This License Agreement, together with any invoice (collectively, the “Agreement”), sets forth the terms and conditions between you, your employer, or any other client or end-user on whose behalf you are purchasing a license as the licensee (collectively, “You(r)” or “Licensee”) and photographer Michael Bernholdt Rasmussen, as licencor. Your acceptance of this Agreement by licensing any images offered for licensing on the website www.bernholdt.dk (“Image(s)”) forms a binding agreement between Licensee and photographer Michael Bernholdt Rasmussen.
Please read this Agreement carefully before downloading any Images. By downloading any Image, Licensee agrees to be bound by the terms of this Agreement.
1. Ownership of Images.
All Images on the www.bernholdt.dk website are protected by International copyright treaties. photographer Michael Bernholdt Rasmussen own and control all rights, including the copyrights in and to the Images. photographer Michael Bernholdt Rasmussen reserve all rights in and to the Images not expressly granted to Licensee in this Agreement.
2. License Terms.
2.1. Personal License.
Subject to the terms of this License Agreement, www.bernholdt.dk grants Licensee a perpetual, worldwide, non-transferable, non-sublicensable, non-exclusive right to reproduce, transmit and display, in whole or in part, the Images and right to create derivative works (collectively “use”) with respect to the Images identified on www.bernholdt.dk’s Invoice, for personal usage only. Licensee may alter, crop, modify or adapt the Images. Licensee may make a copy of the content for internal back-up purposes provided www.bernholdt.dk’s copyright management information and any Image identifying information embedded with the digital file (“metadata”) is retained with the file. Limited, temporary transfers of the Images are permitted to third parties integral to the creation of the final product. Single user. This license is granted to one Licensee.
Subject to the terms of this License Agreement, www.bernholdt.dk grants Licensee a perpetual, worldwide, non-transferable, non-sublicensable, non-exclusive right to reproduce, transmit and display, in whole or in part, the Images and right to create derivative works (collectively “use”) with respect to the Images identified on www.bernholdt.dk’s Invoice, for up to 50,000 print copies and up to 100,000 impressions for digital copies, under a standard license, for all uses in all media, subject to the restricted uses in Section 3 described below. As part of the standard license, Licensee may alter, crop, modify or adapt the Images. Licensee may make a copy of the content for internal back-up purposes provided www.bernholdt.dk’s copyright management information and any Image identifying information embedded with the digital file (“metadata”) is retained with the file. Limited, temporary transfers of the Images are permitted to third parties integral to the creation of the final product. Single user. This license is granted to one Licensee.
2.3. Extended Licenses.
You may purchase an extended license to increase the usage rights granted in the standard license as follows:
i. Unlimited print runs and impressions use the Images to create unlimited (a) print reproductions in excess of 50,000 copies, including without limitation, advertising, marketing and promotional materials, newspapers, magazines, books or product packaging; and (b) digital impressions in excess of 100,000 copies, including without limitation, video, television, cinema, software, applications, and electronic documents, subject to the restricted uses in Section 3 described below.
ii. Products for sale incorporates the Image(s) into print or electronic products for resale or distribution, (including templates and on-demand products) without regard to the size of the print run, manufacturing units, or impressions of such products (including individual downloads), including without limitation, screen-savers or wallpapers for mobile devices, website designs, presentation templates, electronic greeting cards, print greeting cards, business cards, t-shirts or other clothing or accessories, tote bags, mugs, magnets, calendars, posters or any other electronic or printed matter, provided that such product either combines the Image with words and/or other graphics or images; or the Image is not the primary factor driving the sale of such product.
iii. Multi-seat License provides multiple members of a team within the same organization access to licensed Images. Unless a multi-seat license is purchased, Images may not be stored on a server or content management system which gives more than one person simultaneous access to the content.
Extended licences can be obtained by contacting photographer Michael Bernholdt Rasmussen directly by email on the following address: firstname.lastname@example.org
2.4. Ownership of Derivative Works.
In the event that Licensee creates a derivative work based on or incorporating one or more Images, all rights in and to such Images shall continue to be owned by photographer Michael Bernholdt Rasmussen, subject to Licensee’s rights to use such Image(s) pursuant to the terms of this Agreement.
2.5. Marketing and Promotion of Derivative Works.
Licensee grants www.bernholdt.dk and photographer Michael Bernholdt Rasmussen the right to display or reference Licensee’s derivative work using or incorporating licensed Images for any marketing, educational, and/or promotional purposes as an example of customer usage.
2.6. Limited Exclusivity.
You may request that future licensing of an Image be removed from the website for a limited period of time for an additional license fee by contacting photographer Michael Bernholdt Rasmussen at email@example.com. Not all Images may be available to be removed from www.bernholdt.dk and past licensees will retain the right to continue to use the Image.
3. Restrictions on Image Use.
Licensee may NOT without obtaining specific prior written consent from photographer Michael Bernholdt Rasmussen (which may not be available) do the following:
i. Sublicense, sell, assign, convey or transfer any of its rights under this Agreement (except for derivative works incorporating any Image).
ii. Without obtaining an appropriate extended license, create print reproductions in excess of 50,000 copies and create digital impressions in excess of 100,000 copies.
iii. Without obtaining an appropriate extended license, include the Images in an electronic template intended to be used by third parties on electronic or printed products, or where the purpose is to create “on demand” products, including but not limited to website designs, presentation templates, electronic greeting cards, business cards, t-shirts, mugs, calendars, posters, screen-savers or wallpaper for mobile devices or any other electronic or printed matter without obtaining a license for such purpose. For the avoidance of doubt, Images may be incorporated into product packaging, merchandise for resale, or distribution where the Image has been modified, incorporated in a design, or in a derivative form and is not used as a stand-alone work for resale.
iv. Permit anyone other than Licensee to access the Image without obtaining a multi-seat license.
v. Sell, license or distribute its final product in such a way that permits Licensee’s end-users to extract or access any Image as a stand-alone unmodified file.
vi. Incorporate any Image into a logo, trademark or service mark.
vii. Use any Image in a pornographic, defamatory, libelous or otherwise illegal manner, whether directly or in context or juxtaposition with other subject matter and materials.
viii. Use any Image in any manner prohibited by any international export laws, restrictions or regulations. ix. Falsely represent (either expressly or by implication) that Licensee is the original creator of a visual work that derives a substantial part of its artistic components from any Image.
x. Without obtaining the prior written consent of photographer Michael Bernholdt Rasmussen and the payment of an additional license fee, upload an Image as an unmodified standalone file to file-sharing websites or social networking websites such as YouTube, Facebook, Twitter, Pinterest, or other third party website that claims to acquire rights in the Images contrary to the terms of this Agreement. Upon photographer Michael Bernholdt Rasmussen’s request, Licensee shall immediately remove any Images from such platform or website.
xi. Use content identified as “Editorial Use Only”, for any commercial, promotional, endorsement, advertising or merchandising use. For the avoidance of doubt, “Editorial Use Only” means use relating to events that are newsworthy or of general interest and expressly excludes any advertorial sections (i.e. sections or supplements featuring brand and/or product names or sections or supplements in relation to which Licensee receives a fee from a third-party advertiser or sponsor).
xii. Use the Images for editorial purposes without including the following credit adjacent to the Image or included in audio/visual production credits “© Photographer Michael Bernholdt Rasmussen”
4. Sensitive Use Disclaimer.
If an Image featuring a model or property is used in connection with a subject that would be unflattering, embarrassing or unduly controversial to a reasonable person (except for Images identified as “Editorial Use Only” used in an editorial manner), Licensee must accompany each such use with a conspicuous statement that indicates that (i) the Image is being used for illustrative purposes only; and (ii) if a recognizable person is depicted in the Image, that person is a model.
Model releases can be provided to Licensee for Images containing identifiable persons upon request, if photographer Michael Bernholdt Rasmussen and www.bernholdt.dk indicates that a model release is available. Names are removed to protect the privacy of the model. Other than model releases for recognizable persons on Images identified as released, www.bernholdt.dk and photographer Michael Rasmussen grants no rights and makes no warranties with regard to the use of names, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in any Image, and Licensee must satisfy itself that all the necessary rights or consents regarding any of the above, as may be required for reproduction, have been obtained.