Content License Agreement ('Giving Back')

This Agreement governs the terms by which not-for-profit organsiations and charities obtain the right to use media content provided by Tracie Koziura.

This document contains important information regarding your rights and obligations. By accepting a high resolution digital file of a commissioned Rescue Pet Portrait by Tracie Koziura, you accept this Agreement and agree to be bound by its provisions.

In this Agreement:

  1. "you" means the not-for-profit organsiation/charity
  2. "we" means Tracie Koziura
  3. "Content" means any high resolution digital file supplied by Tracie Koziura together with any accompanying material.

This Agreement pertains to our not-for-profit content license (the "'Giving Back' License").

'Giving Back' 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 Tracie Koziura.

Permitted Uses

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

  1. advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, greeting cards and postcards for fundraising use
  2. on–line or electronic publications, including web pages to a maximum of 1200 x 800 pixels for image or illustration Content or to a maximum of 640x480 for video Content
  3. prints, posters (i.e. a hardcopy) and other reproductions for fundraising use or promotional purposes specified in (1) above

Seat Restrictions

Anyone within your organisation is permitted to use the Content, although you may transfer files containing Content or Permitted Derivative Works to a third party for the purpose of reproduction for Permitted Uses, provided that such parties shall have no further or additional rights to use the Content. If there is any doubt that a proposed use is a Permitted Use, you should contact Tracie Koziura for guidance.

Items for Resale

You shall be entitled with respect to this specific Content to produce the following items for resale, license, or other distribution:

postcards, greeting cards or other cards, stationery, stickers, and paper products, posters, calendars or other similar publications, mugs or mousepads, t-shirts, sweatshirts, or other apparel, games, toys, entertainment goods, framed or mounted artwork in or on which the Content is used or displayed (the "Resale Merchandise"), provided that:

  1. the right to produce the Resale Merchandise in no way grants any right to you or any recipient of the Resale Merchandise in any intellectual property or other rights to the Content
  2. you agree to indemnify Tracie Koziura from any cost, liability, damages or expense incurred by any of them relating to or in connection with any of the Resale Merchandise
  3. all other terms and conditions of the Agreement remain in full force and effect, including all Prohibited Uses.

Electronic Items for Resale or Other Distribution

You shall be entitled with respect to this specific Content to produce an unlimited number of the following items for resale, license or other distribution:

electronic templates for e-greeting or similar cards, electronic templates for web or applications development, PowerPoint or Keynote templates, screensavers, and email or brochure templates in or on which the Content is used or displayed (the "E-Resale Merchandise"), provided that:

  1. the right to produce the E-Resale Merchandise in no way grants any rights to you or any recipient of the E-Resale Merchandise in any intellectual property or other rights to the Content
  2. you agree to indemnify Tracie Koziura from any cost, liability, damages or expense incurred by any of them relating to or in connection with any of the E-Resale Merchandise
  3. all other terms and conditions of the Agreement remain in full force and effect, including all Prohibited Uses.

'Giving Back' License Prohibitions

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 any of the Content for personal profit or gain
  2. use any of the Content as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo
  3. use the Content in a fashion that is considered by Tracie Koziura (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
  4. remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Content
  5. sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Agreement
  6. use the Content for editorial purposes without including the following credit adjacent to the Content or in audio/visual production credits: "©Tracie Koziura"

Term of Agreement

This Agreement is effective until it is terminated. You can terminate this Agreement by destroying the Content and any Permitted Derivative Works, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Content for any purpose. The Agreement also terminates without notice from Tracie Koziura if at any time you fail to comply with any of its terms. Upon termination, you must immediately

  1. cease using the Content for any purpose;
  2. destroy or delete all copies and archives of the Content or accompanying materials;
  3. if requested, confirm to Tracie Koziura in writing that you have complied with these requirements.

Acknowledgement

You acknowledge that you have read this agreement, understand it, and had an opportunity to seek independent legal advice prior to agreeing to it. In consideration of Tracie Koziura agreeing to provide the content, you agree to be bound by the terms and conditions of this agreement. You further agree that it is the complete and exclusive statement of the agreement between you and Tracie Koziura, which supersedes any proposal or prior agreement, oral or written, and any other communication between you and Tracie Koziura relating to the subject of this agreement.



Close