INTELLECTUAL PROPERTY LICENCE AGREEMENT (USER)
THIS AGREEMENT is made between Stock Vectors Pty. Ltd. as owner and
operator of StockVectors.com ("Stock Vectors Pty. Ltd.") and you as
the User who downloads Content from the Site ("the User").
RECITALS:
A. Stock Vectors Pty. Ltd. is the owner and operator of
stockvectors.com
B. Stock Vectors Pty. Ltd. maintains the Content upon the Site.
C. The User wishes to download and use the Content.
THE USER AND STOCK VECTORS PTY. LTD. AGREE AS FOLLOWS
1. INTERPRETATION
1.1 "Content" means any photograph, image, vector, illustration,
exclamation, flash file, film or video footage, visual
representation generated optically, electronically, digitally
or by any other means or in any media or other
material or similar things that the User downloads from the Site.
1.2 "User" means you the person or entity downloading or seeking
to download Content from the Site.
1.3 "Site" means stockvectors.com
2. LICENCE - PERMITTED USES - PROHIBITED USES
2.1 By downloading Content from the Site the User enters into
this Agreement and agrees to be bound by the terms and
conditions hereof.
2.2 Stock Vectors Pty. Ltd. grants the User a non-exclusive,
non-transferable licence to use the Content strictly in
accordance with the terms and conditions of this Agreement.
2.3 PERMITTED USES
The User may in accordance with the terms and conditions of
this Agreement use the content only for the following
purposes:-
2.3.1 advertising, marketing, promotions, commercials,
packaging, presentations, brochures, magazines,
newspapers, broadcasts, electronic publications, posters,
letterheads, identity documents, and any other use
previously approved in writing by Stock Vectors Pty. Ltd.
2.4 PROHIBITED USES
The User must not:
2.4.1. use the Content in products for resale, licence or
other distribution electronically or in hard copy;
2.4.2 use the Content in design templates for resale;
2.4.3 use the Content on websites designed to induce its
resale;
2.4.4 share the Content across a network, on a compact
disc or in any other manner or use the Content in any
logo or part of any trademark, design mark, trade name,
business name or service or service mark;
2.4.5 use the Content in a manner considered by
Stock Vectors Pty. Ltd. in its sole discretion as being
pornographic, immoral, obscene, defamatory or that may
unfavourably depict or may bring any person or thing
reflected in the Content into disrepute;
2.4.6 authorise any third party to use the Content for
any purpose or resell, sub-licence or otherwise deal
with the content;
2.4.7 resell, hire, assign, donate, gift, transfer, any
right to use the Content under this Agreement;
2.4.8 reproduce the Content more than 500,000 times
without the written permission of
Stock Vectors Pty. Ltd.
3. LICENCE FEE
3.1 By downloading Content from the Site the User agrees to
pay without demand the Licence Fee.
3.2 The Licence Fee is that sum stipulated on the Site in
respect of the Content.
4. TERM OF AGREEMENT
4.1 This Agreement commences when the User downloads the
Content and may be terminated by Stock Vectors Pty. Ltd.:-
4.1.1 immediately and without prior notice if the User
fails to comply with the terms and conditions of this
Agreement;
or
4.1.2 for any reason in the sole discretion and if it
does so it shall notify the User in writing.
4.2 Upon termination for whatever reason the User must destroy
the Content together with any copies of it and otherwise
render it unusable and otherwise cease to use the Content
and if requested by Stock Vectors Pty. Ltd. confirm in
writing that it has complied with these requirements.
5. USER ACKNOWLEDGEMENTS
5.1 The User acknowledges and agrees that
Stock Vectors Pty. Ltd. may monitor anything downloaded by
the User from the Site and limit the number of downloads
per User and track any use of the Content by the User.
5.2 The User acknowledges that the Content may contain
intellectual property provided by third parties and the
Content is provided in its presented form subject to all
faults patent and latent and Stock Vectors Pty. Ltd. grants
no rights and makes no warranties as to the fitness for
purpose of the Content by the User.
5.3 Bazar Studios does not warrant the merchantability of the
Content.
5.4 The User acknowledges that the Content is copyrighted and
comprises intellectual property that may be owned by a third
party and/or Stock Vectors Pty. Ltd. and that any
unauthorised use by the User may comprise a breach of
copyright.
5.5 The User accesses and uses the Content entirely at his own
risk.
5.6 The User acknowledges that in no circumstance shall
Stock Vectors Pty. Ltd. be liable for any loss or damage
arising out of the User's use of the Content or the Site
whether the proceedings giving rise to such loss or damage
arise in contract, tort, trade practices, sale of goods,
breach of copyright patent or design or breach of any
intellectual property right or otherwise.
6. USER INDEMNITY
The User indemnifies and holds Stock Vectors Pty. Ltd.
indemnified from and against any and all claims, liability,
losses, damages, costs and expenses including legal fees on a
lawyer own client basis incurred by any person or entity
arising from breach of this Agreement by the User or its
servants or agents, or that arises in connection with the
User's use of the Content and the Site or of any breach of any
representation or warrant made by the user in downloading the
Content.
7. ASSIGNMENT
The User may not assign this Agreement without
Stock Vectors Pty. Ltd.' prior written consent.
Stock Vectors Pty. Ltd. may assign this Agreement without the
User's consent provided the assignee remains bound by the
provisions of this Agreement.
8. WAIVER
Stock Vectors Pty. Ltd.' failure to insist upon or enforce strict
performance of any provision of this Agreement shall not be
construed as a waiver of this Agreement as a whole or any
term or condition of it.
9. UNENFORCEABILITY
9.1 Any term or condition of this Agreement that is or becomes
unenforceable shall not affect the legality or enforceability
of its remaining terms and conditions
10. USER'S REPRESENTATIONS AND WARRANTIES
10.1 The User represents and warrants that:
10.1.1 he is 18 years of age or over and has the legal capacity
to enter into this Agreement;
10.1.2 he shall not use the Content other than as is permitted
in this Agreement;
10.1.3 he shall not breach any law or regulation of any country
in its use of the Content; and
10.1.4 that this Agreement is provided in English and that the
User can read write and understand English.
11. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties.
12. ACCEPTANCE
By ticking the "I accept" box at the end of this Agreement and/or by
downloading any of the Content from the Site you acknowledge that you
have read, understood, accepted and agree to be bound by the terms
and conditions of this Agreement.