Commercial License

Standard Commercial Photography License Agreement

Introduction

This is a legal agreement between you (Client) and Bradley Hunter Caricofe (BHC). This agreement applies when the Client purchases or licenses any photography services or related deliverable images (Licensed Content) from BHC. By purchasing, downloading or using Licensed Content provided by BHC, the Client agrees to the terms described within this license contract.

License Types

This Standard Commercial Photography License Agreement (Standard Commercial License) allows the client to use Licensed Content in accordance with predetermined guidelines, as outlined in the Licensed Content Usage section below.

Dependent upon intended usage of Licensed Content, or additional project expenses, in some cases BHC may require adherence to an Extended Commercial Photography License Agreement (Extended Commercial License).

Licensed Content Usage

This Standard License allows the Client to use royalty-free Licensed Content without expiration, in any geographic region, for an unlimited number of times. The Client may use Licensed Content for personal or commercial reasons, in any medium or format, except as outlined in the Restricted Usage section of this agreement.

The Client understands that Licensed Content is provided for their exclusive use for a period of one year from the date of agreement ratification, after which it may be used by other licensed parties at the sole discretion of BHC. Agreement ratification is defined as the date that the Client authorizes photography services in writing, including by email.

The Client’s employees or subcontractors may access and use Licensed Content at the direction of the Client, and only in relation to the Client’s own projects.

Restricted Usage

The Client understands and agrees to the following restrictions on the use of Licensed Content:

• Unlawful Use – The Client will not use Licensed Content in any defamatory manner, or in violation of any applicable laws.
• File Storage – The Client will store only 2 copies of any Licensed Content file, and will not store such copies in any manner that allows for downloading or redistributing the file in its original format.
• Pornographic Use – The Client will not use Licensed Content in relation to any pornographic subject matter.
• Sensitive Use Disclaimer – If the Client uses Licensed Content in connection with subject matter that could be interpreted as controversial in nature, the Client agrees to indicate that the Licensed Content is for example purposes.
• False Representation – The Client will not falsely represent that they are the original creator of the Licensed Content. Use of licensed images without attribution is not considered False Representation.
• On-Demand Products – The Client will not use Licensed Content for the creation or production of on-demand or made-to-order products, such as, but not limited to, postcards, mugs, t-shirts, calendars or computer desktop wallpapers.
• Template Usage – The Client will not use Licensed Content for the creation of digital templates intended for resale or other distribution.
• Logo Usage – The Client will not use Licensed Content as part of a trademark, service mark, business name or logo.

Intellectual Property Rights

The Client understands that BHC retains all ownership and copyrights to Licensed Content. Any rights not expressly granted in this agreement are reserved by BHC. The Client is granted limited use of the Bradley Hunter Caricofe or BHC names and logos for the purpose of attribution.

License Termination

BHC may terminate this agreement at any time if the Client breaches the terms of this or any other agreement with BHC. When this agreement is terminated, the Client agrees to cease using Licensed Content specified by BHC, and destroy any stored copies of such data.

Representations and Warranties

BHC does not guarantee the accuracy of Licensed Content categories, descriptions, keywords, captions or titles. The Client agrees that all Licensed Content is provided “as is” without representation, warranty or condition of any kind.

Indemnification

The Client agrees to indemnify and hold harmless BHC from any and all liabilities, damages and expenses stemming from the use of Licensed Content.

General Provisions

The Client understands and agrees to the following general provisions of this contract:

• Assignment – The Client is bound by this agreement and may not assign it to other individuals or businesses without the express written consent of BHC. BHC reserves the right to assign this agreement to any successor, without notice or consent.
• Licensed Content Audit – The Client agrees to provide BHC with samples, photographs or illustrations of Licensed Content in use. BHC may audit the Client’s usage of licensed content to ensure compliance with this agreement. If the Client is found to be using Licensed Content in a manner outside of accordance with this agreement, the Client agrees to reimburse BHC for the cost of the audit.
• Governing Law – This agreement will be governed by the laws of the state of Virginia, in the United States of America. The Client agrees to resolve any initial legal disputes in Prince William County, Virginia courts.
• Severability – If any of the provisions of this agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions will not be affected.
• Entirety – No terms or conditions outlined in this agreement may be modified by either party without the express consent of both parties, in writing.
• Notice – Any notices for BHC pertaining to this agreement or Licensed Content should be sent via email to license@caricofe.net. BHC will send any such notices to the Client’s email account used when scheduling photography services or purchasing or registering Licensed Content.

Questions or comments about this license agreement may be emailed to info@caricofe.com.