DIGITAL IMAGE COMMERCIAL USE LICENCE

The following terms and conditions apply when you obtain this licence...

ClickedbyNic Photography (hereafter referred to as “us” or “we”) grants this COMMERCIAL USE LICENCE to the purchaser (hereafter referred to as “you”) to make permitted commercial uses of the enclosed electronic digital image (hereafter referred to as “the image”), subject to all of the following terms and conditions.

Copyright of this image and all other rights pertaining to this image remains with us.

A reference to "image" in these licence terms means part or all of the image.

THIS LICENCE:
1. is purchased by you by making full payment of the stated licence fee to us (there are no further royalties payable by you);
2. applies worldwide without territorial restrictions;
3. extends for a period of five (5) years from the date of purchase;
4. is non-exclusive – we can grant the same rights to others;
5. is non-sub-licensable and non-assignable – you cannot grant or transfer your licence rights to any other entity, agent or person;
6. may be revoked by us at any time in writing to you; and
7. will automatically terminate upon failure by you to comply with any of its terms or conditions.

PERMITTED COMMERCIAL USES
Under this licence, you are authorised to use the image for commercial purposes as follows:
1. inclusion of the image in up to 100,000* physical articles each embodying one hardcopy of the image in advertising, promotional, display, packaging materials and marketing materials; and
2. as part of one (and one only) commercial website.

AND ON THE CONDITION YOU:
1. do not use the image for, within, or as part of, a trademark, logo or brand-name;
2. do not make copies of the image in any form, or authorise other persons to do so, other than as necessary for the purposes of exercising your rights under this licence for the permitted commercial uses only;
3. do not redistribute, sell, on-sell, re-sell or licence the image, or any derivative of the image, as a standalone image in any form;
4. do not substantially edit, alter or change the image from its original form, other than as reasonably necessary to prepare the image for a permitted commercial use;
5. clearly attribute each permitted commercial use of the image within each and every medium in which the image is used for a commercial purpose as follows: ‘© clickedbynicphotography.com, image used under licence’;
6. do not use the image in breach of any law or regulation that applies to the jurisdiction in which you make use of the image; and
7. do not otherwise infringe the copyright or our rights in the image.

INDEMNITY
You indemnify and holds us harmless against all claims, liability, damages, costs and expenses stemming from a breach of this agreement, the use of the image, your failure to abide by any restriction regarding the use of an image, or any claim by a third party related to the use of the image.

WARRANTY AND LIABILITY
This image is provided "as is" with no warranty, expressed or implied, regarding the suitability of the image for any purpose. We are not liable to you or any person, agent or entity for damages, costs or losses stemming from any usage of this image.

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