Licence agreement - Johner (RF)

END USER LICENSE AGREEMENT

JOHNÉR NATURBILD ETSABILD

ROYALTY-FREE IMAGES

Please read this Agreement carefully before purchasing and using any Johnér/Naturbild/Etsabild royalty-free Image(s).

This is a legal agreement between you (”You”), and Johnér/Naturbild/Etsabild

1. GRANT OF RIGHTS

1.1 Johnér/Naturbild/Etsabild grants You a non-exclusive, non-transferable, non-sublicensable, worldwide, perpetual right to reproduce the image(s) (collectivelly: the ”Image(s)”), that You have purchased during this transaction, an unlimited number of times for the following purposeses:

1.1.1 Advertising and promotional materials,

1.1.2 Broadcasting and theatrical exhibitions ,

1.1.3 Print publications and physical products,

1.1.4 Electronic publications including webdesign (maximum resolution 72 dpi) and

1.1.5 Other uses approved in writing by Johnér/Naturbild/Etsabild.

1.2 You may alter, manipulate and crop the Image(s).

1.3 If You are a intermediary You have the right to have the Image(s) reproduced by clients of Yours, provided that You ensure that such clients agree to abide by the provisions of this agreement.

2. RESTRICTIONS

2.1 You may store Image(s) in a digital archive or smilar arrangement as long as no more than ten (10) users have access to the Image(s). Under no circumstances may the Image(s) ever be used by more than ten (10) users unless separate licences are purchased.

2.2 If you are an intermediary (e.g. an advertising or design agency) the Images must only be used by one client of yours, who must agree to be bound by the terms of this Agreement. For the Images to be used by another client you will first have to purchase extended licence rights from Johnér/Naturbild/Etsabild. You may allow individuals employed by your client to have access to the Images, provided the total number of individuals with access to the Images (including all those within your organisation and the client) remains no more than ten (10).

2.2 You may not sublicense, re-license, rent, re-sell, lease or otherwise distribute the Image(s) to

third parties separate or independent from a specific product, website or similar.

2.3 You may not sell, licence or distribute any derivative work containing the Image(s) in a way that would allow a third party to download, access or extract the Image(s) as a standalone file.

2.4 You may not make the Image(s) accessible online in a downloadable format or enable the Image(s) to be distributed via mobile telephone devices.

2.5 You may not use the Image(s) in a manner that would lead a reasonable person to belive that any model depict in the Image(s) personally uses or endorse a product or service.

2.6 You may not use Image(s) depicting any model in any unduly controversial, unflattering or sensitive commercial or editorial context, unless accompanied with a statement indicating that the person is a model and the Image(s) are being used for illustrative purposes only.

2.7 You may not incorporate the Image(s) in a logo, tradmark or servicemark.

2.8 Image(s) may not be used in ways or contexts that might resonably be contrued as pornographic, defamatory, libellous, obscene or illegal.

3. WARRANTIES, INDEMNIFICATION AND LIMITATION OF LIABILITY

3.1 Johnér/Naturbild/Etsabild provides no warranties with regard to the use of names, likenesses, registered or unregistered Trade Marks, registered or unregistered designs, copyright, works of art or any other intellectual property depicted in any Image and You must satisfy yourself that all necessary rights or consents as may be required for reproduction of any Image are obtained. You shall not permit any Images to be used in any way that violates the rights of another. You undertakes to indemnify Johnér/Naturbild/Etsabild from and against; any and all liability, loss or damage Johnér/Naturbild/Etsabild may suffer as a result of claims, demands, costs or judgments arising out of the use of any Image where the existence of such release has not been specified in writing by Johnér/Naturbild/Etsabild; any claims, judgments or suits which may arise from any act, warranty, or representation, actual or implied, by You; any claims resulting from failure to use the correct attribution as specified by Johnér/Naturbild/Etsabild for any Image published. The foregoing indemnification(s) shall include, but shall not be limited to, Johnér/Naturbild/Etsabild ’ reasonable attorneys’ fees and costs.

3.2 Johnér/Naturbild/Etsabild makes no warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Our liability to You for any losses shall not exceed the amount You originally paid for the images. Johnér/Naturbild/Etsabild shall not be liable to You or any other person or entity for any general, specific, direct, indirect, consequential, incidental, or other damages (even if we have been advised of the possibility of such damage) arising out of this licence, the usage of the Image(s) including any claim for lost profits or lost savings, or for any claim of a third party or otherwise.

4. CONSEQUENCES OF BREACH

4.1 The licenece and your right to use the Image(s) shall automatically terminate if you breach any of express or implied term of this agreement. In the event of termination You must immmediatly delete all copies of the Image(s).

4.2 You agree to idemnify Johnér/Naturbild/Etsabild and hold Johnér/Naturbild/Etsabild harmless against all claims arising out of any breach by You of this agreement.

5. COPYRIGHT

All rights to the Image(s) are owned by Johnér/Naturbild/Etsabild and are protected by copyright laws.

No copyright in any Image(s) shall pass to You by the issuance of the licence contained in this agreement.

6. GOVERNING LAW

In performing this Agreement, each party shall comply with all applicable laws, regulations and other requirements, now and hereafter in effect, of Governmental authorities having jurisdiction. Neither party shall take any actions that may cause the other party to be in violation of any law. This Agreement will be governed and interpreted in accordance with the substantative laws of Sweden, excluding its conflict of laws rules. Any dispute, controversy or claim between the parties arising out of this Agreement shall be settled by arbitration according to the rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The arbitration shall be held in Stockholm, Sweden. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law, or so held by binding arbitration, such enforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and in such event such provision shall be changed and interpreted so as to best accomplish the objectives of such provision.