FOR COMMERCIAL ONLY Terms and Conditions:
This License Agreement (“License”) is entered by and between The Revs Institute (“Licensor”) and the user (” Licensee”).
WHEREAS, Licensor owns the image(s) described on the attached Exhibit A (the “Image”); and
WHEREAS, Licensee desires to license use of the Image for the commercial purpose as set forth on Exhibit A and this shall be sole purpose for which Licensee shall have the right to use the Image.
NOW, THEREFORE, the parties hereby agree as follows:
1.0 Grant of License. Licensor hereby grants to Licensee a nonexclusive, worldwide, nontransferable, license to use the Image for the purpose set forth on Exhibit A.
2.0 Reservation of Ownership. Licensor retains exclusive ownership of the Image.
3.0 Use and Prohibited Uses. The Licensee shall have the right to use the Image solely for the purposes set forth on Exhibit A and in compliance with the grant of license set forth in Section 1.0 hereof. The Licensee may not (i) modify, alter, or create derivative works based on the Image; or (ii) sell, rent, lease, sublicense, transfer, or provide unlicensed third parties use of the Image. In the event that the Licensee desires to use the Image in a publication, Licensee shall advise any publisher of such publication of the existence of this Agreement. Failure to do so shall constitute a violation of this Agreement and all rights hereunder of Licensee shall immediately terminate.
4.0 License Fee. As consideration for the license granted to Licensee by Licensor, Licensee shall pay the fee as set forth on Exhibit A. Licensee shall provide credit for use of the Image to “The Revs Institute.” Licensee shall note the name of the collection if available.
5.0 Representations of Licensor. Licensor hereby represents that it is the owner of the Image, or the licensee of the Owner, and that Licensor has the sole and exclusive right to license the use of the Image to Licensee. Licensor makes no representations regarding copyright or any other intellectual property rights in relation to the Image. The Image is licensed to Licensee on an “as is” basis and Licensee assumes all risk of use of the Image including copyright infringement. Licensee hereby agrees to indemnify and hold harmless Licensor and its affiliates from any and all claims relating to the use of the Image by Licensee, including claims of copyright infringement.
6.0 Termination. This License may be terminated by either party in the event of breach of this Agreement by the other party. Notice of termination shall be effective thirty (30) days following delivery of notice of breach and failure by the breaching party to cure such breach within the thirty (30) day period. Upon termination of this Agreement, Licensee shall cease all use of the Image.