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                        BLIKSHTEYN

 

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Licensing Agreement

By downloading any photograph from this website, placing an order or purchasing my photographs, YOU AGREE as follows:

  1. Mikhail Blikshteyn ("He") owns all the rights to all photographs taken by him, and these rights are legally protected worldwide for a very long time. He licenses the use of his photographs to you only as set out below.

     

  2. FREE LICENSE

     

    a.  Photographs may be downloaded FREE OF CHARGE directly from this website (as low-resolution images) to be used on your PC for PERSONAL, NON-COMMERCIAL, TEST or SAMPLE use, including comps or layouts, on a NON-EXCLUSIVE basis.
     

    b.  You may not, however, copy, distribute or share the photograph(s) in any way, except that you may make a single copy for backup purposes only.

  3. BASIC LICENSE

    a.   If you order (and pay for) any photograph(s) from Mikhail Blikshteyn, you will receive higher resolution digital images, slides, negatives, or prints, as agreed, and you have a NON-EXCLUSIVE LICENSE to use it/ them ANYWHERE, ANYTIME and in ANY MEDIUM as a part of:

         1.   ADVERTISING and PROMOTIONAL MATERIALS (including packaging, presentations and brochures);

         2.   ONLINE or other ELECTRONIC DISTRIBUTION SYSTEMS (including web pages and multimedia designs) and BROADCASTS;

         3.   ANY PRODUCTS (including products for sale) or PUBLICATIONS (electronic or print); and

         4.   materials for PERSONAL, NON-COMMERCIAL use and TEST or SAMPLE use, including comps and layouts.

    b.  Rights to the photograph(s) may not be sublicensed or resold, and detached or separate photographs may not be made available for use or distribution. For example, the photograph may be used as an integral part of a web page design or product, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use.

    c.  Clients may be provided with copies of the photograph as an integral part of work product, but may not be provided with the photograph on its own or be permitted to use the photograph separately.

    d. This license may be transferred to another person only if you transfer the photograph without keeping or storing any copy and the person to whom it is transferred agrees to all these terms.
     

  4. RESTRICTIONS ON ALL USES of Mikhail Blikshteyn's photographs:

    a.  "Copyright 2003 Mikhail Blikshteyn" must appear adjacent to the photographs or in an obvious credits page or screen, unless a similar agreement is made in advance.

    b.  Use of the photograph(s) must always be in compliance with all applicable laws and any defamatory, pornographic, insulting or otherwise inappropriate or unlawful use is strictly prohibited.

    c.  Photographs may not ever be in a downloadable or FTP format.

    d.  Rights to use the photograph(s) cannot and may not be sub-licensed, sold or resold.

    e.  No photograph may be manipulated, morphed or in any other way materially altered without Mikhail Blikshteyn's prior explicit consent.

    f.  Mikhail Blikshteyn reserves the right to discontinue the use of any photograph(s) by any person for any reason and to elect to replace the photograph with an alternate photograph, at his sole discretion. If use is discontinued, the relevant photograph(s) in your possession must be destroyed or returned to Mikhail Blikshteyn.
     

  5. TERMINATION AND RETURNS

    a.  Any right to use Mikhail Blikshteyn's photographs will terminate automatically without notice from Mikhail Blikshteyn if you fail to comply with any provision of this agreement. On termination, you must immediately delete and/or destroy all the photograph(s) including copies, in any medium, in your possession or control.

    b.  If you mistakenly order the incorrect photograph or are unsatisfied with it for any reason (other than for a defect in material or workmanship) you may return the photograph to Mikhail Blikshteyn within 7 days, and he will refund or issue a credit towards the use of another photograph in future, dependent upon customer's preference.
     

  6. WARRANTY and (VERY IMPORTANT) EXCLUSION OF LIABILITY

    a.  Mikhail Blikshteyn warrants the digital copy of the photograph in the form downloaded by you to be free from defects in material and workmanship for 30 days. The sole and exclusive remedy for a breach of this warranty is the replacement of copy of the photograph or refund of the order price, at Mikhail Blikshteyn's option. Mikhail Blikshteyn MAKES NO OTHER WARRANTY, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose.

    b.  Mikhail Blikshteyn WILL NOT BE LIABLE to you or any other person for any general, special, direct, indirect, consequential, incidental or any other damages arising directly or indirectly out of this agreement or use of a photograph.
     

  7. ADDITIONAL RIGHTS OR LICENSES

    If you wish to use the photograph in a manner not permitted by this agreement (for example you want an exclusive license), please contact Mikhail Blikshteyn.
     

  8. IF YOU DO NOT AGREE unconditionally to all of these terms, DO NOT download any photographs and DO NOT place any orders because YOU ARE NOT AUTHORIZED TO DO SO!

 

Copyright 1998-2003 by Mikhail Blikshteyn.
All Rights Reserved.