1/ WARNINGS The use of the images offered by RAPSODIA PRODUCTIONS is subject to full and complete acceptance of the present Licence agreement, as well as our General Terms of Sale and special conditions stated on the Invoice. 2/ LICENCE - EXTENT - LIMITATION « Model use » Licence : The Beneficiary acquires non-exclusive, non-transferable rights of use limited in time to 30 days as from the date of delivery, of the images, as follows:
« Royalty-Free » Licence : The Beneficiary acquires a non-exclusive right, not liable to sub-transfer and non-transferable for reproduction of the image mentioned in the Invoice, and this, for an unlimited number of times on all types of media, worldwide and for a total duration of ten years, for the following authorised uses:
RAPSODIA PRODUCTIONS reserves the right at any time to suspend commercialisation of rights for any image where the situation justifies it, and to choose to replace the image removed by another one. On simple request from RAPSODIA PRODUCTIONS, the Beneficiary must immediately cease any use of the image concerned without compensation or recourse and proceed to wipe out all copies or archives as well as those made available to third parties. « Rights Managed » Licence : Unless otherwise specified in the Invoice, RAPSODIA PRODUCTIONS grants to the Beneficiary a non-exclusive, not liable to sub-transfer and non-transferable right of use of use and reproduction of the images, as mentioned in the Invoice. The use of the images by the Beneficiary’s subcontractors is authorised by RAPSODIA PRODUCTION, under his full responsibility, provided that they respect the terms of the Licence and the Invoice. The use of images is strictly limited to the indications of use, media, duration, size and resolution, territory, market, branch of industry and every other restriction specified on the Invoice. The Beneficiary of the Licence will not be able to take benefit of any extension of use for the images mentioned in the Invoice, except prior agreement with RAPSODIA PRODUCTIONS and only after payment of additional rights calculated by RAPSODIA PRODUCTIONS. The Beneficiary is authorized to make a backup copy of the images and to transmit a copy, under his whole responsibility, to the thirds implied in the use of the images in accordance with this contract, with our General Conditions of Sale and with the Invoice. The provision of these images in a network configuration or file sharing is not authorized. 3/ EXCLUSIONS OF USE
4/ RESPECT OF THE PROPERTY RIGHTS The Beneficiary must preserve the copyright and the reference of the image associated with the image’s electronic file. Names of the RAPSODIA agency and of the photographer are obligatory legal mentions and must appear opposite each reproduction. The use of the images for another use that the one expressly detailed on the Invoice and on this Licence agreement, the absence of signature as well as the non-payment of the royalties mentioned in the Invoice, constitute a violation of the property rights of the author, and/or thirds represented, and/or RAPSODIA PRODUCTIONS, and engage the responsibility of the Beneficiary of the Licence and its intermediaries. No transfer of ownership of the images is granted on issue of this Licence agreement and the authors or their rightful owners remain owners of the inheritance and moral rights, and original media of the images. 5/ WARRANTY AND LIMITATION OF RESPONSIBILITY The RAPSODIA PRODUCTIONS Company guarantees: That it enjoys the rights enabling it to sign the present Licence agreement and that the images marketed are free of any material and manufacturing defect, for 30 days following delivery. This guarantee is expressly limited to the refund of the purchase price of the defective medium or its replacement, to the exclusion of any other guarantee. No other express or implicit guarantee, of whatever nature, whether direct or indirect, is granted on issue of this licence, in particular, but without this being a limitation, any guarantee relating to the results and performances of the image. The Beneficiary is alone responsible towards himself or with regard to third parties, for any damage of whatever nature, whether direct or indirect, resulting from this contract or its application, and in particular from the use of the images and/or Cd-Roms covered by this Licence. RAPSODIA PRODUCTIONS in no way guarantees the exactness of the information contained in the captions possibly communicated with the images. RAPSODIA PRODUCTIONS does not grant the Beneficiary any right or guarantee as to the use of names, persons, goods, trademarks, commercial names, designs either registered or not registered, or covered by copyright, or works of art or architecture eventually presents in the images. When the images do not benefit from an authorisation to use (notably photographs of crowds, life scenes in situation of report, works of art, architecture, private goods and properties), any decision relating to the need to obtain authorisation for any project to use such images shall be the sole responsibility of the Beneficiary. The Beneficiary alone shall be responsible for the settlement of any additional expenses required to obtain an authorisation. 6/ ELECTRONIC STORAGE OF THE IMAGES At the end or cancellation of the Licence, the Beneficiary must immediately proceed to wipe out all copies or archives as well as those made available to third parties 7/ CANCELLATION The Licence will be automatically cancelled without notice by RAPSODIA PRODUCTIONS if the Beneficiary fails to respect any provision of this contract. The Beneficiary shall immediately cease any use of the images concerned and proceed to wipe out all copies or archives as well as those made available to third parties. |