End User License Agreement

END USER LICENSE AGREEMENT

PLEASE READ the following Terms and Conditions prior to using any TML IMAGES image(s). This End User License Agreement ("EULA") is a legal agreement made on the day of purchase between you or your company, firm or other organization ("you") and TML IMAGES, a division of TML Business Services LLC ("TML IMAGES"). By using any TML IMAGES image(s) you consent to be bound by the terms of this EULA.

1. GRANT OF RIGHTS

TML IMAGES grants to you a non-exclusive, non-sublicenseable and non-assignable right to use and reproduce the Image(s) with an unlimited circulation/press run, an unlimited number of insertions, unlimited size or placement, worldwide and perpetually in any and all media solely subject to Prohibited Uses below and to the following ("Permitted Uses"):

  • Advertising and promotional materials
  • Broadcast and theatrical exhibitions
  • Online and electronic publications up to a maximum resolution of 72dpi
  • Personal and non-commercial use materials, and
  • Any other uses approved in writing by TML IMAGES

TML IMAGES grants Permitted Uses subject to the following ("Prohibited Uses"):

  • You may NOT sublicense, sell, assign, distribute, convey or transfer TML IMAGES image(s) or any of its rights under this EULA.
  • You may NOT feature the Image(s) in a manner that would allow any third party to download, extract or access the Image(s) as a standalone file, whether online or not, including, without limitation, template works, software, services or products that are intended for reproduction by third parties on electronic or printed products, and online formats which enable it to be downloaded or distributed via mobile phone devices.
  • You may NOT use or reproduce the image for wall décor prints or interior decoration of a corporate, retail, or public environment. Please contact TML IMAGES for separate license and pricing for these purposes.
  • You may NOT incorporate the Image(s) into a logo, trademark or service mark.
  • You may NOT remove any forms of identification information, copyright, trademark or watermark invisibly embedded in the electronic files as is in the original image(s).
  • If the Image(s) are used for editorial purposes, you must include the following credit adjacent to the image: (C) TML IMAGES/Image by Lincoln Bittner
  • You may NOT reverse engineer, decompile, translate, or disassemble any part of the Image(s).
  • You may NOT use the Image(s) in any way that could be considered defamatory, pornographic, libelous, immoral, obscene or fraudulent, illegal, or other nature which could reasonably bring the imageer, TML IMAGES, a person or property in the image to disrepute, whether by direct or in context or juxtaposition with other materials.
  • You may NOT use the Image(s) as part of any use involving sensitive subject matters, including, without limitation, sexual issues, sexual activity or sexual preferences, substance abuse, alcohol, tobacco, physical or mental ailments or abuse, or crime without advanced written consent from TML IMAGES. Sensitive subject use pertains to both commercial and editorial uses.
  • You must abide by any restriction on use notified to you by TML IMAGES before or at the time of delivery of the Image(s).
  • TML IMAGES does not warrant the accuracy of the captioning, keywording, releases or any other information associated with the Image(s). You should make sure that you examine the Image(s) for possible defects (whether digital or otherwise) before sending the Image(s) for reproduction.

2. COPYRIGHT

TML IMAGES reserves the right to (i) not permit use of any image(s) for any reason whatsoever; and (ii) notify you that certain image(s) are no longer available for use. Upon such notification, the license to use such image(s) shall automatically and immediately terminate. No copyright ownership or copyright in any image shall pass to you by the issuance of the license contained in this EULA. Except as expressly stated in this EULA, TML IMAGES grants you no right or license, express or implied, to the Image(s). All other rights not expressly granted to you are reserved solely for TML IMAGES.

3. WARRANTIES AND LIMITATIONS

TML IMAGES warrants that:

  • TML IMAGES has all necessary rights and authority to enter into and perform this EULA
  • The image(s) as provided hereunder, and used as permitted herein, will not infringe any copyright trademark, moral right, right of privacy or any other intellectual property right of any third party.

TML IMAGES MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE IMAGE(S), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TML IMAGES SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFIT OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE IMAGE(S), TML IMAGES'S BREACH OF THIS EULA OR OTHERWISE, EVEN IF TML IMAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. IN NO EVENT SHALL TML IMAGES'S MAXIMUM LIABILITY TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH YOU, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE IMAGE(S) (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE MONETARY AMOUNT ACTUALLY RECEIVED BY TML IMAGES FOR YOUR USE OF THE APPLICABLE IMAGE(S).

THE REPRESENTATIONS AND WARRANTIES MADE BY TML IMAGES IN THIS AGREEMENT APPLY ONLY TO THE IMAGE(S) AS DELIVERED BY TML IMAGES AND WILL BE INVALID IF YOU USE THE IMAGE(S) IN ANY MANNER NOT SPECIFICALLY GRANTED IN THIS AGREEMENT OR IF YOU ARE OTHERWISE IN BREACH OF THIS AGREEMENT.

You warrant that:

  • You are at least eighteen (18) years of age and have the full right and authority to enter into this EULA on behalf of you and/or your company, employer or principal
  • You do not reside in any country to which export of US products is prohibited or restricted and you may not ship, transfer or export any of the images into any country or use any of the images in any manner prohibited by any laws, restrictions or regulations
  • You will not use the Image(s) in any way that is not permitted by this EULA.
  • If you are acting as an agent, you must inform your client/principal of the terms of this EULA.

4. INDEMNIFICATION

You agree to indemnify and hold TML IMAGES and anyone associated with TML IMAGES, harmless against claims damages, losses, expenses or costs, including legal costs, arising in any manner whatsoever from your unauthorized use of any image supplied to you by TML IMAGES or any other breach by you of any of your obligations under this EULA. The foregoing states TML IMAGES'S entire indemnification obligation under this agreement and your sole and exclusive remedy for any alleged or actual breach of the representations and warranties set forth above.

5. TERMINATION AND REVOCATION

The rights granted in this EULA will terminate automatically without notice from TML IMAGES if you fail to comply with any provision of this EULA. Upon termination, you must immediately (i) stop using the Image(s); (ii) destroy or, upon the request of TML IMAGES, return the Image(s) to TML IMAGES; and (iii) delete or remove the Image(s) from your premises, computer systems and storage (both physical and electronic). In the event of termination, all rights granted will immediately revert to TML IMAGES.

TML IMAGES reserves the right to revoke the rights granted in this EULA to use the Image(s) for good cause. Upon notice of any revocation of rights granted for any particular image, you shall immediately cease using such image and shall where possible ensure that its clients and customers do likewise.

6. MISCELLANEOUS

No action of TML IMAGES, other than express written, signed waiver may be construed as a waiver of any part of this EULA, and no employee of TML IMAGES is authorized to make an oral waiver.

You may not assign or transfer to anyone else the rights granted to you in this EULA, without our prior written consent. TML IMAGES may assign and transfer this EULA freely.

This EULA will be governed in all respects by the laws of the State of Pennsylvania, U.S.A., without reference to its laws relating to conflicts of law. Any claims shall be brought solely in the Federal District Court of the State of Pennsylvania and you expressly consent to the exclusive jurisdiction of the federal courts of the State of Pennsylvania, U.S.A. You consent to the service of any required notice or process upon you by registered mail or overnight courier with proof of delivery.