Licence Agreement
Prolexmedia Licence Agreement PLEASE READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY BEFORE YOU DOWNLOAD OR USE ANY CONTENT. BY CONFIRMING THE PURCHASE OF THE CONTENT OR DOWNLOADING THE CONTENT YOU HAVE SELECTED FROM THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND THE CONTENT USAGE RESTRICTIONS CONTAINED HEREIN. IF YOU DO NOT WISH TO ACCEPT THE TERMS OF THIS AGREEMENT, PLEASE DELETE THE UNUSED CONTENT AND NOTIFY Prolexmedia BY EMAIL TO THE FOLLOWING ADDRESS WITHIN 10 DAYS FROM THE INVOICE DATE FOR A FULL REFUND: INFO@PROLEXMEDIA.CA THIS IS A LICENCE AGREEMENT BETWEEN YOU, YOUR EMPLOYER OR COMPANY, OR OTHER ENTITY ON WHOSE BEHALF YOU ARE ENTERING INTO THIS AGREEMENT (“YOU”) AND PROLEXMEDIA (“Prolexmedia”)
Definitions
- “Content” means photographs, vectors, drawings, cinemagraphs, illustrations, fonts, graphics and any other such digital material featured on Prolexmedia website and that has been selected and identified on the Invoice.
- “Footage” means any moving Content, animations, films, videos or other audio/visual representations, excluding still Content, recorded in any format that are available for licence from Prolexmedia website.
“Image(s)” means photographs, vectors, drawings, cinemagraphs, and the like available for licence from Prolexmedia website.
- “Terms” Means the terms of service set out in this Agreement and includes the terms contained in the Invoice. The terms contained in the Invoice replace those in this Agreement to the extent of any inconsistency.
- “Contributor” Means the owner of the copyright in the Content or their agent(s) who have submitted the Content to Prolexmedia
- “Invoice” Means the computer-generated or pre-printed invoice provided by Prolexmedia that may include, without limitation, details of the Content selected, any limitations on the Licence in addition to those specified herein, the key terms of the Licence and the corresponding price for the Licence. The terms contained in the Invoice shall be incorporated into this Agreement and all references to the Agreement shall include those terms.
- “Licence” Means the non-exclusive (unless otherwise stated in the Invoice) non-sub-licensable right Prolexmedia grants to you to use the Content.
- ”Reproduction” Includes any form of copying or publication of the whole or part of any Content whether by printing, slide projection or other display (whether or not to an audience), electronic, digital or mechanical means, use as a reference by an artist or in an artist’s illustration or by any other means. Reproduction further includes the copying or distortion or manipulation of the whole or part of any Content (for example, by computer, electronically, digitally by an artist or by any other means), even though the resulting content may not appear to a reasonable person to be derived from the original Content.
- “Release” Means a model or property release or any other release of a third party right or other permission which it is necessary or desirable to obtain in respect of any Content.
- “Licence Fee” Means any sum or sums payable to Prolexmedia by you in respect of the Licence.
-“Non-Exclusive Right” means you do not have exclusive rights to use the content. Prolexmedia can licence the same content to other customers.
- “Comp Use” means content that is copied, modified and incorporated in materials for sample use including comprehensive layouts.
- “Model” means any person depicted in Content.
Grant of rights and restrictions
- Prolexmedia grants to you a personal, non-exclusive (unless otherwise stated on invoice), non-sub-licensable and non-assignable right to reproduce the Content solely in the manner and for the purposes set out in the Invoice. The Content may only be copied, modified and incorporated in materials for sample use including comprehensive layouts (“Comp Use”). The Content may only be used in any final materials distributed internally or to the public once the image(s) have been purchased and an appropriate licence obtained. All other rights are reserved to Prolexmedia You must contact Prolexmedia at info@prolexmedia.ca to obtain a licence for additional use. Other than for Comp Use, Content may not be used in any way, until an invoice granting usage rights is issued and paid in full.
- This right may be exercised by your clients, provided that such clients agree to comply with all the Terms. When exercising this right you must ensure any notice of copyright, trademark or other propriety right is not removed from any place where it is placed on or embedded in the Content.
- Use of Content: Use of the Content is strictly limited to the use, medium, period of time, print run, placement, size of licenced material, territory and any other restrictions specified in the Invoice. You may utilize the Content in any production process that may be necessary for the intended use specified in the Invoice so long as any notice of copyright, trademark or other propriety right is not removed from any place where it is placed on or embedded in the Content.