Licences

COMMERCIAL LICENSE AGREEMENT Standard Commercial License Terms We hereby grant to you a perpetual, non-exclusive, non-transferable worldwide license to use the Content for the Permitted Uses (as defined below). Unless the activity or use is a Permitted Use, you cannot do it. All other rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by Custard Duck Photography Permitted Standard Commercial License Uses

(a) You may only use the Content for those advertising, promotional and other specified purposes which are Permitted Uses (as defined below).

(b) Seat Restrictions. Only you are permitted to use the Content, although you may transfer files containing Content or Permitted Derivative Works to your clients, printers, or ISP for the purpose of reproduction for Permitted Uses, provided that such parties shall have no further or additional rights to use the Content and cannot access or extract it from any file you provide.

(c) Permitted Uses. Subject to the restrictions described under Prohibited Uses below, the following are “Permitted Uses” of Content:

1. Advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (i.e. not for resale or license);

2. Entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations;

3. On–line or electronic publications, including web pages to a maximum of 800 x 600 pixels for image or illustration Content or to a maximum of 640×480 for video Content;

4. Prints, posters (i.e. a hardcopy) and other reproductions for personal use or promotional purposes specified in (1) above, but not for resale, license or other distribution; and

5. Any other uses approved in writing by Custard Duck Photography. If there is any doubt that a proposed use is a Permitted Use, you should contact info@custardduckphotographyfor clarification. Standard License Prohibitions (a) Prohibited Uses. You may not do anything with the Content that is not expressly permitted in the preceding section.

For greater certainty, the following are “Prohibited Uses” and you may not:

1. Use the Content in design template applications intended for resale, whether on-line or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates;

2. Use or display the Content on websites or other venues designed to induce or involving the sale, license or other distribution of “on demand” products, including postcards, mugs, t-shirts, posters and other items (this includes custom designed websites, as well as sites such as www.cafepress.com);

3. use the Content in any posters (printed on paper, canvas or any other media) or other items for resale, license or other distribution for profit;

4. Use any of the Content as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;

5. Incorporate the Content in any product that results in a re-distribution or re-use of the Content (such as electronic greeting card web sites, web templates and the like) or is otherwise made available in a manner such that a person can extract or access or reproduce the Content as an electronic file;

6. Use the Content in a fashion that is considered by Custard Duck Photography (acting reasonably) as or under applicable law is considered pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Content into disrepute;

7. Use or display any Content that features a model or person in a manner

(a) that would lead a reasonable person to think that such person uses or personally endorses any business, product, service, cause, association or other endeavor; or

(b) except where accompanied by a statement that indicates that the Content is being used for illustrative purposes only and any person depicted in the Content is a model, that depicts such person in a potentially sensitive subject matter, including, but not limited to mental and physical health issues, social issues, sexual or implied sexual activity or preferences, substance abuse, crime, physical or mental abuse or ailments, or any other subject matter that would be reasonably likely to be offensive or unflattering to any person reflected in the Content, unless the Content itself clearly and undisputedly reflects the model or person in such potentially sensitive subject matter in which case the Content may be used or displayed in a manner that portrays the model or person in the same context and to the same degree depicted in the Content itself;

8. To the extent that source code is contained within the Content, reverse engineer, de-compile, or disassemble any part of such source code;

9. Remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Content;

10. Sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Agreement;

11. Install and use the Content in more than one location at a time or post a copy of the Content on a network server or web server for use by other users;

12. Use or display the Content in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement; or

13. Use the Content for editorial purposes without including the following credit adjacent to the Content: “© www.custardduck.co.uk