LICENSE AGREEMENT FOR USE OF FASHION PHOTOGRAPHS
THE FASHION IMAGES HAVE LIMITED USAGE RIGHTS:
PRESS PURPOSES ONLY
GEOGRAPHICAL SCOPE LIMITED TO EUROPE, AFRICA AND MIDDLE EAST
RESTRICTED TIME PERIOD OF USE, PSECIFIED IN THE INDIVIDUAL IMAGES
ATTENTION: PLEASE READ THIS DOCUMENT BEFORE ACCESSING THE FASHION PHOTOGRAPHS.
BY ACCESSING THE FASHION PHOTOGRAPHS YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT
LICENSE AGREEMENT FOR USE OF FASHION PHOTOGRAPHS
THIS IS A LICENSE AGREEMENT BETWEEN YOURSELF AND CANON EUROPA N.V., having its place of business at 59-61 Bovenkerkerweg, 1185XB Amstelveen, the Netherlands (Canon) concerning the attached fashion photographs, and the images contained therein (Photographs).
License: Canon grants you a license to use the Photographs as set out in this agreement during a restricted time period.
The start date of the license shall be the date when te photograph is available in the Canon website for your use. The end date of such license is specified in the relevant Photograph (the "End Date"). You are not allowed to use the Photographs after the End Date. Please check carefully at all times the End Date in the relevant Photographs prior to any use.
The license is non-exclusive, non-transferable and revocable.
You are solely permitted to:
(1) Publish the Photographs only in the Europe-Middle East and African region and solely for press purposes (including, but not limited to, the following media: a) printed press (including magazine covers), b) on-line media, and c) newspapers;
(2) Use the Photographs as required to prepare publication and to publish the Photographs as described in (1) above.
You are not permitted to:
(a) Sub-license, loan, sell, assign, copy, modify, adapt, or create derivative works based on the Photographs or use the Photographs except as expressly permitted by this Agreement, and not to have any third party to do so. Prohibited modifications include, but are not limited to, any alteration of the appearance or composition of the Photographs, including but not limited to cropping; or
(b) Modify or delete any accreditation notice appearing on the Photographs; or
(c) Under any circumstances, use the Photographs beyond the stated End Date.
(d) Under any circumstances, use the Photographs outside the Europe, Middle-East and African region.
Ownership and rights: All rights, title and interest in the Photographs are owned by Canon or its licensors. Except as expressly provided herein, no license or right, express or implied, is hereby granted by Canon or its licensors to you regarding the Photographs.
Indemnity: You shall indemnify and hold Canon and each of its affiliates, licensors and agents, harmless from all actions, claims, damages, costs (including legal fees and expenses) and other liabilities of whatever nature (whether foreseeable or not) incurred by Canon or any Canon affiliates, licensors or agents in respect of any claim made against Canon, or its affiliates, its licensors or its agents as a result of any breach by you of the terms and conditions of this agreement.
LIMITATION OF LIABILITY. IN NO EVENT SHALL EITHER CANON, CANON SUBSIDIARIES OR AFFILIATES, THEIR DISTRIBUTORS, DEALERS, AGENTS OR CANON LICENSORS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL SPECIAL OR OTHER DAMAGES WHATSOEVER, WHETHER OR NOT CANON, CANON SUBSIDIARIES, AFFILIATES, THEIR DISTRIBUTORS, DEALERS, AGENTS OR CANON LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Termination: The Agreement will terminate automatically on the End Date.
After this date you have no rights to use the Photographs.
The Agreement is automatically terminated if you fail to comply with any of its conditions. Upon such termination, you have no rights to use the Photographs.
Upon expiry of the license or termination of the Agreement, for whatever reason, including Canon enforcing its legal rights, you shall immediately destroy all non-published copies of the Photographs.
General: This Agreement constitutes the entire agreement between you and Canon with respect to the Photographs and supersedes any prior oral or written representations, agreements or understandings with respect to the same. Except as explicitly provided in this Agreement, neither party shall have any remedy in respect of any statement made to it upon which it relied in entering into this Agreement (unless such statement was made fraudulently) and that party's only remedy shall be for breach of contract as provided for in this Agreement.
If at any time any part of this Agreement is found by a court of competent jurisdiction to be wholly or partly illegal, invalid or unenforceable in any respect under the law of any jurisdiction that fact shall not affect or impair the legality, validity or enforceability of any other provision of this Agreement.
The failure or delay of Canon in exercising any right, power or remedy under this Agreement shall not in any circumstance operate as a waiver of such right, power or remedy.
Canon has no control over the Photographs being used by the original licensor for whatever purposes, including other publications.
No variation to this Agreement shall be effective unless in writing and signed by an authorised representative of Canon.
Third Party Beneficiary: The provisions of this Agreement, in so far as it relates to Canon's third party suppliers, licensors, subsidiaries and/or affiliates, are directly enforceable by such Canon's third party suppliers, licensors, subsidiaries and/or affiliates.
Law: This Agreement shall be governed and interpreted in accordance with Dutch Law. All disputes between the parties which may arise from this Agreement will be resolved exclusively by the District Court of Amsterdam the Netherlands. Canon shall have, however, the sole right to waive this section and to enforce this Agreement under the local law and/or jurisdiction of the user.
Should you have any queries please contact your local Canon Public Relations Office.
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