| Conditions Governing License: |
|
1. Applicant/Licensee (hereafter "Applicant") shall pay the appropriate fee
as indicated on the fee schedule provided by the USGA Photographic Archives.
The fee must be paid in full prior to any use of the PHOTOGRAPHIC REPRODUCTION.
|
|
2. Applicant understands and acknowledges that all PHOTOGRAPHIC REPRODUCTIONS
are the property of the USGA. Images are not sent for review/consideration nor
sold outright.
|
|
3. The USGA does not make any express or implied representations or warranties
with respect to the copyright status of or the rights of any third parties to the
PHOTOGRAPHIC REPRODUCTION, and the USGA expressly disclaims any such responsibility
or warranty. This License Agreement does not grant any rights or license to the
Applicant with respect to names or likenesses, images, trademarks or copyrights or
any other proprietary rights in connection with the PHOTOGRAPHIC REPRODUCTION, and
the USGA makes no representations or warranties with respect to such rights.
Applicant assumes all responsibility for and shall obtain all necessary third party
consents, releases and/or waivers prior to using the PHOTOGRAPHIC REPRODUCTION.
|
|
4. Applicant agrees to indemnify and hold the USGA harmless from and against all
claims, demands, liabilities damages, costs, expenses, and reasonable legal fees
arising from or relating to Applicant’s unauthorized actions or inactions involving
the PHOTOGRAPHIC REPRODUCTION or Applicant’s breach of any provision of this License
Agreement.
|
|
5. The USGA hereby grants Applicant permission to use the PHOTOGRAPHIC REPRODUCTIONS
pursuant to the conditions set forth in the License Agreement and accompanying Loan
Agreement incorporated herein by reference and only for the intended use stated in
the Loan Agreement, License Agreement and related invoice. Licensed PHOTOGRAPHIC
REPRODUCTIONS may be downloaded onto and stored on no more than one (1) computer
hard drive or other computer medium and Applicant shall not otherwise make or distribute
copies of the PHOTOGRAPHIC REPRODUCTION for any purpose except as otherwise provided
in this License Agreement and the related invoice. Notwithstanding the foregoing,
Applicant shall be allowed to make one (1) back-up copy for security reasons only.
Applicant may not use the PHOTOGRAPHIC REPRODUCTION on any image storage jukebox,
network configuration or similar computer network arrangement. Requests for additional
language editions and revised additions will be considered upon written application.
|
|
6. PHOTOGRAPHIC REPRODUCTIONS may not be used with or in any content relating to
gambling, alcohol, tobacco, firearms, pornography, directly or indirectly, or content
which is or may be defamatory, libelous or otherwise unlawful.
|
|
7. Applicant shall refrain from making or permitting any alterations or additions
to the PHOTOGRAPHIC REPRODUCTION, including any copies or reproductions of the PHOTOGRAPHIC
REPRODUCTION, other than customary cropping, silhouetting and tinting, or from permitting
any use of the PHOTOGRAPHIC REPRODUCTION not specified herein. Applicant will immediately
notify the USGA if it becomes aware or suspects that any third party is wrongfully using
any of the PHOTOGRAPHIC REPRODUCTIONS, including, but not limited to any USGA trademarks
or copyrights related to the PHOTOGRAPHIC REPRODUCTIONS.
|
|
8. Full credit must appear, within immediate proximity to the PHOTOGRAPHIC REPRODUCTION,
or the section devoted to acknowledgements, as one of the following: (1) if USGA
copyrighted material, as "Copyright USGA/{photographer's name}" or (2) if directed by
the Photographic Archives that the USGA owns the image but not the copyright(s), credit
shall read: "Courtesy USGA. All Rights Reserved." Credit shall be printed in no less
than eight-point type. In the event Applicant omits the credit language Applicant will
be charged an additional amount equal to one hundred percent (100%) of the fee. Applicant
shall use reasonable efforts either through technology, notice to the public or other
available methods to prevent a third party from copying/downloading the PHOTOGRAPHIC
REPRODUCTION to the extent Applicant uses the PHOTOGRAPHIC REPRODUCTION on the Internet.
If Applicant uses the PHOTOGRAPHIC REPRODUCTION on the Internet, Applicant shall provide
the USGA with the website address(es) where it will appear.
|
|
9. PHOTOGRAPHIC REPRODUCTIONS shall be identified with the titles/captions provided
by the USGA.
|
|
10. Upon the expiration or earlier termination of this License Agreement, Applicant
shall promptly delete the PHOTOGRAPHIC REPRODUCTION from its computer and other electronic
storage system or other means used to capture any visual image of the PHOTOGRAPHIC
REPRODUCTION other than its archives, and shall send the USGA a written statement
acknowledging that all such deletions have been completed. Applicant shall return
any and all originals and copies of the PHOTOGRAPHIC REPRODUCTION to USGA Photographic
Archives within twenty five (25) calendar days from the date of shipment, or the following
fees will be applied: a holding fee of $15.00 per item, per week will be charged after
thirty (30) days. The value of each original item if lost or damaged is $1,500.00.
|
|
11. Applicant shall send the USGA Photographic Archives one (1) copy of all publications
and other uses that incorporate the PHOTOGRAPHIC REPRODUCTION, etc. without charge.
Notwithstanding the foregoing paragraph 10, Applicant is not required to return or delete
the PHOTOGRAPHIC REPRODUCTION from the Applicant’s archives to the extent it is included
as part of the permitted use hereunder.
|
|
12. If Applicant intends to use the PHOTOGRAPHIC REPRODUCTION on the Internet, Applicant shall provide the USGA with the website address(es) where the PHOTOGRAPHIC REPRODUCTION will appear. In addition, Applicant shall include a hyperlink to the USGA's website located at www.usga.org as follows: "Courtesy of WWW.USGA.ORG". Applicant shall use reasonable efforts through technology, notice to the public, and other available methods to prevent a third party from copying/downloading the PHOTOGRAPHIC REPRODUCTION to the extent Applicant uses the PHOTOGRAPHIC REPRODUCTION on the Internet.
|
|
13. We reserve the right to change these Terms and Conditions of Use, prices, information and available contractual license terms without notice. These conditions set out the entire agreement between the USGA's Photographic Archives and you relating to your use of the licensed PHOTOGRAPHIC REPRODUCTION. | |