Wazipic™ Royalty-Free End User License Agreement (EULA)
Please read this agreement carefully in its entirety before downloading or using The Wichita Collection image(s) on wazipic.com. By downloading The Wichita Collection image(s) on wazipic.com, you agree to be bound by the terms of this EULA and the image usage restrictions contained herein.
1. Grant of Rights and Restrictions
1.1. Wazipic™ grants you a non-exclusive and non-assignable right to reproduce the image(s) within the state of Kansas on a perpetual basis solely as part of the following:
1.1.1. Advertising and promotional materials (including packaging)
1.1.2. Online or other electronic distribution system; including web page design
1.1.3. Broadcasts or theatrical exhibition
1.1.4. Any products (including for-sale products) or publications (electronic or print)
1.1.5. Materials for personal, non-commercial use and test or sample use, including comps and layouts.
When exercising this right you must ensure any notice of copyright, trademark or other propriety right, if applicable, is not removed from any place where it is placed on or embedded in the Image.
1.2. You may alter, crop, manipulate and create derivative works from the Image(s), so long as you ensure any notice of copyright, trademark or other propriety right, if applicable, is not removed from any place where it is placed on or embedded in the Image.
1.3. If you are an intermediary (for example an advertising agency) you may not sublicense, sell, assign, convey or transfer this agreement or any of its rights under this agreement but you may sub-license an image as part of a derivative work (for example an advertisement) to your clients. Should your clients wish to incorporate the Image in their own work they should contact Wazipic™ to discuss a new license agreement.
1.4. The image(s) as stored and shared by you must retain the copyright symbol, the name of Wazipic™, the image(s) identification numbers and any other information as may be invisibly embedded in the electronic files containing the original image(s).
1.5. The image(s) may not be distributed by a mobile phone device in a way that would allow any third party to download, extract or access the image(s) as a standalone file.
1.6. You must not incorporate images (or any part of them) into a logo, trade mark or service mark.
1.7. The image(s) may not be sublicensed, resold or otherwise made available for downloading, use or distribution separately. For example, the image(s) may be used as an integral part of a web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by website users.
1.8. You may not use the image(s) in a pornographic, defamatory, fraudulent, lewd, obscene or otherwise illegal manner, including but not limited to infringing any third party intellectual property or privacy rights, whether directly or in context or by juxtaposition with other materials.
1.9. You must abide by any restriction on use notified to you by Wazipic™ before, after or at the time of delivery of the image(s), either in the information accompanying the image(s) or otherwise.
1.10. Wazipic, after reasonable notice, may inspect any records, accounts and books relating to the reproduction* of any of the image(s) to ensure that the image(s) are being used in accordance with this agreement.
*Reproduction includes any form of copying or publication of the whole or part of any image whether by printing, slide projection or other display (whether or not to an audience), electronic, digital or mechanical means, use as a reference by an artist or in an artist’s illustration or by any other means. Reproduction further includes the copying or distortion or manipulation of the whole or part of any Image (for example, by computer, electronically, digitally by an artist or by any other means), even though the resulting image may not appear to a reasonable person to be derived from the original Image.
2. Credit and Copyright Issues
2.1. No ownership or copyright in any image shall pass to you by the issue of the license. This license does not include the right to compile photos from Wazipic™ to replicate a similar or competing service.
2.2. If a Wazipic™ copyright notice and/or image identification reference appears in the image file it must remain with your digital copy of the image at all times. Failure to maintain the integrity of the copyright information will constitute a breach of this agreement.
2.3. In connection with the use of "Wazipic™" or any other of Wazipic's or its partners' trade names, trademarks, logos or service marks, including the names of all image collections, you acknowledge and agree that such marks are and shall remain the sole property of Wazipic™ or its partners; nothing shall confer upon you any right of use in or to the marks; and you shall not now or in the future contest the validity of the marks.
2.4. You will immediately notify Wazipic™ if you become aware or suspect that any third party has gained access to the images through you, is wrongfully using the images, in whole or in part, or is violating any of Wazipic's intellectual property rights, including, but not limited to, trademarks and copyrights.
3.1. You agree to indemnify and hold Wazipic™ and its contributors harmless against any claims, damages, losses, expenses or costs, including legal costs, arising in any manner whatsoever from your unauthorised use of any image supplied to you by Wazipic™, on behalf of the contributor, or any other breach by you of any of your obligations under this agreement.