Exclusive and Non-exclusive Photo Licensing Agreement Terms and Conditions:
Persons receiving high-resolution Exclusive or Non-exclusive images in exchange for a fee are required to accept the following terms and conditions of the Licensing Agreement. Petr Vodnak Photography reserves all rights not expressly granted to Licensee in this Agreement. This is a legal agreement ("Agreement") between you, the party licensing images through this Agreement ("Licensee") and Petr Vodnak ("Licensor"). Licensee's use of any Licensed Images or part thereof constitutes your acceptance of the terms of this Agreement. This agreement only applies to Exclusive and Non-exclusive image licensing.
 
BY CLICKING THE BOX NEXT TO 'I HAVE READ AND AGREE TO THE TERMS OF THE LICENSE AGREEMENT' AND CLICKING THE 'SUBMIT' BUTTON, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND THE LICENSED IMAGES USAGE SPECIFICATIONS SET FORTH HEREIN. THIS AGREEMENT APPLIES TO LICENSES ISSUES VIA PETR VODNAK PHOTOGRAPHY AND IS APPLICABLE TO ONLINE, DIGITAL, AND PHYSICAL DELIVERY OF LICENSED IMAGES.
 
a) Covered Materials
  • For the purpose of this Agreement, "Licensed Images" shall mean any media, visual representation, photo, illustration, or other product protected by copyright, patent, trademark, or other intellectual property rights, which is delivered in any format to the Licensee by the Licensor under the terms of this Agreement.
b) Digital Images
  • No rights are released when images are accepted for preview. Licensed high-resolution images may not be copied or stored on other disks or distributed to other computers.
    Upon completion of project, all images must be destroyed. Images may not be posted online in a downloadable format. Licensed images may not be incorporated into a logo, trademark, or service mark or use on any item where the image itself becomes the primary aspect of an item for resale (for instance, if the image is used on a cup to sell that coffee cup etc.)
c) Second and Third Parties
  • Digital images may not be sold, re-licensed, rented, traded, e-mailed, or given away free to a second party. Transfer or sale of image rights is strictly prohibited. Photos appearing on materials created by the Licensee do not grant a third party the right for image reproduction, publication, financial gain or self-promotion without a written agreement with the Licensor.
d) Release of Rights
  • Release of rights occurs upon acceptance of this Agreement and payment of licensing fees. Rights are specific to each image and are released for the specified duration only.
e) Image Modification
  • Images may not be modified in such a way as to render the image substantially unrecognizable from the original image. Images may be cropped and resized as necessary. However, any changes other than cropping or resizing will require prior approval by the Licensor.
g) Copyright
  • The Licensor owns and retains all rights to the images licensed under the Exclusive and Non-exclusive agreements. As such, these images may not be used for any other purpose other than those specifically stated in the purchase agreement. Unauthorized use, reproduction, transmission, distribution, or archiving of any image or version thereof, is a violation of Copyright Laws and constitutes copyright infringement.
h) Image Delivery
  • High-resolution images are delivered either in digital format or on hard copy based on the Licensee's request. Images will be mailed, uploaded, or made available to download upon successful receipt of payment and acceptance of the Photo Licensing Agreement by the licensee.
j) Termination and Revocation
  • The license contained in this Agreement will terminate without notice from the Licensor. If the Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must immediately: i) stop using Licensed images, ii) destroy digital files and return hard copy files to the Licensor, iii) destroy any and all copies of Licensed images on Licensee's premises, computer systems, and storage (physical and electronic.) The Licensor reserves the right to revoke the license to used the licensed images for good cause. Upon notice of revocation of a license, the licensee shall immediately cease using such Licensed Images and shall ensure that its clients and customers do likewise.
k) Severability
  • If one or more provisions contained in this Agreement is found to be illegal, invalid, or unenforceable in any respect, the validity, legality, and enforceability of the  remaining provisions shall not be affected.
l) Governing Law and Arbitration
  • This Agreement is governed in all respects by the Province of British Columbia, Canada, without reference to its laws relating to conflicts of law. Any disputes arising from this Agreement shall be settled by binding arbitration to be held in Vancouver, British Columbia, Canada. The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement. 
m) Waiver
  • No action of the Licensor, other than an express written waiver, ma be construed as a waiver of any provision of this Agreement. 
n) Right to Information
  • The Licensor reserves the right to, at any time, inspect any records, accounts and book relating to the use of reproduction of any Licensed images to ensure that such Licensed images are being used in accordance with this Agreement.
p) Contract
  • This Agreement expresses the complete understanding of the parties and may not be amended except in writing signed by both parties.