AGREEMENT, entered into as of the day of purchase, between Katja de Bruijn (hereinafter referred to as the “Photographer”), located in The Netherlands, and you, the purchaser (hereinafter referred to as the “Licensee”), with respect to the use of a certain image created by the Photographer (hereinafter referred to as the “Image”) for manufactured products (hereinafter referred to as the “Licensed Products”).
WHEREAS, the Photographer is a professional photographer of good standing; and
WHEREAS, the Photographer has created the Image which the Photographer wishes to license for purposes of manufacture and sale; and
WHEREAS, the Licensee wishes to use the Image to create a certain product or products for manufacture and sale; and
NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth and other valuable consideration, the parties hereto agree as follows:
1. Grant of Non-Exclusive Rights. The Photographer grants to the Licensee the nonexclusive right to use the Image for publishing by the Licensee worldwide for perpetual period of time. Licensee may not re-sell Licensed Product, original or repackaged, and may not use Licensed Product for any pornographic, obscene, defamatory or otherwise unlawful purpose whatsoever.
2. Ownership of Copyright. The Photographer shall retain all copyrights in and to the Image. The Licensee shall identify the Photographer as the creator of the Image on the Licensed Products and shall reproduce thereon a copyright notice for the Photographer which shall include the word “Copyright” or the symbol for copyright, the Photographer’s name, and the year date of first publication.
3. Reservation of Rights. All rights not specifically transferred by this Agreement are reserved to the Photographer.
4. Indemnification. The Licensee shall hold the Photographer harmless from and against any loss, expense, or damage occasioned by any claim, demand, suit, or recovery against the Photographer arising out of the use of the Image for the Licensed Products.
6. Nature of Contract. Nothing herein shall be construed to constitute the parties hereto joint venturers, nor shall any similar relationship be deemed to exist between them.
13. Governing Law. This Agreement shall be construed in accordance with the laws of The Netherlands, and Licensee consents to the jurisdiction of the country’s courts.
15. Modifications in Writing. This Agreement constitutes the entire agreement between the parties hereto and shall not be modified, amended, or changed in any way except by a written agreement signed by both parties hereto.