Peter Kraiker Photography
LICENSING TERMS & CONDITIONS END-USER LICENSE AGREEMENT (EULA):
By downloading any image or material from our website, you hereby agree to the following terms and conditions as outlined herein, and as listed elsewhere on our website:
This agreement is made by and between Peter Kraiker Photography and the purchaser or account holder (otherwise listed herein as You or Your) who access, acquire, and use Materials from this website. Peter Kraiker Photography hereby represents that all rights and copyrights to said website and materials shall remain the exclusive property, right and control of and under Peter Kraiker Photography and "Materials" from our website will constitute and be defined as any photo, image, design, or layout represented on the Peter Kraiker Photography website. By purchasing or downloading any Materials from Peter Kraiker Photography you are asserting your declaration that you have read, understood, and agreed to all terms and conditions listed in this Agreement, and otherwise identified on our website.
The default license is for PERSONAL USE:
Peter Kraiker Photography, grants the purchaser a non-exclusive perpetual personal-use license to download and copy the accompanying image, subject to the following restrictions:
1. Personal use means non-commercial use of the image(s) for display on personal websites and computers, or making prints for personal use. The image(s) may not be used in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration. The image(s) may not be used in advertising without prior written agreement. The image(s) may not be resold, re-licensed, or sub-licensed.
2. Title and ownership, and all rights now and in the future, of and for the image(s) remain exclusively with the photographer.
A. User's Rights to Materials from Peter Kraiker Photography.
You agree to access, acquire, and use our Materials as follows: These Terms and Conditions constitute a legal Agreement between You and Peter Kraiker Photography.
Peter Kraiker Photography grants You a nonexclusive, nontransferable license to download, use, modify, publish, and display our Materials according to the defined Terms and Conditions of this Agreement.
You may access, acquire, and use the materials downloaded from Peter Kraiker Photography subject to these Terms and Conditions in the following manner:
a. In accordance with the general definition of Personal Use provided in the Overview.
b. In the development and creation of your personal web presence and entity.
c. As part of a personal or family album for Personal Use in print or electronic format.
d. To share with friends and family for personal enjoyment, excluding all financial or business activities.
B. User Restrictions on the Use of Peter Kraiker Photography Materials.
You agree not to access, acquire, or use our Materials in any of the following manners:
1. You may not at any time share, sell, give, or allow anyone to use your username/password, nor access your account for any reason.
2. You may not distribute, share, sell, or give away any of our Materials at any time for any business or commercial purpose without prior written consent.
3. You may not distribute our Materials electronically or in hard copy, except as specifically outlined in the "User's Rights to Materials from Peter Kraiker Photography" section of this Agreement.
4. You may not use any of the Materials downloaded or obtained from our site in a Website template or any template or design sold individually or as part of an archive or catalog collection, or an automated shopping system, under any circumstances. You MAY however use our photos in client websites that are NOT distributed through an archive or automatic system.
5. You may not allow or authorize any third party to use the Materials for any purpose at any time or resell, sublicense, or otherwise make available the Materials for use or distribution separately or detached from a product or Web page.
6. You may not use any download software, internet accelerators, or other similar software or automated programs to access or download any materials from our website at any time.
7. You may not under any circumstances use Materials in connection with any illegal, obscene, immoral, or pornographic material.
C. You understand and agree that Peter Kraiker Photography, in its sole discretion:
Monitor your activity from Peter Kraiker Photography as often as Peter Kraiker Photography determines under its sole discretion for any reason and for any violation of this Agreement. Disable any account that engages in what Peter Kraiker Photography, determines to be a possible EULA violations or abuse of a username/password and account. Investigate any abuse of your username and password in connection with the Peter Kraiker Photography website or in connection with this Agreement. Take the appropriate action to investigate all potential abuse, which can lead to contacting the individual involved with the violations, account suspension, account termination, or other actions deemed necessary depending on the nature and severity of the violations, if we are unable to confirm the validity of the activity. D. You understand that Materials are copyrighted and owned by Peter Kraiker Photography only, and any unauthorized use of any of these Materials by you may be an infringement upon said copyright.
E. Peter Kraiker Photography and all Materials are made available to you AS IS, AS AVAILABLE, and WITH ALL FAULTS.
Peter Kraiker Photography its employees, directors, and officers and anyone else associated with Peter Kraiker Photography makes no representation or warranty, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. Peter Kraiker Photography further makes no representation or warranty that your usage of Peter Kraiker Photography will be uninterrupted, error free of computer viruses, or other damaging materials. When you login to your account, and access Peter Kraiker Photography, you do so at your own risk.
F. Peter Kraiker Photography, its employees, directors, and officers, or anyone else associated with Peter Kraiker Photography shall not be liable for any indirect, special, consequential, economic damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Materials. Peter Kraiker Photography, its employees, or related parties, will in no event be liable for any damages to exceed the amount paid by you for accessing or using Peter Kraiker Photography, and for accessing, acquiring, and/or using Materials from Peter Kraiker Photography.
G. You agree that you fully understand the contents, meaning and impact of this agreement. You will not use these Materials in any way that is not permitted in this Agreement or in violation of this Agreement. Your use of these Materials will not violate any applicable law or regulation of any country, state, or other governmental entity. You further attest that the information you provide to Peter Kraiker Photography is accurate and true, including without limitation all credit card information
H. You agree to fully, indemnify, and hold harmless Peter Kraiker Photography, its employees, directors, officers, and any other entity associated with Peter Kraiker Photography, and each of its successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, expenses, including attorneys' fees and expenses, arising in connection with Your use of the Materials and this website or of any breach or alleged breach of any representation, warranty, or other promise made by You in this Agreement.
I. ENTIRE AGREEMENT. You acknowledge that this agreement expresses the parties entire understanding and agreement, and that there have been no warranties, representations, covenants, or understandings made by either party to the other except as expressly set forth in this agreement. Any modifications to this agreement shall be made in writing and agreed to by both parties in writing. The parties further acknowledge that this agreement supersedes, terminates, and otherwise renders null and void any and all prior or contemporaneous agreements or contracts, whether written or oral, entered into between the Buyer and Seller with respect to the matters expressly set forth in this agreement.
J. You agree, attest, and reaffirm your agreement to the terms listed herein and to conduct your transaction electronically.