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IMPORTANT NOTICE: THIS AGREEMENT IS A TRANSLATION OF AN ORIGINAL LEGAL TEXT WRITTEN IN SPANISH. PLEASE READ THE ORIGINAL DOCUMENT, IN SPANISH, AVAILABLE AT HERE

LICENSE AGREEMENT FOR FREE ROYALTY IMAGES:

LICENSE AGREEMENT FOR THE USE OF ROYALTY-FREE IMAGES ON SKETCHES AND MODELS.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND PHOTAKI. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADINGANY IMAGE. BY TRANSFERRING ANY IMAGE THAT APPEARS ONTHIS WEBSITE TOANYCOMPUTER SYSTEM, YOU AGREE TO BEBOUND BY THETERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREEWITH IT,DO NOT USEANY IMAGE.

IF YOU ACCEPT THIS AGREEMENT ON BEHALF OF YOUR COMPANY, THIS LICENSE AND ALL RESTRICTIONS AND LIMITATIONS LISTED HERE WILL AFFECT YOUR COMPANY AND YOU AS A REPRESENTATIVE OF YOUR COMPANY.

ALL THE IMAGESON THIS SITEARE THE PROPERTY OF PHOTAKI AND /OR ITSLICENSORS AND ARE PROTECTED BY COPYRIGHT LAW AND TREATIES, AND OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES.

ALL THE RIGHTS THAT ARE NOT GRANTED UNDER THIS AGREEMENTARE RESERVED. THIS LICENSE IS ONLY VALID FOR THE USE OF IMAGES IN SKETCHES AND MODELS. ANYOTHER USE OF THE IMAGESMUST BE PREVIOUSLY AUTHORIZED BY PHOTAKI.

  • I.License forthe use of images in sketches and models
    • 1.1 By this Agreement Photaki grants you the non-exclusive, personal, nontransferable right to use images for a period of 30 days only for the purpose of making sketches and models. You can only make a copy of these images on the hard drive of your computer system for limited purposes, i.e. for their assessment, to produce preliminary sketches and models to be shown to your own customers, being understood that these images should be removed from the hard drive of your computer system after authorized use.
  • II. Unauthorized use
    • 2.1 Under this Agreement, you cannot use any pictures of these websites:
    • 2.1.1 For any advertising, promotional, editorial or any other use involving a commercial application, paid or non-paid.
    • 2.1.2 Forworks derivative fromor related to a certain pre-existing image.
    • 2.1.3 To license, sell, publish and distribute any of the images in part or in full.
    • 2.1.4 To place the image on another computer system of any kind for the purposes of distribution in a downloadable format, FTP or similar.
    • 2.1.5 In libelous, defamatory, pornographic, fraudulent, abusive or illegal contexts. The use of conflictive topics prior authorization by Photakiis required,including but not limited to sex related matters, mental or physical abuse, abuse of drugs, alcohol, tobacco, those subjects alluding to AIDS, cancer or any other physical or mental disorder or any disparagement of a person or product.
    • 2.1.6 If it violates the right to honor, self-image and privacy.
    • 2.1.7 For any purpose other than those specifically provided in the first paragraph of this License Agreement.
    • 2.2 Any use of the images on these pages without prior permission is a violation of Photaki Intellectual Property allowing Photakito exercise all rights under applicable law in these cases.
  • III. Compensation
    • 3.1 You agree to indemnify and hold Photakiharmless against any harm or liability arising from the use of the Images in ways other than those expressly authorized by this Agreement.
  • IV. Divisibility
    • 4.1 If any provision of these conditions is not valid orbecomes non-validor is unenforceable under applicable law, such provision will have no effectbutonly to the extentof such invalidityand shall not affectany otherprovision of these conditions.
  • V. Law and Jurisdiction
    • 5.1. This Agreement and all matters collateral thereto will be governed by and construed in accordance with Spanish law and any disputes arising in its implementation will only be solved in court with jurisdiction in Malaga, Spain. However, this does not prevent Photaki from exerting the right to settle any litigation in other courts.

If you would like to get any additional rights or have any questions regarding your rights or obligations under this Agreement, please contact us by e-mail at info@photaki.com.

LICENSE AGREEMENT - ROYALTY FREE IMAGES

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND PHOTAKI. PLEASE READ CAREFULLY. BY USING ANY IMAGE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE AND HAVE NOT EXERCISED ANY RIGHTS GRANTED IN THIS AGREEMENT YOU WILL BE REFUNDED IN FULL THE AMOUNT OF THE PURCHASE OR CLICK THE "CANCEL BUTTON TO CANCEL THIS AGREEMENT AND YOUR ORDER.

IF YOU ACCEPT THIS AGREEMENT ON BEHALF OF YOUR COMPANY, THIS LICENSE AND ALL RESTRICTIONS AND LIMITATIONS LISTED HERE WILL AFFECT YOUR COMPANY AND YOU AS A REPRESENTATIVE OF YOUR COMPANY.

THE IMAGES INCLUDED IN OUR WEB PAGES ARE PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AND OTHER LAWS AND TREATIES ON INTELLECTUAL PROPERTY AND WHOSE OWNER IS PHOTAKI / OR ITS LICENSORS.

ALL RIGHTS NOT SPECIFICALLY GRANTED UNDER THIS AGREEMENT ARE RESERVED. THE AUTHORIZED RIGHT TO USE THE IMAGES INCLUDED IN OUR WEBSITE IS SUBJECT TO THE PAYMENT IN ADVANCE OF THE FEE AND THE LIMITATIONS CONTAINED IN THIS AGREEMENT.

  • I. Grant of License
    • 1.1 Standard License.

      Under this Agreement Photaki grants you the personal, non-exclusive, non-transferable right to use, for their own purposes commercial or noncommercial, worldwide and on perpetual basis, the images on our web pages (images) in the following ways:
      • a) Print: referred to any type of printing, tangible materials for advertising and publicity, for publication or any product (including the sale of the product).
      • b) Non-print: referred to any digital or electronic means including websites, multimedia presentations and CD-ROM, provided that no Image is at a higher resolution than 480 by 640 pixels (72 dpi) and that each image is incorporated into the design so as to perceive clearly that its purpose is not to be downloaded or copied by third parties.
      • With the Standard License no image can be reproduced or used more than 250.000 times (in this case you must select the extended license (1.2))

      1.2 Extended license.

      This license is an extension of the standard license allowing the creation of products for resale where the image is the main element. (Postcards, posters, shirts, calendars, greeting cards, templates ...)
      • a) The extended license images are available in the larger Standard license.

NOTE: Images are licensed, not sold.

  • II. Limitations of Use
    • 2.1 As noted in the previous section, the license granted under this Agreement is not transferable, meaning that any work produced using an Image must be for your own use or for use by its direct client, which must be the final user of your work. You may not sublicense, sell, lend or transfer in any other way to any other party neither any image, nor the right to use the Image (except as provided in paragraph 1), and nothing should provide or give the impression granted to any third party any right to use or reproduce the Image. Under this Agreement you agree to take all commercially reasonable steps to prevent third parties from duplicating or distribution by others of the Images.
    • 2.2 If the license is acquired by a company, the images can be shared by creating a library of images, "Image storage jukebox" or a similar system provided that no more than ten (10) specific employees of the company have access to these images. This is not a concurrent use agreement.
    • 2.3 Except as provided in this Agreement, images cannot be shared or copied, and they cannot be shared on any network of servers, with or without a central location allowing others to share the Images.
    • 2.4 You cannot use the image as part of a service or registered mark, nor can you use those trade names or registered service marks registered by others;
    • 2.5 You cannot place the image neither online nor on any kind of electronic distribution in a downloadable format, FTP or similar;
    • 2.6 You cannot use the images showing any kind of pornography nor in a libelous, defamatory, fraudulent, or usurpatory or illegal way. Prior authorization by Photaki is required to use those images in connection with conflicting topics, including but not limited to sex related matters, mental or physical abuse, abuse of drugs, alcohol, tobacco, those subjects alluding to AIDS, cancer or any other physical or mental disorder or any disparagement of a person or product.
    • 2.7You can make a copy of the Images only for backup and you can only use them if the original copy is damaged, destroyed or irretrievably lost by any other cause.
    • 2.8 The software should only be used in conjunction with the Images.
    • 2.9 Once notified of the discontinuance of a license for a particular image, you agree not to use that image in the future.
  • III. Compensation
    • 3.1 You agree to indemnify and hold Photaki safe from any harm or liability arising from the use of the Images in ways other than those expressly authorized by this Agreement.
  • IV. Divisibility
    • 4.1 If any provision of these conditions is missing or becomes non-valid or is unenforceable underapplicable law, such provision will have no effect but only to the extent of such invalidity and shall not affect any other provision of these conditions.
    • V. Law and Jurisdiction
      • 5.1 This Agreement and all matters collateral thereto will be governed by and construed in accordance with Spanish law and any disputes arising in its implementation will only be solved in court with jurisdiction in Malaga, Spain. However, this does not prevent Photaki from exerting the right to settle any litigation in other courts. This agreement is not governed by the United Nations Convention on Contracts for the International Sale of Goods.

    If you would lie any additional rights or have any questions regarding your rights or obligations under this Agreement, please contact us by e-mail at info@photaki.com.



    LICENSE for RIGHTS MANAGED IMAGES

    LICENSE AGREEMENT FOR THE USE OF RIGHTS-MANAGED IMAGES FOR SKETCHES AND MODELS

    THIS IS A LEGAL AGREEMENT BETWEEN YOU AND PHOTAKI. PLEASE READ CAREFULLY BEFORE DOWNLOADING ANY IMAGE.

    BY TRANSFERRING ANY IMAGE THAT APPEARS ON THIS WEBSITE TO ANY COMPUTER SYSTEM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH IT, DO NOT USE ANY IMAGE. IF YOU ACCEPT THIS AGREEMENT ON BEHALF OF YOUR COMPANY, THIS LICENSE AND ALL RESTRICTIONS AND LIMITATIONS LISTED HERE WILL AFFECT YOUR COMPANY AND YOU AS A REPRESENTATIVE OF YOUR COMPANY.

    ALL IMAGES ARE INCLUDED IN THIS WEB ARE PHOTAKI PROPERTY AND / OR ITS LICENSORS AND ARE PROTECTED BY LAW AND COPYRIGHT TREATIES, AND OTHER LAWS AND TREATIES OF INTELLECTUAL PROPERTY.

    ALL THE RIGHTS THAT ARE NOT GRANTED UNDER THIS AGREEMENT ARE RESERVED. THIS LICENSE IS ONLY FOR SKETCHES AND MODELS. ANY OTHER USE OF THE IMAGES MUST BE PREVIOUSLY AUTHORIZED BY PHOTAKI.

    • I. License for sketches and models
      • 1.1 By this Agreement Photaki grants you the non-exclusive, personal, nontransferable right to use images for a period of 30 days only for the purpose of making sketches and models. You can only make a copy of these images on the hard drive of your computer system for limited purposes, i.e. for their asessment, to produce preliminary sketches and models to be shown to your own customers, being understood that these images should be removed from the hard drive of your computer system after authorized use.
    • II. Unauthorized use
      • 2.1 Under this Agreement, you cannot use any pictures of these websites:
      • 2.1.1 For any advertising, promotional, editorial or any other use involving a commercial application, paid or non-paid.
      • 2.1.2 For works derivative from or related to a certain pre-existing image.
      • 2.1.3 To license, sell, publish and distribute any of the images in part or in full.
      • 2.1.4 To place the image on another computer system of any kind for the purposes of distribution in a downloadable format, FTP or similar.
      • 2.1.5 In libelous, defamatory, pornographic, fraudulent, abusive or illegal contexts. The use of conflictive topics prior authorization by Photaki is required, including but not limited to sex related matters, mental or physical abuse, abuse of drugs, alcohol, tobacco, those subjects alluding to AIDS, cancer or any other physical or mental disorder or any disparagement of a person or product.
      • 2.1.6 If it violates the right to honor, self-image, and privacy.
      • 2.1.7 For any purpose other than those specifically provided in the first paragraph of this License Agrement.
      • 2.2 Any use of the images on these pages without prior permission is a violation of Photaki Intellectual Property allowing Photaki to exercise all rights under applicable law in these cases.
      • 2.3 You agree to indemnify and hold Photaki harmless against any harm or liability arising from the use of the Images in ways other than those expressly authorized by this Agreement.
    • III. Divisibility
      • 3.1 If any provision of these conditions is not valid or becomes non-valid or is unenforceable under applicable law, such provision will have no effect but only to the extent of such invalidity and shall not affect any other provision of these conditions.
    • IV. Law and Jurisdiction
      • 4.1 This Agreement and all matters collateral thereto will be governed by and construed in accordance with Spanish law and any disputes arising in its implementation will only be solved in court with jurisdiction in Malaga, Spain. However, this does not prevent Photaki from exerting the right to settle any litigation in other courts.
    • LICENSE AGREEMENT FOR RIGHTS MANAGED IMAGES

      THIS IS A LEGAL AGREEMENT BETWEEN YOU AND PHOTAKI ABOUT THE ASSIGNMENT OF COPYRIGHT ON ANY OF THE IMAGES THAT APPEAR ON THIS SITE. PLEASE READ CAREFULLY BEFORE DOWNLOADING ANY IMAGE. BY CLICKING "BUY" AND / OR USING ANY IMAGE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND SPECIFICATIONS CONCERNING THE USE OF THE IMAGES SHOWN BELOW. IF YOU DO NOT AGREE, CLICK THE "CANCEL" BUTTON TO CANCEL THIS AGREEMENT AND THE COPYRIGHT ON THE IMAGES WILL NOT BE GRANTED TO YOU. IF YOU ACCEPT THIS AGREEMENT ON BEHALF OF YOUR COMPANY, THIS LICENSE AND ALL RESTRICTIONS AND LIMITATIONS LISTED HERE WILL AFFECT YOUR COMPANY AND YOU AS A REPRESENTATIVE OF YOUR COMPANY. ALL IMAGES INCLUDED IN THIS WEBSITE ARE PHOTAKI’S PROPERTY AND / OR ITS LICENSORS AND ARE PROTECTED BY LAW AND COPYRIGHT TREATIES, AND OTHER LAWS AND TREATIES OF INTELLECTUAL PROPERTY. ALL RIGHTS NOT SPECIFICALLY GRANTED UNDER THIS AGREEMENT ARE RESERVED. YOUR RIGHT TO USE ANY OF THE IMAGES IS SUBJECT TO PAYMENT IN FULL AND TO THE SUBSEQUENT LICENSE RESTRICTIONS SET FORTH IN THIS AGREEMENT.

      • I. Definitions - In this Agreement, the following terms shall have the following meanings:
      • Request: Computer-generated or pre-printed form describing the reproduction rights of the image you requested.
      • Invoice: The computer-generated or pre-printed invoice describing the reproduction rights to the image and the corresponding fee for the license granted.
      • Reproduction: any copy or publication of all or part of the picture by any means. Reproduction also includes any distortion or manipulation of all or part of the image.
    • II. Ownership of the rights to the images
      • 2.1 All images are copyright of Photaki and / or its licensors and are protected by copyright and international treaties on copyright and other laws and treaties on intellectual property.
      • 2.2 No transfer of ownership rights over the image will be allowed, not even by paying the bill concerning the use of a particular image. The final user must protect the copyright on the image and this right should be immediately assigned to Photaki. The following information must appear next to the image in any editorial use of an Image: "© Photaki / Photographer / Year."
    • III. Rights guaranteed
      • 3.1 Photaki warrants you and your company, if you act on behalf of your company, the right to use the image for a single non-exclusive use, unless the bill expressly provides you with a unique, non-sub licensable and non-transferable clause to your favor, as the parameters determined in Order and Invoice.
    • IV. Restrictions on Use
      • 4.1 As already stated in the previous section, the license granted under this contract is not transferable and that means that any work you produce by using an Image must be for your own use or for use by your company or its direct customer, it must be the final user of your work. You may not sublicense, sell, lend or transfer in any other way to any other party any image (except in the case of an image that has been included in one of the uses specified in the Invoice), and none of your productions should neither provide nor imply that any third party may have the right to use or reproduce the Image. Under this contract you agree to take all commercially reasonable steps to prevent third parties from duplicating or distributing the Images among third parties.
      • 4.2 Except as provided in the invoice, the authorization for the reproduction of images means always a non-exclusive use and is strictly limited to the use or destination, time period, geographical area, size of the image, environment and other parameters specified in the Invoice that as for tis same reference is to be part of this contract and constitutes with it the full license granted. No advertising or secondary commercial rights are guaranteed or implied unless otherwise specified in the Invoice.
      • 4.3 Except as otherwise specified in the invoice, the authorization for the reproduction of images is granted for a single play, in the sense of a single fixation / incorporation into the media specified in the Invoice, and for single use in a single print and / or editing in a single size, in one language and one territory, thus requiring the authorization of Photaki to reuse this Image republication or reprint any medium to which had been fixed / incorporated image in question.
      • 4.4 All rights not specifically guaranteed in this agreement are reserved. Your right to reproduce an image is subject to the restrictions set forth in this agreement and is conditioned upon payment of the total license fee.
      • 4.5 The fee for the license of an image depends on the nature of the rights guaranteed. You agree to notify Photaki on the publication of any Image and agree to pay for an additional license if you want to extend the license granted.
      • 4.6 The use of an Image in a manner not specifically authorized by Photaki constitutes an infringement of intellectual property rights.
      • 4.7 You are responsible for ensuring that all information in the Invoice is true and correct.
      • 4.8 Photaki reserves the right not to authorize the use of an image for any reason.
      • 4.9 You can only use a single copy of the image on a single computer. You can only download the image in one (1) hard disk of a computer or other computer and cannot make, use or distribute copies of the Image for any purpose other than specified in the Invoice.
      • 4.10 When the license is due you must delete or destroy all copies of the Image.
      • 4.11 Although Photaki makes every effort to describe the content of each image, Photaki not guarantee that this information is completely accurate.
    • V. Model authorizations and other rights of third parties
      • 5.1 Except where expressly stated by Photaki otherwise in writing, and given that you and / or your client (final user) are the only parties apprised of the specific context in which the Photaki´s Material shall be used, you hereby acknowledge that the license granted by Photaki does not include a license to and Photaki makes no warranties or representations that it licenses any rights related to any person depicted in the Photaki Material nor Photaki can guarantee to be in possession (or the validity or effectiveness and scope if applicable) of the necessary authorizations from the persons depicted in the Photaki Material for the intended use of the graphic material. The same shall apply with regard to the authorizations that may be required for the use of names, brands, logos, entities or corporations which may also appear in the Photaki Material.
      • 5.2 Also, unless otherwise agreed in writing, and, given that you and/or your client (the End-User) are the only parties privy to the specific context in which the Photaki material shall be used, Photaki neither transfers nor guarantees that it possesses any exploitation rights to the designs and works of art (e.g. architectural works), that may appear reproduced in the Photaki material. Therefore, when the license is granted to reproduce the Photaki material, the reproduction being authorized pertains solely to the Photaki aterial independently of any rights that may correspond to the copyright holders of the work appearing in said Photaki material.
      • 5.3 Unless otherwise agreed in writing, Photaki shall not undertake to obtain the authorizations referred to in previous paragraphs 5.1 and 5.2, whereby you and/or your client (the End-User) must be the ones responsible to obtain such authorizations, if necessary. Therefore, you and/or your client (the End-User) shall be solely responsible to third parties for the use of the Photaki Material, therefore holding Photaki absolutely save and harmless to that end.
      • 5.4. Photaki shall not be held liable for any conflict that may arise as a result of any digital or analog manipulation of the Photaki material, incorrect, improper or unauthorized use of the Photaki material, such as, for instance, those that serve to illustrate texts or contexts (of any kind, including advertising and commercial ones) that may harm the rights or interests of persons, companies, corporations, etc., and, in particular, when they may be considered slanderous, defamatory, or infringing on third party rights, or, in otherwise illegal.
      • 5.5 In the event that Photaki erroneously reports that the rights of an Image of models are authorized to be transferred when not, Photaki responsibility is limited to the fee paid for the license of that image.
    • VI. Unauthorized use
      • 6.1 Images cannot be used in libelous, defamatory, pornographic, fraudulent, abusive or illegal contexts. The use of conflictive topics prior authorization by Photaki is required, including but not limited to sex related matters, mental or physical abuse, abuse of drugs, alcohol, tobacco, those subjects alluding to AIDS, cancer or any other physical or mental disorder or any disparagement of a person or product.
      • 6.2 Images cannot be used for any purpose other than those specifically provided in the invoice.
      • 6.3 No image can be used in any image library, "Image storage jukebox", net configuration or similar computing system.
      • 6.4 You agree to indemnify and hold Photaki harmless against any claim, damage, loss or expense, including legal fees, in any way arising from improper use of any Image or violation of any term of this contract.
      • 6.5 Any breach by you regarding the payment of any image or use of any image beyond the parameters of the license granted shall constitute a violation of this contract.
    • VII. Payment
      • 7.1 Except in the case of paying by credit card, it will apply a service charge of 2% per month or the highest rate permitted by applicable laws - of the two, whichever is less - on any invoice unpaid after expiration date specified in that invoice.
    • VIII. Credit or cancellation
      • 8.1 If any image whose reproduction rights have been authorized is not used by the customer, he or she may request in writing the cancellation of the license within 30 days from the date of the Invoice. Then Photaki may proceed with the cancellation of the Bill and the refund of charge to the client’s account or credit card.
      • 8.2 After 30 days, no cancellations will be accepted and the total amount of the invoice must be paid.
    • IX. Warranty and Limitation of Liability
      • 9.1 Neither Photaki, nor its directors, employees, partners, licensors or agents will assume any responsibility for any loss or damage that may result from the inability to use an image, even if Photaki has been warned of the possibility of such damages. In any case, the limit of liability Photaki will be the payment of the fee for use of the image in question.
    • X. Entire agreement, amendments, waivers
      • 10.1 This contract contains all agreements between the parties relating to the copyright of the images. No term or condition may be modified or added, unless made in writing and with the consent of both parties. No waiver by Photaki concerning this Agreement shall be valid or binding unless made in writing. Such waiver shall constitute a waiver only with respect to the specific object described in the letter and in no way prejudice the rights of Photaki in any other aspect or moment.
    • XI. Divisibility
      • 11.1 If any provision of these conditions is not valid or becomes non-valid or is unenforceable under applicable law, such provision will have no effect but only to the extent of such invalidity and shall not affect any other provision of these conditions.
    • XII. Law and Jurisdiction
      • 12.1 This Agreement and all matters collateral thereto will be governed by and construed in accordance with Spanish law and any disputes arising in its implementation will only be solved in court with jurisdiction in Malaga, Spain. However, this does not prevent Photaki from exerting the right to settle any litigation in other courts.

        If you would like any additional rights or have any questions regarding your rights or obligations under this Agreement, please contact us by e-mail at info@photaki.com.
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