User License Agreement
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MATTHEW MOSS.
Please read this license agreement carefully before you make a purchase. By buying one or more transparencies or images from Matthew Moss you agree to be bound by the terms and conditions of the license in respect to each transparency you purchase. In the event that you are making this license purchase for, and on behalf of, your employer, the conditions concerning the license, its limitation and restrictions, also apply to your employer as well as to you insofar as you represent your employer. Your employer can continue to enjoy the rights of this agreement in the event you cease to work for your employer.
Matthew Moss requires that a credit reading "Matthew Moss© copyright." appear adjacent to the images or on an obvious credits page or position. You are required to supply Matthew Moss, free of charge, two samples of the printed matter in which the image or images you have licensed, appear. Matthew Moss grants to you, and your employer if you are licensing on behalf of your employer, a non-exclusive, non sub licensable, non transferable right to use any transparency obtained from Matthew Moss. The Transparency may be used on a world-wide basis as a part of: PRINTED ADVERTISING, PRINTED EDITORIAL and PRINTED PROMOTIONAL MATERIALS (including packaging);
The transparency may not be shared by creating a disc library, media storage jukebox, network configuration or similar arrangement, and you may not create a network of servers, either with or without a central location, which enables others to share the transparency. You may not utilize the transparency in any manner that is not expressly permitted in this license agreement. All rights not specifically granted above are retained by Matthew Moss. Except as specifically provided in this license agreement, no transparency may be shared or copied or duplicated.
No transparency may be sub licensed, resold or otherwise made available for use or distribution separately. You may not transfer or assign this license to a third party. The transparency may not be made available for downloading separately, or in combination with other images or in a format designed or intended for permanent storage or re-use by website users. Use of the transparency, or any part thereof, as a trademark or service mark is not permitted. The image is not licensed for use in a downloadable or FTP format. Pornographic, defamatory, libellous or otherwise unlawful use of any imagery is prohibited.
The image may not be used in any products intended for sale where the primary value resides in the image itself and or not excluding a compiling of images of which this image is one. You may not make digital or printed copies of the transparency for the purpose of re-licensing or reselling the image contained in the transparency either separately or in compilation with other images or for any other purpose without the written consent of Matthew Moss or his representatives.
Matthew Moss warrants the transparency to be free from defects in material and workmanship for 90 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the transparency or refund of the purchase price, at Matthew Moss's option. MATTHEW MOSS MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER SHALL MATTHEW MOSS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR ANY OTHER MONETARY LOSS ARISING OUT OF THIS LICENSE OR OTHERWISE.
All rights to the transparency are owned by Matthew Moss. All these rights are protected by European Union and United States copyright laws, international treaty provisions and other applicable laws. Matthew Moss retains all rights not expressly granted by this license agreement. The transparency is licensed only to you, or your employer if you are licensing on behalf of your employer. The license contained in this license agreement will terminate automatically without notice from Matthew Moss if you, or your employer if you are licensing on behalf of your employer, fail to comply with any provision of this license agreement. Upon termination, you, and your employer if you are licensing on behalf of your employer, must immediately (i) stop using the transparency (ii) return the transparency and all copies to Matthew Moss, and (iii) delete any transparency and all copies from all magnetic media and destroy all other copies or, upon request of Matthew Moss, return all such copies to Matthew Moss.
Use of the transparency must be in compliance with all applicable law, including, but not limited to, laws and regulations relating to currency and the law of moral rights. Matthew Moss reserve the right to discontinue the use of any transparency for any reason and to elect to replace the transparency with alternates. Upon notice of any discontinuance of a license for any particular transparency, you, and your employer and your client if applicable, agree not to use such transparency in the future. This agreement will be governed in all respects by the laws of the Principality of Monaco, without reference to its laws relating to conflicts of law. Venue for all disputes arising under this agreement shall lie exclusively in the Courts of justice of the Principality of Monaco (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts.
Notwithstanding the foregoing, Matthew Moss shall have the right to commence and prosecute any legal or equitable action or proceeding before any U.S.A. or non-U.S.A. court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Matthew Moss, such action is necessary or desirable.