arabianEye License Agreement

Terms and Conditions

Please read this agreement before accessing arabianEye. By using this site, you agree to be bound by our terms and conditions.
1. Definitions: i) "Client" refers to the commissioning party, its representatives, successors, assignees, agents and affiliates. ii) "Reproduction" includes any form of publication or copying of the whole or any part of any image whether or not altered by printing, photography, slide projection (whether or not to an audience), xerography, artists' illustrations, layout or presentation, electronic or mechanical reproduction or storage by any other means. iii) "Image" includes any digital file or film format (transparencies, negatives) which may be offered for the purposes of reproduction.
2. Changes in Writing: No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
3. Usage Rights Granted: All rights granted, unless otherwise agreed in writing, are for one time use only. Re-use of images must be re-licensed through arabianEye.com. Unauthorized re-use of files will result in double the normal space rate fees. Re-use without permission will be considered an infringement of copyright. The license will state the media use and the territories for the usage.
Grant of photography reproduction rights hereunder is conditioned upon Client's written acceptance of each term set forth in this agreement, including but not limited to, receipt of payment in full by arabianEye and placing of the required copyright notice on each use of arabianEye photography. All rights remain the exclusive property of the photographer or arabianEye. No copyright or other intellectual property right shall pass to the Client. arabianEye ensures its Clients adhere to our strict reproduction licenses and will fine, and begin legal proceedings against, offending Clients who disregard our terms and conditions.
4. Alterations: Client will not make or permit any alterations, additions, or subtractions in respect of the imagery, including without limitation any digitalization or synthesizing of the imagery, alone or with any other material, by use of computer or other electronic means. It is understood that such alteration as stated above is considered an additional use. This use requires the payment of additional fees, which must be negotiated beforehand with arabianEye.
5. Assignment, Sublicense and Transfer: Any rights granted to Client under this agreement are licensed exclusively to Client and cannot be assigned, sublicensed or transferred to any third party, including foreign editions and reprints.
6. Model Releases: No model releases exist for the Images available on arabianEye.com unless specifically acknowledged in writing by arabianEye. arabianEye is not responsible for obtaining model, property, or other releases in connection with any of the imagery licensed unless specifically stated herein. Client shall indemnify and hold arabianEye harmless against any and all claims, liability, damages, costs, and expenses (including reasonable legal fees and expenses) arising out of the use of any Image for which:
(a) no written release was furnished to the Client by arabianEye.
(b) the use of any Image exceeds the scope of the release provided by arabianEye to the Client.
Client will also indemnify and hold arabianEye harmless against all claims, liability, damages, and expenses (including reasonable legal fees and expenses) in connection with any third party claim arising out of the use of the Images, including, but not limited to, defamation, right of privacy, right of publicity, and obscenity claims. arabianEye's liability for all claims shall not, in any event exceed, the total amount invoiced for that use of the offending Image. arabianEye makes no representation or warranty with respect to the use of any names, trademarks or works of art depicted in any image or the accuracy of captions accompanying any images.
7. Payment: Full payment must be made to arabianEye within thirty (30) days of invoice date. Payment should be made by wire transfer. arabianEye will not bear banking fees should they be incurred during transfer. Any such banking fee will be added to the total payable amount due from the Client. A fee of 5% of the outstanding amount, compounded monthly, will be added to the total due for any late payment. Your right to use the Image is contingent upon payment in full, and any failure to pay will be considered a breach of this agreement.
8. Default: In the event of non-payment, unlicensed re-use of Image, or other breach of this Agreement by Client, Client shall pay all of arabianEye's costs and expenses incurred in connection with enforcement of the terms of this agreement, including arabianEye's legal fees.
9. Destruction of Image after use: Client agrees to destroy all digital photography files e-mailed from arabianEye within one week after reproduction. arabianEye photography may not be stored or archived by Client.
10. Infringement: In the event that it is discovered that Image has been used in an infringing manner (for the avoidance of doubt including, but not limited to, unlicensed re-use of an Image and use of Image in a way which breaches copyright), you will be notified and invoiced the industry-standard double-fee for unauthorized usage and/or prosecuted for Copyright Infringement in UK law where you will be subject to statutory damages as well as all court costs and solicitor's fees.
11. Copies of published material and grant of license for advertising: Client shall provide free of charge to arabianEye, two copies of relevant pages containing any published Image. Credit Lines: For all editorial rights managed photography, the photographer should be credited underneath their image: ©photographer's name/arabianEye.com.
12. No Partnership: It is understood and agreed that nothing in this Agreement creates a partnership or joint venture relationship between the parties hereto.
13. Indemnification: You hereby agree to indemnify, defend and hold arabianEye, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs, including reasonable legal fees and costs, incurred by the Indemnified Parties in connection with any claim arising out a breach of this Agreement or the foregoing representations, warranties and covenants or your use of the arabianEye website or any Image available from arabianEye. arabianEye reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of arabianEye.
14. This agreement shall be governed by the laws of England.

Royalty-Free End-User License Agreement
The following is a legal between you and arabianEye. Please read this agreement before purchasing or using any arabianEye royalty free image. By using an image or otherwise exercising the rights granted by this agreement, you agree to be bound by this agreement.
1. The images and website are copyrighted. All rights are owned by arabianEye and its suppliers. All rights not specifically granted to you by this agreement are reserved by arabianEye. Your right to use it conditioned upon your payment of the purchase price for the Image and your compliance with the terms of this End-User License Agreement.
2. By this Agreement, arabianEye grants to you a non-exclusive, non-transferable right to use and reproduce purchased Images in the following, and only the following ways:
(a) Print Uses: any printed, tangible materials including greeting cards, T-shirts, postcards, posters, phone cards, credit cards, templates, CD covers, cassette covers, board games, calendars, magazines, newspapers, resale products; advertising, editorials, catalogues, brochures, reports, disposable packaging, book covers, and educational text books;
(b) Other Than Print Uses: any electronic or digital materials including screensavers, electronic greeting cards, Web sites, broadcast video, multimedia including film and video, and CD-ROMs, provided that no Image is at a resolution greater than 480 by 640 pixels and each Image is incorporated into a design in such a fashion that it is clearly not intended to be downloaded or copied.
3. "Non-transferable," as used in Paragraph 2, means that the work you produce using an Image must be for your own use, or for the use of your direct employer, client, or customer, who must be the end-user of your work. You may not sell, rent, loan, give, sublicense, or otherwise transfer the Image to anyone, or the right to use the Image (except insofar as an Image has been incorporated by you into one of the permitted uses enumerated in Paragraph 2 of this Agreement), and nothing you produce shall grant or purport to grant to any third party a right to use or duplicate an Image. You agree to take all commercially reasonable steps to prevent third parties from duplicating or distributing the Images.
4. When a Royalty-Free image is purchased by a company, this license agreement authorizes up to ten (10) individuals to use the Image and exercise the rights described in this agreement. You may not place the Image on computer or other storage device that is accessible by more than one user at a time via a network connection or otherwise.
5. Pornographic, defamatory, or otherwise unlawful use of the Image is prohibited.
6. You agree to indemnify and hold arabianEye harmless against any damages or liability of any kind arising from any use of the Image other than the uses specifically permitted by this Agreement.
7. Neither arabianEye nor any of its directors, officers, employees, partners, licensors, or agents shall be liable for any indirect, consequential punitive, or incidental damages arising out of the use of, or the inability to use, the Image, even if arabianEye has been advised of the possibility of such damages. In no event shall arabianEye’s liability (whether in tort, contract, or otherwise) arising out of or relating to your use of the Image or inability to use the Image exceed the fees paid by you for the Image.
8. arabianEye warrants that for the period of 90 days, the Image will, when properly used, be capable of performing substantially in accordance with the associated documentation.
9. This agreement shall be governed by the laws of England. Venue for any action respecting this Agreement, an Image, or use or attempted use of the Image, shall be in the courts of England, and you hereby consent to the jurisdiction of such courts.