Iconogenic.com Attribution-Non-Commercial-No Derivative Works License

http://iconogenic.com/Private-Use-License-EN.html

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Summary:

You are free:

to copy, distribute, display, and perform the work

under the following conditions :

• Attribution. You must give the original author credit.

• Non-Commercial. You may not use this work for commercial purposes.

• No Derivative Works. You may not alter, transform, or build upon this work.

For any reuse or distribution, you must make clear to others the licence terms of this work.Any of these conditions can be waived if you get permission from the copyright holder. Nothing in this license impairs or restricts the author's moral rights.

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Legal Code (the full license)

THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS ICONOGENIC LICENCE ("LICENCE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENCE OR COPYRIGHT LAW IS PROHIBITED. BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENCE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.

This Iconogenic Licence enables You (all capitalised terms defined below) to view, edit, modify, translate and distribute Works worldwide for Non-Commercial purposes under the terms of this Licence, provided that You credit the Original Author.

'The Licensor' (Iconogenic) and 'You' agree as follows:

1. Definitions

1. "Attribution" means acknowledging all the parties who have contributed to and have rights in the Work or Collective Work under this Licence.
2. "Collective Work" means the Work in its entirety in unmodified form along with a number of other separate and independent works, assembled into a collective whole.
3. "Proofs" means particular part of the Work, specifically referred to as "Proofs" by the Original Author and containing the un-retouched low-resolution versions of the images.
4. "Derivative Work" means any work created by the editing, modification, adaptation or translation of the Work in any media (however a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this Licence).
5. "Licence" means this Iconogenic.com Licence agreement.
6. "Non-Commercial" means "not primarily intended for or directed towards commercial advantage or private monetary compensation". The exchange of the Work for other copyrighted works by means of digital file-sharing or otherwise shall not be considered to be intended for or directed towards commercial advantage or private monetary compensation, provided there is no payment of any monetary compensation in connection with the exchange of copyrighted works.
7. "Original Author" means the individual (or entity) who created the Work: Katja de Bruijn-Govorushchenko.
8. "Work" means the work protected by copyright which is offered under the terms of this Licence.
9. 'The User' a person executing the rights and conditions given by the Author in this License.
10. For the purpose of this Licence, when not inconsistent with the context, words in the singular number include the plural number.

2. Licence Terms

2.1 The Licensor hereby grants to You a worldwide, royalty-free, non-exclusive, Licence for Non-Commercial use and for the duration of copyright in the Work.

You may:

• copy the Work;
• incorporate the Work into one or more Collective Works;
• copy the Work as incorporated in any Collective Work; and
• publish, distribute, archive, perform or otherwise disseminate the Work or the Work as incorporated in any Collective Work, to the public in any material form in any media whether now known or hereafter created.

HOWEVER,

You must not:

• impose any terms on the use to be made of the Work, the Work as incorporated in a Collective Work that alter or restrict the terms of this Licence or any rights granted under it or has the effect or intent of restricting the ability to exercise those rights;
• impose any digital rights management technology on the Work, the Work as incorporated in a Collective Work that alters or restricts the terms of this Licence or any rights granted under it or has the effect or intent of restricting the ability to exercise those rights;
• make any Derivative Works;
• sublicense the Work;
• subject the Work to any derogatory treatment as defined in the Copyright, Designs and Patents Act 1988.

FINALLY,

You must:

• make reference to this Licence (by Uniform Resource Identifier (URI), spoken word or as appropriate to the media used) on all copies of the Work and Collective Works published, distributed, performed or otherwise disseminated or made available to the public by You;
• recognise the Licensor's / Original Author's right of attribution in any Work and Collective Work that You publish, distribute, perform or otherwise disseminate to the public and ensure that You credit the Licensor / Original Author as appropriate to the media used; and
• to the extent reasonably practicable, keep intact all notices that refer to this Licence, in particular the URI, if any, that the Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work.

Additional Provisions for third parties making use of the Work

2.2. Further licence from the Licensor

Each time You publish, distribute, perform or otherwise disseminate

• the Work; or
• the Work as incorporated in a Collective Work

the Licensor agrees to offer to the relevant third party making use of the Work (in any of the alternatives set out above) a licence to use the Work on the same terms and conditions as granted to You hereunder.

2.3. This Licence does not affect any rights that the User may have under any applicable law, including fair use, fair dealing or any other legally recognised limitation or exception to copyright infringement.

2.4. All rights not expressly granted by the Licensor are hereby reserved, including but not limited to, the exclusive right to collect, whether individually or via a licensing body, such as a collecting society, royalties for any use of the Work for any reason which results in commercial advantage or private monetary compensation.

3. Restrictions

The License as provided in p. 3, is limited to the folowing restrictions:

1. The User can distribute or publish the Work under the conditions of this License, and the User is obliged to add this License to every piece of the Work which the User is distributing off- or online. The User is not allowed to offer the Work under any deviations from his License, when the conditions of this License can possibly be limited for the third party users.
2. Internet restrictions. If any of these images are to be published on the Internet, it is only possible under the following conditions: 1) every image will have a transparent watermark placed by the Author,  2) the size should be less than 600 pixels on the longest side. The Author defines where the watermark will be placed. Normally it is in the middle of the photograph. If the User wants to publish a photo on websites of third parties in connection with the User's professional self-promotional activities, it is possible to ask the Author to move the watermark to the edge of the photograph, exclusively with the condition that the third party users cannot crop the photo or alter it any other manner. This Agreement specifically does allow the User to publish images on User's personal website, websites of model agencies who represent the User, and on line talent directories, like Dutchheaven.nl, Musecube.nl etc. All other usage is prohibited until specific written permission is granted by Iconogenic. The images cannot be published on any commercial websites, including but not limited to: contests, pageants, on-line magazines etc. The User cannot alter the images, including but not limited to: retouching, putting text or other elements on images, making composites of images, changing colors etc.
3. Hight Resolution restrictions. All digital images bigger than 600 pixels on longest side cannot be published on the Internet. The Work delivered by the Autor in form of high resolution digital images, can be only used for printing, and those prints cannot be further re-scanned or reproduced in any other manner. These prints can only be used as a) personal art-work in the home of the User, b) as professional presentation material for talents agencies, who are never allowed to scan these prints and further re-use the scans on any media, including Internet.
4. Restrictions for the Proofs. The User cannot make any part of the Proofs public, and the User understands that Proofs are only meant by Iconogenic to make it possible for the User to make a choice of images from the photoshoot. The Proofs can never be distributed of copied, unlike other parts of the Work.

4. Warranties and Disclaimer

Except as required by law, the Work is licensed by the Licensor on an "as is" and "as available" basis and without any warranty of any kind, either express or implied.

5. Limit of Liability

Subject to any liability which may not be excluded or limited by law the Licensor shall not be liable and hereby expressly excludes all liability for loss or damage howsoever and whenever caused to You.

6. Termination

The rights granted to You under this Licence shall terminate automatically upon any breach by You of the terms of this Licence. Individuals or entities who have received Collective Works from You under this Licence, however, will not have their Licences terminated provided such individuals or entities remain in full compliance with those Licences.

7. General

7.1. The validity or enforceability of the remaining terms of this agreement is not affected by the holding of any provision of it to be invalid or unenforceable.

7.2. This Licence constitutes the entire Licence Agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. The Licensor shall not be bound by any additional provisions that may appear in any communication in any form.

7.3. A person who is not a party to this Licence shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

7.4. This Licence shall be governed by the law of The Netherlands.

DATE ___________________________________________________

Signature Iconogenic_____________________________________

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DATUM ____________________________________________________

USER NAME________________________________________________

This is to acknowledge that I have received the photographs (as part) of or my reward for the photo shoot with Katja de Bruijn – Govorushchenko (Iconogenic), in form of CD, DVD, e-mail or FTP Internet transfer.

This is to acknowledge that I have received the clearly expressed conditions of this License from Iconogenic, that I do understand and agree to all of the conditions.

I am 18 years old or older, and I do understand that if I fail to execute this agreement, I will carry all possible charges in connection with mis-usage of the images arising from my attempt to publish the images.

USER SIGNATURE___________________________________________