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Content Licence Terms - Standard Image Purchasing Licence

Standard Licence Terms
 
Botanic Photos hereby grant to you a perpetual, non-exclusive, non-transferable worldwide license to use the Content for the Permitted Uses (as defined below). Unless the activity or use is a Permitted Use, you cannot do it. All other rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by Botanic Photos or the supplier of the Content, as the case may be.
 
Permitted Standard Licence Uses:
 
You may only use the Content for those advertising, promotional and other specified purposes which are Permitted Uses (as defined below).
·          You may not use the Content in products for resale, license or other distribution.
·          You may not use the Content for any company logo, as part of a trade-mark, trade-name, business name, design mark, or logo which may be copy righted.
·          You may not sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Agreement to any third party.
 
The end-user is responsible for all liabilities that may arise from the use of the image(s). Copyright is NOT transferred upon the purchase of an image. Only the copyright holder and/or agent for the copyright holder may license or re-license these images.
According to this Agreement, only you are permitted to use the Content, though you are permitted to transfer the content to your clients, printers or ISP for the purpose or reproduction for Permitted Uses, provided that such parties shall have no further or additional rights to use the Content and cannot access or extract it from any file you provide.
 
Permitted Uses:
 
·          advertising and promotional projects, including printed materials, product packaging, presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (ie. not for resale or license);
·          newsletters and presentations;
·          on–line or electronic publications, including web pages to a maximum of 800 x 600 pixels;
·          prints, posters (i.e. a hardcopy) and other reproductions for personal use or promotional purposes specified in (1) above, but not for resale, license or other distribution
 
If you have any doubt that your proposed use is a Permitted Use, you should contact Botanic Photos Help Desk for clarification.
 
Terms of Agreement
 
This Agreement is effective until it is terminated. This Agreement can be terminated by You (by destroying the Content and any Permitted Works, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Content for any purpose) or by Botanic Photos, without notice, if at any time you fail to comply with any of its terms. Upon termination, you must immediately cease using the Content and for any purpose and destroy or delete all copies and archives of the Content or accompanying materials; and if requested, confirm to Botanic photos in writing that you have complied with these requirements.
No representation or warranty, express or implied, is made with respect to the conditions of merchantability, or fitness for a particular purpose of the contents of this website and it is not to be relied on as authoritative.
BotanicPhotos does not represent or warrant that this website or the materials on it will meet your requirements or that their use will be uninterrupted or error free.
The risk as to the quality and performance of the content lies with you.  
You specifically agree and acknowledge that you have reviewed the terms of the Agreement and Terms of Use and you agree to be bound by them.
This Agreement is personal to you and is not assignable by you without Botanic Photos prior written consent.
This Agreement will be governed under the laws of State of South Australia, and the federal laws of Australia are applicable.
Any and all disputes arising out of, under or in connection with this Agreement, shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by a single Arbitrator appointed in accordance with such rules. The arbitration shall take place in Adelaide, South Australia and shall be conducted in the English language. The parties have requested that this Agreement and all related documents be drawn up in English.
 
Acknowledgement
 
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF BOTANIC PHOTOS AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND BOTANICPHOTOS.