full version of our license:
web license - single user:
This license allows you to use each purchased single image for website, multimedia design projects and electronic presentations.
editorial / advertising license - single user:
This license allows unrestricted use of each purchased single image, including but not restricted to advertising, packaging, marketing, point of sale material and promotional campaigns.
image100 comping license:
This license governs the free comping images that you download from our website and the images contained on our browser disc, which is available free. They can be used for better viewing of any of our images or for comped presentations. Comping images are not licensed for use in final projects, whether for internal or external use, which includes, but is not limited to include, intranets and extranets.
image100 product license:
When you purchase images from our website or on CD-ROM, you're licensed to use them virtually anywhere, anytime and in any medium (pornographic, defamatory, libellous or otherwise unlawful use of any image is, of course, prohibited):
- Website, online and multimedia designs.
- Advertising and promotion campaigns, presentations and brochures.
- Book jackets and interior pages.
- Packaging for software, music albums, CDs and cassettes, and videotapes.
- Calendars, greeting cards and posters.
- Products for resale in any quantity.
Our Product License for images or CDs comes with an automatic 10-user license, making it easier to share image100 images with colleagues in your organisation. (Please note that this is not a simultaneous-user license; in other words, you may not have more than a total of 10 specific people using discs or images, even if only 10 people are using them at any particular time.) If you would like to share image100 images or CDs with more than 10 users, please contact us by email at (firstname.lastname@example.org), or by phone at +44 (0)20 7434 1661, and request an easy additional-user license upgrade.
Under the terms of our new product license, we explicitly state that the images can be reproduced and/or distributed as part of an advertisement, book, etc., on a Worldwide, perpetual basis.
for all uses:
image100 requests that a credit reading "?image100 Ltd" appear adjacent to the images or on a credits page or screen.
Images are not licensed for use in a downloadable or FTP format.
Use, or allowing anyone else to use any of these images to create pornographic, fraudulent, embarrassing, libellous, obscene, immoral, insensitive, infringing, illegal or defamatory material is prohibited.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND image100. READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU DOWNLOAD ANY IMAGE AND/OR SOFTWARE. BY DOWNLOADING ANY IMAGE AND/OR SOFTWARE FROM OUR WEBSITE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER AS WELL AS TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER, YOUR EMPLOYER MAY CONTINUE TO OPERATE UNDER THIS AGREEMENT.
grant of license:
image100 grants to you and your employer, if you are licensing on behalf of your employer, a nonexclusive, nonsublicensable right to use any software obtained from image100 ("Software") and the image100 image you have selected and any derivatives or copies (collectively, the "Image"), on your personal computer. The Image and Software may not be shared by creating a disc library, image storage jukebox, network configuration or similar arrangement.
The Image may be used in materials for PERSONAL, NONCOMMERCIAL use and TEST or SAMPLE use, including COMPS and LAYOUTS. The Image may not be used in any final materials distributed inside of your company or any materials distributed outside of your company or to the public, including but not limited to, advertising and marketing materials or in any online or other electronic distribution system (except that you may transmit comps digitally or electronically to your clients for their review) and may not be distributed, sublicensed or made available for use or distribution separately or individually and no rights may be granted to the Images.
The Software may be used only in conjunction with the Images. One copy of the Image and the Software may be made for backup purposes only but may only be used if the original Image or Software becomes defective, destroyed or otherwise irretrievably lost. Except as specifically provided in this agreement, the Image and Software may not be shared or copied. Pornographic, defamatory, libellous or otherwise unlawful use of an Image is prohibited.
additional rights available:
If you are unsure of your usage rights under this agreement or wish to use the Image in a manner not permitted by this agreement (for example: online or as part of an advertisement or product), please contact us by email at email@example.com, or by phone at +44 (0)20 7434 1661.
image100 warrants the digital copy of the Image and Software in the form downloaded by you to be free from defects in material and workmanship for 90 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the digital copy of the Image and Software or refund of the purchase price, at image100's option. image100 MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some countries do not permit the exclusion of implied warranties, and you may have other rights which may vary from country to country. NEITHER image100 NOR ITS LICENSORS SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES ARISING OUT OF THIS LICENSE OR OTHERWISE.
You may not decompile, reverse engineer, disassemble, or otherwise reduce to human-readable form any Software. All rights to the Image and the Software are owned by image100 and/or its licensors and are protected by United Kingdom copyright laws, international treaty provisions and other applicable laws. image100 and its licensors retain all rights not expressly granted by this agreement. The Image and Software are licensed only to you or your employer, if you are licensing on behalf of your employer. However, this agreement and the license to use the Image and Software may be transferred to another person or legal entity if the following conditions are met: you or your employer, if you are licensing on behalf of your employer (I) transfer the Image and Software without keeping or storing any copy, (ii) do not utilise the Image and Software and all copies of it to image100, and (iii) delete the Image, Software and all copies from all magnetic media and destroy all other copies, or upon request of image100, return all such copies to image100. Use of the Image and Software must be in compliance with all applicable law, including, but not limited to, laws and regulations relating to currency and the law of moral rights. image100 reserves the right to discontinue the use of any image for any reason and elect to replace the Image with an alternate Image. Upon notice of any discontinuance of a license for a particular Image, you, our employer and your client, if applicable, agree not to use the image in future. The Image and Software are "Restricted Computer Software" and when provided to, for or used on behalf of the United Kingdom, its agencies and/or instrumentalities ("UK Government") are provided with Restricted Rights. Use, duplication and disclosure by the U.S. Government is subject to restrictions as set forth under the United Kingdom copyright laws.
image100 ltd end user license end user agreement - CD and single image sales:
THIS IS A LEGAL AGREEMENT BETWEEN YOU "THE LICENSEE" AND image100 LTD. PROCEEDING WITH YOUR PURCHASE OF EITHER SINGLE IMAGES AND/OR CDs CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT YOU MUST NOT PROCEED ANY FURTHER WITH YOUR PURCHASE.
In consideration of the obligations, warranties and undertakings of the Licensee in this Agreement, and subject to and conditional upon their full and timely performance and observance, the company grants to the Licensee a non-transferable non-exclusive license to use the photographic images ("the Images").
The Images may be accessed and used by the Licensee and up to nine other people employed by the Licensee, on a computer network, jukebox or similar device. For sharing on larger networks, jukeboxes or similar devices or with more than nine other people, an upgrade license is required.
The Licensee is permitted to:
- Use the Images in the Licensee's personal, professional, internal, editorial and client projects including printed materials, advertisements, packaging, presentations, video, on-line or multimedia projects;
- Use the Images in a resale product of any quantity;
- Use the Images in a for-sale product of any quantity, providing the finished product(s) is designed for viewing purposes only and is not designed or intended for re-use in any on-line distribution system (including the Licensee's web page) at a resolution greater than 640x480 pixels (72dpi);
- Provide a temporary copy to others of the Images and Derivative Works, including any software ("the Product") which are an integral part of the Licensee's work product and reasonably required to produce a finished product in the normal course of the Licensee's workflow;
- Make a single copy of the Images for backup purposes.
The Licensee is not permitted to:
- Do anything not expressly permitted under the paragraph headed "Permitted Uses" above.
- Without prejudice to the generality of the above not to:
- Post any Image on any electronic bulletin board;
- Put the Images on-line in a downloadable format, or use the Images in a website at a resolution higher than 72dpi, or disassemble, decompile or "unlock", reverse engineer, translate or otherwise decode the Product for any reason;
- Use any backup copy for any purpose other than to replace an original copy if it is destroyed or becomes defective;
- Use or permit the use of the Product, or any part thereof, as a trademark or service mark, or claim any proprietary rights of any sort in the Product, or any part thereof;
- Sell, sublicense, distribute or otherwise grant rights or make available for use by others all or a portion of the Product in form or formats designed or intended for re-use of the Images.
- Use, or allowing anyone else to use any of the Images to create pornographic, fraudulent, obscene, immoral, infringing, illegal, blasphemous or defamatory material or using the images in a way that might cause offence to any participating people included in the Images. Using the Images in a way not specifically permitted or prohibited by this agreement, without prior written consent from image100 Ltd, is a violation of Copyright law.
- This license is in force until it is terminated by image100 Ltd pursuant to the provisions as to termination below. At termination, the Product must be returned to image100 Ltd. immediately and any back-up copies must be destroyed forthwith.
warranties of the licensee:
The Licensee warrants and undertakes, confirms and agrees with image100 Ltd:
That all rights of a proprietary and copyright nature and title in and to the Images are expressly acknowledged as the property of image100 Ltd. and subject only to the non-exclusive, non-transferable license contained in this Agreement, which does not confer any copyright or proprietary rights of any nature whatsoever on the Licensee aside from the uses specified and permitted in this Agreement.
The Licensee shall ensure that all copies of the Images published and distributed by the Licensee shall contain full and accurate copyright notices, credit attributions and acknowledgements that the copyright is retained in the works by image100 Ltd, and that reproduction is permitted only under the limited license from image100 Ltd.
The Licensee shall give full particulars to image100 Ltd as soon as the Licensee becomes aware of any actual or threatened claim by any third party in connection with the Images.
The Licensee shall retain total control and possession at all times of Images and ensure that these are kept in safe and secure storage facilities and shall not allow the Images to fall into the hands of third parties who are not licensed by this Agreement.
The Licensee shall indemnify and keep fully indemnified image100 Ltd from and against all actions, proceedings, claims, demands, costs (including any legal costs or expenses properly incurred and any compensation costs and disbursements paid by image100 Ltd. on the advice of their legal advisors to compromise or settle any claim), awards and damages arising directly or indirectly as a result of any breach or non-performance by the Licensee of any of the Licensee's undertakings, warranties or obligations under this Agreement.
The Licensee warrants and undertakes not to assign or license the use of the Images or any portion thereof for any purpose other than those purposes specifically agreed between image100 Ltd and the Licensee under this Agreement. In particular, the Licensee may not loan, rent, hire or otherwise transfer or purport to transfer the right to use the Images in any way to any other person or entity.
The Licensee accepts and warrants that use of the Images shall not infringe any third party rights, of any nature, and any liability for the infringement of third party rights, of whatsoever nature, shall rest with the Licensee.
All Images are owned by image100 Ltd. or its licensors and are protected by Copyright law, and are bound by the laws in force in England and Wales. No title to or intellectual property rights to the Images are transferred to you. image100 Ltd. retains all rights not expressly granted by this License Agreement.
Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owner's name. Trademarks can only be used to identify printed or electronic output produced by the Product. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this License Agreement does not grant you any intellectual property rights in the Product. Unpublished rights are reserved.
image100 LTD WARRANTS THE PRODUCTS TO BE FREE FROM DEFECTS IN DESIGN FOR 90 DAYS FROM DELIVERY AND WILL PERFORM IN ACCORDANCE WITH THE ENCLOSED DOCUMENTATION.
YOUR SOLE AND EXCLUSIVE REMEDY FOR A BREACH OF THIS WARRANTY IS THE REPLACEMENT OF THE PRODUCT OR A REFUND OF THE PURCHASE PRICE, AT THE OPTION OF image100 LTD. THIS WARRANTY
DOES NOT APPLY TO COPIES OR DERIVATIVE WORKS MADE BY YOU.
image100 LTD MAKES NO OTHER WARRANTY EITHER EXPRESSED OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PURPOSE AND/OR ANY PARTICULAR USE OR COMPATIBILITY WITH ANY COMPUTER OR OTHER KIND OF EQUIPMENT.
NEITHER image100 LTD, OR ANY OF ITS DIRECTORS, SHAREHOLDERS, TRUSTEES, AGENTS, EMPLOYEES, REPRESENTATIVES OR ASSOCIATES SHALL BE LIABLE FOR ANY DAMAGES OR LOSSES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE PRODUCTS AND/OR THE IMAGES. YOUR STATUTORY RIGHTS (IF ANY) ARE UNAFFECTED.
image100 Ltd. warrants, agrees and undertakes with the Licensee that:
To the best of the knowledge of image100 Ltd, the Images are not defamatory, obscene or immoral, and do not infringe any rights of copyright or other intellectual property or proprietary rights of third parties, but no right of action shall accrue against image100 Ltd in the event of the Images being deemed or found to be defamatory, obscene or immoral or an infringement of third party rights.
image100 Ltd. warrants that all permissions and consents required in relation to the exploitation of persons and individuals featured in the Images have been obtained but that this permission expressly and exclusively relates only to activities and uses permitted by the terms of this Agreement as outlined above.
Furthermore, no claim or action of any sort can arise against image100 Ltd. in this Agreement for the use of these Images and no liability can attach to image100 Ltd. for any acts, omissions or failures on the part of the Licensee to comply with the terms of this Agreement.
It shall constitute repudiation by the Licensee of its rights and obligations under this Agreement if:
- The Licensee fails to pay any amount due under this Agreement within one week of the due date;
- The Licensee is in breach of any other term of this Agreement;
- Any of the Licensee's warranties or representations shall prove to have been incorrect;
- The Licensee is declared or becomes insolvent or bankrupt, or the Licensee is put into examinership, receivership, administration or liquidation. image100 Ltd. reserves the right to accept such repudiation on the part of the Licensee and to terminate the License Agreement forthwith and to demand the immediate return of all Products in whatever form supplied or held, created or produced by the Licensee.
governing law and general provision:
This Agreement will be governed by the laws in force in England and Wales excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that neither the Images nor the Products will be shipped, transferred or exported into any country or used in any manner prohibited by export administration legislation or any other export laws, restrictions or regulations.
2002 image100 Ltd. All Rights Reserved.