PhotoCuisine License Agreement
License agreement for pictures with Rights Managed (RM) of Sucré Salé
The use of pictures with Rights Managed (RM) marketed by Sucré Salé is subject to the full and complete acceptance of these conditions and to the payment of the whole invoice detailing the use of the pictures and the ancillary expenses.
This license agreement is subject to the General licensing conditions for the exploitation of photographs provided by Sucré Salé , which they form part of. Any use of the pictures with Rights Managed (RM) marketed by Sucré Salé to use as models is subject to this license agreement and the aforementioned general conditions.
In case of disagreement with the terms of this agreement, please return immediately the medium or media with the pictures put at your disposal in their original package, cease immediately to use the picture in question without any compensation or action and delete any copies or archives that you have or that you have put at the disposal of third parties or click to the return button on the web page to refuse these conditions.
LICENSED RIGHTS. EXCLUSIONS
Except as otherwise provided for in the invoice, Sucré Salé grants to the beneficiary a non-exclusive, non-assignable, non-transferable right to use and reproduce the pictures as indicated on the invoice. Save as duly specified on the invoice, the geographical area for which the rights granted apply is France excluding any other territories.
Sucré Salé also grants to the beneficiary of this license the right for its sub-contractors to use the pictures under its responsibility and within the limits of the rights granted in the invoice and this agreement.
The beneficiary of this license will not be able to benefit from any extension of the rights to use the pictures referred to in this agreement and the invoice except with the prior consent of Sucré Salé and only after the payment of additional rights to use calculated by Sucré Salé.
(i) The use of pictures for any use other than that expressly provided for in the invoice or this agreement or (ii) the default in the payment of the rights provided for in the invoice may constitute an infringement of the proprietary rights of the author and/or the third parties represented and/or Sucré Salé and may trigger the liability of the beneficiary of the license and third party intermediaries of the beneficiary of the license for infringement of rights and, as the case may be, distrainable debit of pieces of work or infringement of proprietary rights of the author and/or third parties represented and/or Sucré Salé.
No transfer of title to the pictures is granted upon entering into of this license and the authors and successors in title remain the holders of proprietary rights and original media of the pictures.
WARRANTY AND LIMITATION OF LIABILITY
Provided that the pictures are used in accordance with this agreement and the provisions of the invoice, Sucré Salé grants to the beneficiary of the license the following warranties:
The numerical or physical medium of the picture is exempt from any material defects. In case of a defect, Sucré Salé will replace the medium delivered at no cost.
Sucré Salé holds the right to grant licenses to use the pictures and the rights granted by Sucré Salé do not infringe any of the author’s rights and/or third parties or goods represented as indicated in this agreement and subject to the specific content of the invoice.
Except for any express reference on the pages of presentation of the pictures on Sucré Salé’s website and/or the invoice, the authorisations from third parties or goods represented have been obtained by Sucré Salé.
No other express or implied warranty, of any kind, direct or indirect, is given upon entering into of this license, including without limitation, any warranty related to the results or the performance of the picture.
Provided that the beneficiary of the license uses the pictures under the terms of this agreement and as specified in the invoice, Sucré Salé will defend, indemnify and protect the beneficiary against any damage arising out of the disputes in relation to the author’s right excluding any other dispute. The beneficiary of the license will tackle itself, without any possible action against Sucré Salé, any other dispute and undertakes to indemnify and protect Sucré Salé and its staff against any damages and ancillary expenses arising out of such dispute.
The beneficiary of the license undertakes to indemnify and protect Sucré Salé against all damages and ancillary expenses arising out of a prohibited use of a picture or the non-compliance with this agreement.
In case of a dispute about the use of the pictures, IPA will be able to appoint a third party to inspect, during normal business hours in the premises of the beneficiary, and obtain a copy upon mere request of all documents relating to the use of the pictures in accordance with this agreement and the invoice.
ELECTRONIC STORAGE OF THE PICTURES
The beneficiary may download the pictures, which are the subject of this agreement, only on one (1) hard drive or another computerised medium and will not be able to manufacture, use or distribute copies for other purposes than those defined by this agreement and on the invoice. The beneficiary is however entitled to make one (1) safeguard copy of the pictures and to provide, under its full responsibility, a copy thereof to the third parties involved in the use in accordance with this agreement and the invoice. It may not put these pictures at the disposal of other users in a network configuration or through the sharing of a file.
After expiry or termination of the license, the beneficiary of the license will have to destroy immediately the computerised media in its possession or in the possession of third parties under i