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Licence Information
In this Agreement the clauses are for convenience only and shall not affect the construction of this Agreement. Words denoting the singular shall include the plural and vice versa. The Software license and the Data License granted to the User are all part of the terms and conditions of this Agreement. Terence Bunch, Picture Library reserves the right to alter the contents, manner of presentation and/or specifications of the Library service and/or the data and to remove any part of the data from the Library either temporarily or permanently without notice to the User. No variation or these terms and conditions set out herein shall be effective unless agreed in writing by both parties. No property or copyright in any data shall pass to the User whether on its submission or on the User's grant of reproduction rights in respect thereof.
Data License
Terence Bunch, Picture Library grants to the User a non-exclusive, non-transferable license to copy and reproduce data accessed and retrieved from the library as part of the library service for the purpose of creating hard copy 'Mock ups' for its own internal use. The browse data may not be used for any multimedia activity including use on the Web.
The User may not copy, reproduce and/or use the data in any way or for any purpose other than those specified by the User during the Download stage. The User must use the software to select data (those still images in the data which it wishes to copy, reproduce and/or use, specifying the usage to which it wishes to put that data and the frequency to which such data will be exposed. Reproduction rights (if and when granted) are strictly limited to the use, period of time and territory specified by the User otherwise agreed in writing, relate to a single usage. Reproduction rights are not granted exclusively to the User except when specified in writing by Terence Bunch, Picture Library. Reproduction rights granted are personal to the User and may not be assigned, nor may any data downloaded by the User be loaned or transferred to third parties save for the purpose of the exercise by the User of such reproduction rights. Any reproduction rights granted are by way of license and no partial or other assignment of copyright shall be implied.
Account Holders
Terence Bunch, Picture Library's Invoice shall be paid within 30 days from date of invoice. If payment is not made within 30 days, then Terence Bunch, Picture Library may rescind this Agreement and recover damages, or, at its option, may charge interest on the overdue amount at 2% per month on the outstanding balance.
All charges payable to Terence Bunch, Picture Library by the User under the terms of this Agreement. Data marked 'copyright free' is free to the User for editorial purposes only.
Terence Bunch, Picture Library reserves the right to increase or decrease its reproduction charges from time to time without notice to the User.
Terence Bunch, Picture Library reserves the right to alter the contents, manner of presentation and/or specification of the library service and/or the Data and to remove any part of the Data from the library either temporarily or permanently without notice to the User. Terence Bunch, Picture Library will use all reasonable endeavours to keep the Library services in operation 24 hours a day 365 days a year. Unless otherwise agreed in writing, if any data reproduced by the User omits copyright notice or credit line specified by Terence Bunch, Picture Library, the reproduction fee payable by the User may be subject to a 20% increase. The right to a credit is asserted in accordance with sections 77 & 78 Copyright, designs and patents Act 1998.
The User acknowledges that the copyright and all other intellectual property and other rights in all artistic, literary or other works comprising the Data in the Library are owned by Terence Bunch, Picture Library.
Terence Bunch, Picture Library shall have no liability to the User in contract, tort or otherwise for any loss or damage (including, without limitation, loss of or damage to the User's software and/or data) which the User suffers (whether direct, consequential or any other form of loss) as a result of any error, inaccuracy in or computer virus in or introduced into the User's computer system, software, data or communication facilities by or in media on which they are contained or the delivery method by which they shall be received or as a result of the User using the library service or as a result of any failure on the part of Terence Bunch, Picture Library to provide the library service. No addition to, deletion from or alteration to or adoption of any data may be made without the written permission of Terence Bunch, Picture Library.
In the case of printed publications, two copies of the relevant pages containing any data supplied by Terence Bunch, Picture Library are to be furnished to Terence Bunch, Picture Library by the User, free of charge within two weeks. In other media, evidence of use must be supplied within two weeks of Terence Bunch, Picture Library's request, at the User's cost.
This Agreement may be assigned by Terence Bunch, Picture Library only.
While Terence Bunch, Picture Library takes all reasonable care in the performance of this Agreement generally, Terence Bunch, Picture Library shall not be liable for any loss or damage suffered by the User or by any third party arising from use or reproduction of any data.
It is the User who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Terence Bunch, Picture Library gives no warranty or undertaking that any such rights, releases or consents are or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works or art depicted in any data. In the event that the data is used or in reproduction by or with authority of the Subscriber then the User shall indemnify Terence Bunch, Picture Library against any loss, damage, proceedings or costs where such rights, releases or consents have not been obtained.
This Agreement shall be subject to and construed according to English Law and the parties agree to accept the exclusive direction of the Courts of England.