Image Licensing

Do you need to license some of my artwork for digital or printed use? I offer a simple licensing model with no fees other than the license cost when ordering. The image is licensed for life without hidden costs. Read the license agreement below carefully before agreeing. Use the request form under the current image to check the possibility of licensing the image.

Royalty-Free License Agreement

This is a legal agreement (“Agreement”) between “You” and erikbrede.com. You are purchasing the right to use the Licensed Image identified in the order form for the purposes defined in this Agreement. This is a binding agreement.

The terms of the Agreement may not be altered by you in any way. If You do not agree with all of the terms of this Agreement, the only recourse available to You is to not proceed with the purchasing transaction and payment of the License Fee. By proceeding with the transaction and paying the License Fee, You consent to the terms of this Agreement and affirmatively represent that you are of legal age and capacity to enter into a binding and enforceable contract. This offer is void where prohibited. erikbrede.com reserves the right to amend the terms of this Agreement at any time without advance notice to you.

1. Definitions
(A) “Licensed Image” means the image which is licensed to You under the terms of this Agreement. The Licensed Image is specifically identified in the contract.

(B) “License Fee” means the fee which is paid by You to enter into this Agreement. The License Fee is listed in Section #2, below.

(C) “Licensed Work” refers to any product or service that You create using independent skill and effort and that incorporates a Reproduction of the Licensed Image as well as other material.

(D) “Reproduction” and “Reproduce” refer to any form of copying or publication of the Licensed Image via any medium and by whatever means, in whole or in part, and the creation of any derivative work from, or that incorporates the Licensed Image.

2. Licensed Image and price
My royalty-free license allows you, the buyer, to use your images for promotional and editorial purposes (e.g. websites, blogs, brochures, mailers, business cards, etc.).

With this license, the licensee is allowed to reproduce the image in any media for all purposes other than the prohibited uses specified, below.   This is a perpetual license that never expires.

Price Structure and image size
400 x 500px – Xtra Small Size for use on web site – €175.00
800 x 1000px – Small Size for use on web site – €225.00
1600 x 2000px – Medium Size for use on web site or online presentation – €450.00
2000 x 2500px – Large Size for use on web site, presentation or small flyers – €800.00
Full Resolution – Full resolution Size for use for printed material like brochures and flyers or presentations, or as a downscaled version on the web – €1700.00

3. License Grant
Upon paying the License Fee specified in Section #2 You are granted a non-exclusive, perpetual, non-transferable, non-sublicensable, worldwide right to use and reproduce the Licensed Image in any media for all purposes other than the prohibited uses specified in Section #4, below.

4. Prohibited Uses
(A) You may NOT make the Licensed Image available in a manner that is likely to allow or invite a third party to download, extract, redistribute, or access the Licensed Image as a standalone file. If the Licensed Image will be displayed on a website, You must post terms and conditions on the website that prohibit downloading, republication, retransmission, reproduction, and all other uses of the Licensed Image as a standalone file. The Full Resolution File is not allowed to be published online. The full resolution image has to be downscaled to use on the web.

(B) You may NOT upload, use, or display the Licensed Image on any medium which is designed to induce or involves the sale, license, or other distribution of “On Demand Products”. On-Demand Products are products in which the
Licensed Image is selected by a third party for customization on products that are produced on a made-to-order basis, including, without limitation, greeting cards, mousepads, t-shirts, calendars, posters, canvas prints, screensavers, wallpapers, and similar products.

(C) You may NOT falsely represent, expressly or implied, that You are the original creator of the Licensed Image or of a work that is based substantially on the Licensed Image.

(D) You may NOT use the Licensed Image to produce fine art prints or posters.

(E) You may NOT incorporate the Licensed Image into a logo, corporate ID, trademark, or service mark.

(F) If the Licensed Image contains the likeness of an individual or individuals who may be identified, You may NOT manipulate the image in a manner that would portray the individuals in an unflattering manner.

(G) You may NOT use the Licensed Image in a pornographic, defamatory, or otherwise unlawful manner.

5. Use on Social Media and Third-Party Websites
If You include the Licensed Image on any social media platform or third-party website that uses the Licensed Image contrary to the terms of this Agreement, with or without Your express or implied consent, then Your rights under this Agreement shall automatically be revoked and You shall remove the Licensed Image from such platform or websites at erikbrede.com’s request.

6. Other Provisions
(A) You may have the Licensed Image reproduced by Your agents provided that such agents agree to abide by the provisions of this Agreement.

(B) You agree to be liable for any failure to comply with the terms of this Agreement and/or any failure by your agent(s) to comply with the terms of this Agreement.

(C) If You post the Licensed Image onto a website, You are responsible for ensuring that the Licensed Image is not downloaded by third parties or otherwise exploited by the website host. You must post terms and conditions on the website that prohibit downloading, republication, retransmission, reproduction, and all other uses of the Licensed Image as a standalone file.

(D) If You are purchasing rights to the Licensed Image for use by a third party, You represent that You are authorized to act on behalf of the third party and to bind the third party to the terms of this Agreement. You may also be held independently liable if You violate the terms of this Agreement.

(E) Your rights under this Agreement do not include the right to use or reproduce the titles, tags, descriptions, or metadata that are associated with the Licensed Image on erikbrede.com.

(F) If you use the Licensed Image in an editorial context, You must include the following credit line adjacent to the Licensed Image: Erik Brede / erikbrede.com. If You omit the credit, erikbrede.com may impose a fee of up to one hundred per cent (100%) of the License Fee which will be payable by You. The fee shall be in addition to any other rights or remedies that erikbrede.com may have under law.

(G) You acknowledge that erikbrede.com and all of my logos, trademarks, and service marks are the sole property of erikbrede.com (my “Marks”). You may only use the erikbrede.com name for editorial crediting as defined in Section #6 (F), above. You acknowledge that you will never contest the validity of any erikbrede.com Marks.

7. Ownership of Rights
This Agreement grants you a limited right to use the Licensed Image with specified limitations. You do not own any rights in copyright to the Licensed Image or have any other rights that are not expressly granted to You under this
Agreement.

8. Notice of Violations
You agree to immediately notify erikbrede.com if you know or should know that any third party has accessed the Licensed Image in a manner that violates the terms of this Agreement.

9. Warranty and Limitation of Liability
erikbrede.com represents and warrants that the Licensed Image will be free from material defects at the time that the license is granted and that erikbrede.com has the necessary rights to grant You the rights to use the Licensed Image under this Agreement, assuming Your full compliance with the terms of the Agreement. Your only remedy in the event of a breach of these warranty provisions is a full refund of the License Fee paid to erikbrede.com in connection with the Licensed Image.

  • erikbrede.com makes no other warranties, express or implied, regarding the Licensed Image, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose.
  • erikbrede.com expressly disclaims any such warranties and expressly licenses the Licensed Image “as is”.
  • erikbrede.com shall not be liable to You or any other person or entity for any punitive, special, indirect, consequential, incidental, or other similar damages, costs, or losses arising out of this Agreement – even if it has been advised of the possibility of such damages, costs, or losses. Some jurisdictions do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages.
  • erikbrede.com shall not be liable for any damages, costs, or losses arising out of or as a result of modifications made to the Licensed Image or as a result of the context in which the Licensed Image is used in a work.

10. Indemnification
You shall pay to defend, indemnify, and hold harmless erikbrede.com and its subsidiaries, commonly owned or controlled affiliates, content providers and their respective officers, and directors and employees from all damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or as a result of claims by third parties relating to Your use of any Licensed Image or any other actual or alleged breach by You of this Agreement. erikbrede.com may at its discretion, but is under no obligation to, assume the defence of any action arising from Your use of the Licensed Image or your breach of this Agreement.

11. Unauthorized Use of Licensed Image
If You use the Licensed Image in a manner other than that which is expressly authorized under this Agreement, such use amounts to copyright infringement and entitles erikbrede.com or its licensors to enforce all rights available to it under the U.S. and international copyright laws. In addition and without prejudice to erikbrede.com’s ability to realize other remedies under copyright laws and this Agreement, erikbred.com reserves the right to charge and You agree to pay a fee equal to up to five (10) times the License Fee for the unauthorized use of the Licensed Image. If erikbrede.com has a reasonable basis to believe that You are using the Licensed Image in a manner other than that which is expressly authorized under this Agreement, erikbrede.com may immediately revoke the license granted under this Agreement, and You agree to (1) stop using the Licensed Image, (2) destroy or order the destruction of any copies of the Licensed Image including as incorporated into a secondary work, and (3) return the Licensed Image to erikbrede.com. This provision does not limit erikbrede.com’s rights to recover damages from You including in the form of indemnification. Your failure to pay erikbrede.com fully and by its payment terms for the right to use the Licensed Image constitutes a material breach of this Agreement entitling erikbrede.com to all remedies available under law and according to this Agreement.

12. Audit and Verification Rights
erikbrede.com or its licensors may request and You must provide evidence of compliance with the terms of this Agreement upon demand with reasonable advance notice. Among the forms of evidence that erikbrede.com or its licensors are entitled to receive to verify Your compliance with the terms of this Agreement are (1) free access to any website or platform where the Licensed Image is reproduced, (2) an audit of records related directly to Your use of the Licensed Image by erikbrede.com or its designated auditor, (3) receipt and inspection of sample copies of reproductions containing the Licensed Image, and (4) a certificate of compliance signed under oath by You or Your agent in a form acceptable to erikbrede.com. Should erikbrede.com or its licensors determine that Your use exceeds what is permitted under this Agreement, You shall pay the costs incurred by erikbrede.com in its efforts to verify compliance, plus a five per cent (5%) surcharge in connection with these efforts.

13. No Modification of Embedded Data
You may not alter the Licensed Image in a manner that removes any copyright notice, name, identification number, or other information embedded in the Licensed Image.

14. Third-Party Claims of Right
Should the Licensed Image be the subject of a claim of infringement by a third-party for which erikbrede.com may be liable, erikbrede.com may require You to immediately (1) stop using the Licensed Image, (2) delete the Licensed Image from all storage media, and (3) take steps to ensure third-parties cease to use or reproduction of the Licensed Image. erikbrede.com shall provide you with a reasonable substitute image free of charge but subject to the terms and conditions of this Agreement.

15. Entire Agreement / No Waiver
This Agreement contains the entire agreement between You and erikbrede.com, and You acknowledge that there are no other agreements, representations, or warranties pertaining thereto which are not outlined in this document. If any provisions of this Agreement are held to be invalid or unenforceable under present or future laws, such provisions shall be fully severable, whereupon the remainder of this Agreement will be given full force and effect. No action or inaction by erikbrede.com, other than express written waiver, may be construed as a waiver of any provision of this Agreement In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other communication sent by erikbrede.com, the terms of this erikbrede.com shall govern.

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