Content License Agreement (Personal)

This Agreement governs the terms by which clients of Tracie Koziura obtain the right to use media content provided by Tracie Koziura.

This document contains important information regarding your rights and obligations. By purchasing a high resolution digital file of your 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 you
  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 personal content license (the "Personal License").

Personal 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 only use the Content for those advertising, promotional and other specified purposes which are Permitted Uses (as defined below). For clarity, you may not use the Content in products for resale, license or other distribution, unless the original Content has been fundamentally modified or transformed sufficiently that it constitutes an original work entitling the author or artist to copyright protection under applicable law, and where the primary value of such transformed or derivative work is not recognizable as the Content nor is the Content capable of being downloaded, extracted or accessed by a third party as a stand-alone file (satisfaction of these conditions will constitute the work as a "Permitted Derivative Work" for the purposes of this Agreement). For example, you cannot superficially modify the Content, print it on a t-shirt, mug, poster, template or other item, and sell it to others for consumption, reproduction or re-sale. These uses will not be permitted as or constitute Permitted Derivative Works. If there is any doubt that a work is a Permitted Derivative Work, please contact Tracie Koziura for guidance. Any use of the Content that is not a Permitted Use shall constitute infringement of copyright.

  1. advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (ie. not for resale or license)
  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 personal use or promotional purposes specified in (1) above, but not for resale, license or other distribution

Seat Restrictions

Only you are 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.

Personal 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 the Content in design template applications intended for resale, whether on-line or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates
  2. use the Content in any posters (printed on paper, canvas or any other media) or other items for resale, license or other distribution for profit
  3. use any of the Content as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo
  4. incorporate the Content in any product that results in a re-distribution or re-use of the Content (such as electronic greeting card web sites, web templates and the like) or is otherwise made available in a manner such that a person can extract or access or reproduce the Content as an electronic file
  5. 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
  6. remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Content
  7. sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Agreement
  8. post a copy of the Content on a network server or web server for use by other users
  9. 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.



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