This License Agreement (this "Agreement")
is made effective as of date:_______________ between Michael Ancher "
Serge Jacques, French Postcards " 25 Krakovska, CZ-110 00, Prague 1,
CZECH REP. and company____________________________ In the Agreement, the party
who is granting the right to use the licensed property will be referred to
as"MA", and the party who is receiving the right to use the licensed
property will be referred to as "PURCHASER". The parties agree as
follows :
GRANT OF LICENSE. MA owns and distributes the products. In accordance
with this Agreement, MA grants PURCHASER a non-exclusive website license to
distribute images without alteration of copyright on purchased products, MA
retains title and ownership of the products. PURCHASER agrees not to sell
the images in/on any media, and understands distributing of images is defined
as online user downloading from the PURCHASER website. PURCHASER agrees not
to post any part of the licensed product to any "Newsgroup" servers.
PURCHASER is permitted to scale and/or make thumbnail versions of the images.
If the contract is violated, this license is terminated without a refund of
the licensing fee upon written notice by MA (fax or email) .
ACCEPTABLE USE OF LICENSED CONTENT. Banner and promotional web-page
Design. PURCHASER may use up to 10 images from licensed material in banner
and promotional web-page design elements on non PURCHASER owned domains. Banners
on non PURCHASER owned domains must contain a link to a domain owned by the
PURCHASER. Up to twenty (20) images from a licensed collection may be used
in a thumbnail gallery post, as long as the licensed material remains hosted
on a PURCHASER owned domain. If the licensed material is to be hosted on a
non PURCHASER owned domain, then up to fifteen (15) images may be used providing
that a link to a PURCHASER owned domain is provided. All of the licensed material
may be used as "web content" on any or all domains owned by the
PURCHASER. PURCHASER may only distribute the product via the Internet with
the intent for end user usage only. All licensed material not used for banner
usage or promotional web-page design must be placed behind membership only
access systems.
MODIFICATIONS. PURCHASER may crop the image to size, change the file
format, or rename the file as long as the copyright is affixed back onto the
image.
TRANSFER OF RIGHTS. This Agreement shall be binding on any successors of the
parties. PURCHASER does not have the right to assign its interests in this
Agreement to any other party, unless the prior written consent is obtained
by MA and an administrative fee of $50 is paid. In the event of bankruptcy
by PURCHASER, this license becomes terminated.
ENTIRE AGREEMENT. This Agreement contains the entire agreement of the
parties and there are no other promises or conditions in any other agreement
whether oral or written. This Agreement supersedes any prior written or oral
agreements between the parties. This agreement requires that licensee return
one copy of the signature page to MA in order for this agreement to be binding.
AMENDMENT. This Agreement may be modified or amended by MA, and the
amendment will be sent in writing to you.
SEVERABILITY. If any provision of this Agreement shall be held to be
invalid or unenforceable for any reason, the remaining provisions shall continue
to be valid and enforceable. If a court finds that any provision of this Agreement
is invalid or unenforceable, but that by limiting such provision it would
become valid or enforceable, then such provision shall be deemed to be written,
construed, and enforced as so limited.
WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce
any provision of this Agreement shall not be construed as a waiver or limitation
of that party's right to subsequently enforce and compel strict compliance
with every provision of this Agreement.
APPLICABLE LAW. This Agreement shall be governed by the laws of the
Czech Republic. PURCHASER holds MA harmless for any legal issues relating
to the distribution of the material as it relates to the community standards
and adult entertainment laws as set forth in the city/county ,state or country
of licensee and their websites. LP does not warrant this material to be acceptable
in your community, and PURCHASER has assumed full responsibility for determining
what images are suitable for distribution. MA warrants the images are fully
copyrighted, and this license warrants these images free of intellectual property
violations only. These images are in compliance with the 18 U.S.C. 2257 US
Federal law. All models was over the age of 18 years old, when the photographs
was made.
Licensor/Michael Ancher _____________________________
Licensee/PURCHASER _____________________________