Please see the License Agreement (included in the email with this link) for full terms and conditions of using this image.
© Tom Marshall (PhotograFix) All Rights Reserved.
Windrush Station - Commercial Image License
This Photo License Agreement (this “Agreement”) is made as of this date (the “Effective Date”) by and among/between Tom Marshall (“Licensor”) and (“Client”).
Parties agree as follows:
1. License. Licensor hereby grants to Client a non-exclusive perpetual license to use the following work (the “Photo(s)”): (A). Name/Title: Windrush Station Description: West Indian arrivals at Victoria Station (London) 1956 – Colourised
2. Agreement. Client is authorised to use the Photo(s) solely for the limited purposes of a. Publication on a personal blog, publication on a website, use in packaging of up to 10,000 units. For use over 10,000 units further fees will apply.
Client is authorized to use the Photo(s) worldwide. Client agrees that, subject to the rights and licenses granted herein, Licensor is, and will remain, the sole and exclusive owner of all rights, titles, and interest, throughout the world, to all photos and any copies of the photo(s). Except as expressly provided in this Agreement, Licensor reserves all rights and licenses not expressly granted in this Agreement.
3. Fee. Client shall pay a fee in the amount of £80.00 in consideration for the rights and licenses granted herein.
4. Restrictions on Use. Client will not use the Photo(s) for any of the following purposes:
No Unlawful Use. Client will not use the Photo(s) in any unlawful manner, such as pornography or defamation.
No Standalone File Use. Client will not use the Photo(s) in any way that allows a standalone file or content file to be downloaded, extracted, or redistributed by others.
No Use in Trademark or Logo. Client will not use the Photo(s) in any trademark, design, logo or other mark.
No Alterations. Client will not alter the Photo(s) without the prior written permission of Licensor. This license only covers the colourised version of this Photo(s). It does not allow the colour to be changed into black and white/monochrome/sepia or other variations of grayscale.
No Products for Resale. Client will not use the Photo(s) in any goods or products where the Photo(s) are the primary value.
No Sublicenses. Client will not sublicense the Photo(s) without the prior written permission of Licensor.
5. Photo Notice and Markings. Where possible, Client must include a photo credit or copyright notice to accompany all Photo(s) as follows: © Colourised by Tom Marshall (PhotograFix).
6. Indemnification. Client will indemnify, defend, and hold harmless Licensor from all liability, claims, demands, causes of action, judgments, damages, and expenses (including reasonable attorneys’ and experts’ fee and costs) arising out of or as a result from use of the Photo(s) by Client, except in the event that any claims, demands, causes of action, judgments, or expenses arose out of willful misconduct, gross negligence, or bad faith by Licensor.
7. Limitations of Liability. Except for any remedies that cannot be excluded or limited by law, neither party, nor any affiliate, will be liable under this agreement to the other party, any affiliate or other third person for any indirect, incidental, consequential, special, reliance, or punitive damages or lost or imputed profits, lost data or cost of procurement of substitute goods or services. Client may have rights that cannot be waived under consumer protection and other laws. Licensor does not seek to limit client’s warranty or remedies to any extent not permitted by law.
8. Term. Not applicable. This a perpetual license.
9. Termination. Either party may terminate this Agreement immediately upon delivery of written notice to the other party specifying clearly the grounds for termination if the other party commits a material breach of its obligations under this Agreement and fails to cure the breach within fourteen days after written notice of the breach is received by the breaching party. For the avoidance of doubt, termination will be without prejudice to any liability incurred prior to the effective date of termination.
10. Assignment. This Agreement may not be assigned by Client without Licensor’s prior written consent. Licensor may assign this Agreement, in whole or in part, to any affiliate or successor.
11. Severability. If any provision of this Agreement is held invalid, illegal or unenforceable by a court of competent jurisdiction, the remainder of the Agreement will be valid and enforceable and the parties will negotiate in good faith a substitute, valid and enforceable provision which most nearly puts into effect the intent of the parties.
12. No Waiver. This Agreement may not be altered, modified, or amended in any way except in writing signed by both parties. The failure of a party to enforce any provision of the Agreement will not be construed to be a waiver of the right of such party to thereafter enforce that provision or any other provision or right.
13. Entire Agreement. This Agreement represents and constitutes the entire agreement between the parties, and supersede and merge all prior negotiations, agreements, and understandings, oral or written, with respect to any and all matters between the parties.
14. Governing Law. The parties hereby agree that this Agreement will be governed by, and constructed and enforced in accordance with the laws of the United Kingdom without reference to rules governing choice of laws.