Rights-Managed License
Overview
The Rights-Managed License is one of the two types of digital licenses under which we sell our stock photos. The other type is called a Royalty-Free License. If you're not sure of which type of digital license is right for you, read about making the correct digital license choice
Rights-Managed License products are high-quality images with their license fee determined by your specific use. Their license fee is determined first on Usage: Web/Video Display, Print/Promo, Editorial or Advertizing - then on image size. You can see the various license choices and their prices by clicking on an button under any Gallery image and choosing the Rights-Managed License product type.
Purchasing this type of license is similar to "renting" the photo. To keep things simple, the term for all usages is one year except for Editorial which is three years. If you want the photo for a different use, or if the term expires, you'll need to acquire an additional license.
You may not use the photo in any way other than what is explicitly stated on the specific license for this photo (included as part of the invoice receipt) without paying an additional fee. Please carefully read the Rights-Managed License Usage Agreement below or view the printable Rights-Managed License Agreement PDF.
Rights-Managed photos can be delivered in compressed JPEG format as an Email Attachment,or in full resolution TIFF format via Online Download or on CD by Regular 1st Class mail or Express 2nd Day Mail.
In the event you have need for license options not covered in the Price list, please contact us.
Rights-Managed License Usage Agreement
General Terms & Conditions
This License Agreement governs your use of a Panorama Source Rights Managed Image (heretofore called "the Image"). Panorama Source grants you the use of the Image according to the usage specified on the invoice, only as provided below on a exclusive and non-transferable basis. All other rights to the Image are retained by Panorama Source.
Rights Managed licenses are guaranteed by Panorama Source to be exclusive for the use of the Image specified and documented on the invoice.
No rights can be obtained by adapting, modifying, manipulating, or in any other way combining the Image with other images, text, graphics, or any other material, unless those rights have been specifically granted and denoted on the invoice. No Image procured under a single license agreement can be reproduced, reused, or used beyond the license duration term without purchasing an additional license for the new purpose or term. If you are unsure of your rights under this agreement, please contact Panorama Source by e-mail. No license is granted until all payments are received in full. This contract contains all the terms and conditions of the agreement between you and Panorama Source. No terms or conditions may be added or deleted unless made in writing and agreed upon by both parties. We request that any editorial use of an Image must include a credit line accompanying the Image which reads "© Jon R. Holmquist - Panorama Source".
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Index
Non-Transferable
This license is not transferable or assignable to any other party. Any work you produce incorporating the Image must be for your own use or for that of your direct client, employer or customer, who must be the end user of that work. You may not rent, sell, give, loan, sublicense or in any other way transfer to anyone else the Image or any rights associated with it. You agree to take all reasonable steps to prevent third parties from duplicating, reproducing or redistributing the Image.
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Restrictions
No Image can be used beyond the terms of the license agreement without first obtaining another license or other agreement. No Image can be used in a manner that can be construed as defamatory, fraudulent, obscene, pornographic, directly or in context or juxtaposition with other subject matter. This includes association with controversial subjects including, but not limited to illegal activities. Under questionable circumstances a "sensitive issue release" may be obtained beforehand and as part of the license agreement. These cases may require a written disclaimer associated with the use. No Image may be used in a way that violates a person's right of privacy or publicity, disparages their character, or that infringes on any trade name, or trademark. No Image may be used in a way that implies endorsement of a product or service without prior arrangements. No Image may be rented, leased, or sublicensed to another party. No Image can be converted to a derivative use unless specified on the license agreement. No Image may be shipped, transferred or exported into another country or used in any manner prohibited by any export law, restriction or regulation. User assumes full liability for its employees, agents, contractual staff for the misuse of any Image.
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Releases
No image on this website comes with a model, trademark, logo, or other intellectual property releases associated with it. They are considered "public domain" images. It is your responsibility to determine if your use might require the need for such a release, and by accepting this license you specifically indemnify Panorama Source of any legal action that may result from your use of any image.
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Indemnity
You agree to indemnify and hold Panorama Source harmless from any and all claims, damages, liabilities, costs and expenses including reasonable legal fees, arising from the use of the Image or any breach of this agreement.
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No Warranty
Digital files are provided "as is". Panorama Source makes no warranties or conditions, expressed, implied, statutory, included but not limited to any implied warranties of merchantability, fitness for any particular purpose, quality of image or compatibility with any computer hardware or other equipment, operating system or software.
Panorama Source gives no rights or makes any warranties with respect to the use of names, trademarks, logos, registered or copyrighted designs or works of art depicted in any Image. You must satisfy yourself that all necessary rights, consents or permissions as may be required for reproduction are secured. Panorama Source has identified and represented the title and description of each Image to the best of its ability, but cannot be held responsible for inaccurate or erroneous captioning information.
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Limitation of Liability
Under no circumstances will Panorama Source be liable for any direct, indirect, incidental, consequential, or punitive damages as a result of the use of, or inability to use, this web site or from access or use of, or the inability to use, the images on this web site. The limit of liability of Panorama Source shall be the fee paid to Panorama Source for the use of the Image. Panorama Source makes to warranties or representation as to the accuracy of the content on this web site, or that the use of this web site will be uninterrupted or error free. The use of this web site is at your own risk.
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Unauthorized Use
Usage of any image without Panorama Source's consent and payment of license is unauthorized. In the event you use the Image in a way other than those covered by the license and indicated on the invoice, Panorama Source may forego its right to sue for copyright infringement if you agree to pay as liquidated damages, a retroactive license equal to five (5) times the regular license fee which would have been charged for such a use within ten (10) business days of receipt of invoice. If you fail to make payment within that time period, Panorama Source will consider this liquidated damage provision void and we shall have the right to sue for copyright infringement and/or breach of contract, for which we'll seek all damages and remedies available including all legal fees and costs.
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License Expiration
You may retain digital files for the duration of the license term. Unless this term is extended by the purchase of an additional license or other arrangement, you must delete all copies of the Image from all media, including but not limited to: electronic, removable, archivable, etc.
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Cancellation Policy
You may cancel any license up until the licensed product is shipped or downloaded. Sales are considered final and there are no cancellations once licensed product is shipped or download. A cancellation fee up to 25% for Licensed digital products may be accessed depending on the production stage of the order.
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Default
In the case you breach this agreement, you will be required to pay all of Panorama Source's costs and expenses incurred in the connection with its enforcement, including reasonable attorney's fees, costs and disbursements.
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Documentation
We request that you provide Panorama Source with three copies, at no cost, of all printed pieces containing a licensed Image and provide the URL for all web published works that do.
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Legal
This license agreement is governed and interpreted by the laws of the United States. Any claims or disputes, with the exception of copyright claims, shall be settled by arbitration and judgement in the Eugene, Oregon. Copyright claims shall be brought in the Federal Court having jurisidiction. If Panorama Source is obligated to pursue court action instead of arbitration, to enforce any rights or to collect fees, you agree to reimburse all legal fees, costs, and disbursements if Panorama Source is successful.
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