.). "Licensee", however, may not use the "title" images for any purpose of promoting or designing another NON-"Licensee" owned and operated web sites without the express written permission of the "Licensor".
6. POSTING RESTRICTIONS: "Licensee" may use up to 20 images for "Picture Posts", "Thumbnail Gallery Posts" (TGP), and/or Newsgroup posting however the image MUST be uncropped, and retain the small copyright information intact in the image (with the exception of any thumbnails necessary) and, further, provided that the image(s) is served from "Licensee's" web site and/or server and not transferred to any other web site not owned and operated by "Licensee".
7. RESPONSIBLE USE: "Licensee" agrees to use the "title" material in a responsible manner and in accordance with the laws within the "Licensee's" community and the United States of America. "Licensee" shall not allow the "title" material to be viewed by minors. "Licensee" shall not alter the images to reflect or simulate activities that are illegal.
8. RELEASE OF LIABILITY: "Licensee" agrees that they will use the "title" material at their own risk and holds "Licensor" harmless from any damages or liability incurred by the "Licensee" as a result of using the "title" material. "Licensor's" responsibility and liability does not extend beyond providing the "title" material, and executed license agreement, to the "Licensee" in a timely fashion and maintaining the appropriate records in accordance with United States Federal Labeling Laws for sexually orientated material.
9. DISPUTE OF PARTIES & JURISDICTION: In any case of any copyright or contractual dispute, "Licensee" must provide "Licensor" with documentation proving the purchase of material, that the appropriate License Fees were paid and that the license was duly executed by both parties in a timely fashion. In the event of any dispute, the laws and jurisdiction of the State of Arizona and/or the United States of America shall apply as is appropriate for the matter. If this agreement is violated, "Licensor" may terminate this license without a requirement of notice and without a refund of any fees.
10. ENTIRE AGREEMENT: The parties agree that this constitutes the entire agreement and that there are no other agreements between the parties unless specifically stated in writing, signed by both parties, and attached and referenced herein.
11. ASSIGNMENT: The parties agree that "Licensee" may not sell, or otherwise transfer in any way, "Licensee's" rights under this agreement without the express written permission of the "Licensor".
Date: _______________________
Signature: _____________________________
(authorized officer or individual of "Licensee")
Date: _____________________
Signature: _____________________________
(Robert Osvald)
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