End-User License Agreement (EULA)
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Within this license agreement, hereafter called ‘the EULA’ David Levine Photography (or DLP) will be ‘the Picture Library’ and David Levine ‘the Author’ and shall include his respective assignees, sub-licensees and or successor in title, you will be ‘the Client’ and shall include you, your respective assignees, sub-licensees, and or successor in title. In cases where the Client is a direct Client (with no Agency or intermediary), any references in this ‘the EULA’ to both ‘the Picture Library’ and ‘the Client’ shall be understood as references to you, the Picture Library’s Client. For the purpose of this agreement ‘the Picture Library’ will mean the official outlet for all ‘the Works’ of ‘the Author’ and ‘the Works’ will include but not be limited too ‘the Photograph’ and ‘the Footage and ‘the Video’ and ‘the Film’ and ‘the Edit’ and or any other derivative digital and film output, known or as yet unknown created by ‘the Author’
All downloads and downloadable links or email attachments and or other third party delivery systems used to supply The Works by the Author and or the Picture Library are subject to this EULA and the Client is accepting without exception and variation to its terms and conditions herein, which are only accepted by the Client on the basis that the EULA and the Terms and Conditions contained herein are the only ones applicable and agreed by all parties.
Any Terms and Conditions the Client may proffer in an attempt to cease ownership or control of rights are automatically rejected unless agreed in writing no less than 28 days beforehand by the Picture Library or the Author, sub-licensees and or successor in title. The Picture Library assumes the person downloading or requesting any Works on behalf of the Client is deemed to be authorized so to do by said client.
Should the Client not rely on email confirmations, hardcopy paperwork must be supplied by the Client, if none is provided, then the email traffic will constitute a contract in law.
The Author, sub-licensees and or successor in title retains the entire copyright in all the Works at all times, throughout the World and in perpetuity. the Picture Library is authorised to manage said copyrights on behalf of the Author, sub-licensees and or successor in title.
To avoid confusion, where a ‘Buyout’ is requested, it shall be taken to mean a to be agreed set period of ‘usage exclusivity’ and not ‘ownership’ or ‘rights transfer’ in any way and thus shall increase the value of the fee. The ‘Buyout’ shall mean an exclusive Licence for 1 (one) year only.
Where reproduction of the Works has taken place and settlement has not been made, the Picture Library will seek the full amount unpaid plus recovery cost in full and in addition make such charges to the publisher of those images as falls within the Copyright, Designs, and Patents Act 1988. The total destruction of any manufacture items contain the Works must be carried out and proof of said destruction delivered to the Picture library.
Title to all of the Works remains the sole property of the Author, sub-licensees and or successor in title, the Picture Library is the exclusive manager of the Works. At expiration date of the Client’s production process all the Works supplied in whatever nonphysical form must be securely deleted so as not to be recoverable, where a physical item, it must be returned to the Picture Library in good condition within 14 days. Title to any materials used in producing the Works is not transferred to the Client in any circumstances.
Your EULA comes into effect from the exact moment of delivery/download of the Works and only then if receipt of all relevant fees is received. No use may be made of the Works before payment in full of all the relevant fees without the express permission in writing of the Picture Library or the Author, sub-licensees and or successor in title.
Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation. Where restricted in the Agreement, permission to use the Works for other purposes will normally be granted upon request and agreement and full payment of a further mutually agreed fees.
the EULA must be agreed to again before any additional use of the Works is carried out. Any usage rights granted by your EULA does not include any partial or other assignments of copyright.
On the Client’s death or bankruptcy or (if the Client is a Company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver or an administration is appointed, any license granted shall immediately cease.
The works are supplied under the terms of this EULA on an as-is basis on the understanding that no manipulation, cropping of altertations whatsoever may be made to it. You are only able to resize the complete image to fit within your agreed usage. Larger files can be requested and where possible will be supplied to aid your production.
Unless agreed to in writing on the EULA, invoice or email, any usage is by default non-exclusive. If the Client requires an exclusive EULA this can be granted as a time-limited EULA but needs to to be agreed 30 days in advance. the Author retains the right in all cases to use or sell the Works.
the Author and the Picture Library will keep confidential and will not disclose to any third parties or make use of information communicated in confidence during or after the process of working with the Client, save as may be reasonably necessary to enable them to carry out any obligations in relation to the EULA.
INDEMNITY (on Collaborative works)
It is the Client who must satisfy themselves that all necessary rights, model releases, clearances or consents which may be required for there type of reproduction of people, places or items depicted within any the Works are in place and or obtained. It is acknowledged that the Picture Library gives no warranty or undertaking that any such rights, releases or consents are or will be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any of the Works. the Picture Library shall only be responsible for obtaining such clearances if this has been expressly agreed in writing before any collaborative creation of the Works. In all other cases, the Client shall indemnify the Author and the Picture Library against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances. the Author and the Picture Library will not be liable for any loss or damage, for any consequential loss of profit or income however caused including negligence by the Author and the Picture Library, their employees, agents, and heirs or otherwise, and it is the Client’s responsibility to insure against such loss or damage.
Payment by the Client will be in advance of receipt of any download link or strictly within 14 days of the issue of the invoice where relevant. Payment thereafter will result in any applied discounts being canceled, rendering the full 100% of the invoiced amount due immediately and any EULA suspended or canceled and further charges may be applied for any additional communication is need to recover the outstanding debt.
RIGHT TO A CREDIT
The License to Use requires that either that the Author’s name ‘© David Levine’ or ‘© David Levine Photography’ will be printed on or in reasonable proximity to all published reproductions of the Picture Library works, in print and online. the Author also asserts the statutory and moral right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof. The publication of any the Picture Library works, in print or online, without appropriate credit will be subject to an additional 400% increase of the usage fee.
Save for the purposes of production for the agreed licensed use(s), the Works may not be stored or archived in any form whatsoever without the written permission of the Picture Library. Any manipulation of the works or use of only a portion of the Works may only take place with the written permission of the Picture Library. the Works are stored by the Picture Library on the understanding that it’s not responsible for the future integrity and retrieval of that data, or of any failure to retrieve data from the Picture Library archive. Collaborative Works data is guaranteed for 30 Days for the shoot date.
The Picture Library has assured all sitters and models that and usage of the works containing their likeness will NOT be used in a way that will compromise them, their friends and family in any way. If as a publication your intention is to publish salacious or controversial articles about the persons contained within any of the works your EULA is immediately canceled and any fees paid are for fit.
These Terms and Conditions shall not be varied except by agreement in writing.
This agreement shall be governed by the laws of England and Wales. The Picture Library or the Author, sub-licensees and or successor in title reserves the right to amend these Terms and Conditions without prior notice.