STOCK4B-RF END USER LICENSE AGREEMENT FOR ROYALTY-FREE IMAGES
This is a legal agreement between You ("YOU") and STOCK4B GmbH (STOCK4B). Please read this agreement
carefully. By downloading a Royalty Free image or a collection of Royalty Free images (CD) from this website,
You agree to be legally bound by the terms and conditions of this agreement. If You do not agree with the
terms and conditions of this agreement, do not download the images. This agreement is between You and
STOCK4B and is effective on the date that You download Royalty Free images.
If You are entering into this agreement on behalf of your employer, this license and all the terms and conditions
herein apply to both your employer and yourself as a representative of your employer, who shall herein be
collectively referred to as "YOU". If You cease to be employed by your employer for any reason, this agreement
will continue with your employer and you must enter into another agreement with STOCK4B in order to
continue to use the images.
All images are copyrighted and all rights to these images are owned by STOCK4B. All rights that are not
specifically granted to "YOU" by this agreement are reserved. Your right to use any of our images is subject to
your full payment of the license and the restrictions set forth in this agreement.
1. GRANT OF LICENSE
1.1 Subject to the terms and conditions of this Agreement, STOCK4B grants to You a non-exclusive,
non-transferable license to use each Royalty Free Image or Royalty Free CD ("Images") that you
have purchased, on a worldwide and perpetual basis, for your own commercial or non-commercial
use or for your direct clients, but only as set out below, and not for any other purposes.
1.2 You may use the Images as part of advertising and promotional materials (including
advertisements, brochures, books, company newsletters, company reports, packaging and
presentations); online or other multimedia content (including online advertisement and web page
design) provided that no Image is at a resolution greater than 72 dpi and cannot be downloaded
or copied by any third party; publishing; materials for non-commercial use, personal use, sample
use and test use, including comps and layouts. All other uses have to be approved in writing by
1.3 You may create a digital library, network configuration, or similar arrangement to allow the
Images to be used by employees and your direct clients provided however that the use of the
Images is limited to no more than 10 such individual users. This is not a simultaneous user
agreement. You must contact STOCK4B to obtain an additional license for each additional user
prior to any use by such user.
1.4 All rights not specifically granted above are retained by STOCK4B. This Agreement is a license
and is not a sale. You may own the media on which the Images are stored, but STOCK4B at all
times retains ownership of the Images and all rights in the images, which are protected by
German copyright laws, international treaty provisions and other applicable German and
international laws. You hereby acknowledge that STOCK4B is the exclusive owner or licensee of
the images and any and all intellectual property rights in and to the Images. You may be held
legally responsible for any copyright infringement that is caused or encouraged by your failure to
comply with this Agreement.
2. LICENSE RESTRICTIONS
2.1 The rights hereby granted are non-transferable. Whoever uses the Images is the end user of the
Images. 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 be bound by this Agreement.
2.2 STOCK4B does not grant to You any right to sublicense, re-license, rent, resell or lease any of the
Images to third parties. Nor can You assign, convey, dispose of, gift, lease, rent, sublicense, sell,
or otherwise transfer any of the rights granted to You under this Agreement.
2.3 You may not make any use of the Images in whole or in part that is not expressly provided for in
2.4 You may not use, or allow anyone else to use any Images, in whole or in part, for or in
association with any pornographic purposes, or in any manner which is or could be considered to
be libelous or defamatory, fraudulent, infringing or otherwise unlawful, or that in any way is or
could be potentially unflattering or controversial for the model in the Image.
2.5 You may not use Images featuring a model in a manner that would imply that the model
personally endorses or uses a product or service.
2.6 Advance written permission is required for use of Images featuring a model if the depiction of the
model is used in connection with “Sensitive Issue” subjects, including, but not limited to subjects
such as contraception, sexual or implied sexual activity, sexual preferences, dating services, chat
lines, substance abuse, physical or mental abuse, violence, poverty, homelessness, dysfunctional
family matters, alcohol, tobacco, AIDS, cancer or other serious physical or mental ailment or
disability or serious physical or mental disease or any diagnostic test for same.
2.7 You may not use Images in any products for sale or license where the primary value resides in
the Product itself, including retail t-shirts, posters, calendars and postcards. (If you would like to
use an Image for such purposes, please contact firstname.lastname@example.org to obtain a commercial
2.8 You may not use as or incorporate an Image in a logo, trademark or service mark or infringe on
anyone's trade name, service mark or trademark.
2.9 You may not use an Image in any template or application, whether online or not, with the
purpose of creating multiple impressions of an Image, including but not limited to: website design
templates, presentation templates, electronic greeting cards, business cards, e-business cards, or
any other electronic or printed matter (If you would like to use an Image for such purposes,
please contact email@example.com to obtain a commercial license.)
2.10 You may not use, make available for use, transfer, license, sell or otherwise distribute an Image
in such a manner that a person can extract or access the Image as an electronic file, including
posting an Image online in a downloadable format, FTP or other digital format, posting an Image
on any electronic bulletin board or network, or using an Image in electronic greeting cards. You
hereby agree to take all commercially reasonable steps to prevent third parties from duplicating
or distributing the Images.
3.1 You agree to retain the copyright notice of STOCK4B and its licensors and STOCK4B's Image
identification code as displayed on the Image and as included as part of the electronic file.
3.2 You agree to use the Image in compliance with all applicable laws, including, but not limited to,
laws and regulations relating to copyright and moral rights.
3.3 You agree to provide a credit next to any Image used in an editorial manner as follows:
4. TERM AND TERMINATION
4.1 The license granted herein is a perpetual license that will only terminate as set out below. This
Agreement will terminate automatically and without notice from STOCK4B if You breach, or fail to
perform or observe, any covenant, condition or provision of this Agreement. STOCK4B reserves
the right at any time to terminate this Agreement in regard to the Images or select Images for
any reason whatsoever and elect to replace such Images with alternative Images.
4.2 Upon termination of this Agreement, or this Agreement in respect of a particular Image or
Images, You (i) agree to cease all use of the Image or Images and any CD or other media
containing such Images provided to You; (ii) return all CDs or other media provided to You
containing the Images; (iii) destroy or delete all Images stored on any premises, computer, hard
drive, digital media or other facilities or storage devices (electronic or physical), including all
copies of the Images and CD or other media; (iv) ensure that your clients and customers cease
all use of the Images.
You agree to indemnify, defend, save and hold STOCK4B and its licensors and contributors and its
resellers, harmless from and against any liability, cost, fee, expense, loss, judgment, claim or damage
claimed by any third party (including reasonable legal fees) arising or resulting from any breach, violation
of, or failure to fulfill, any representation, warranty, covenant or agreement made herein by You or arising
out of any use of Images provided to You, including from the use of Images in breach of this Agreement;
The use of Images otherwise than in accordance with the rights granted to You herein; The use of Images
in such a manner that violates or infringes any right of another person, including the use of Images without
appropriate model releases, consents or waivers of moral rights, as may be required or desirable or
necessary for such use; and the unauthorized use by any third party to which You may have supplied
Images provided by STOCK4B.
6. WARRANTY AND DISCLAIMER
STOCK4B warrants that it has all necessary rights and authority to enter into and perform this Agreement;
STOCK4B warrants the digital copy of the Images in the form duly purchased by You to be free from
technical defects ninety (90) days from the date of purchase. The sole and exclusive remedy for a breach
of the foregoing warranty is the replacement of the digital copy of the Images. STOCK4B shall not be liable
if defects arise as a result of any modification, variation or addition to the Images not performed by
STOCK4B or caused by any abuse, corruption or incorrect use of the Images with equipment or software
which is incompatible.
Otherwise, all Images and media provided to you by STOCK4B are provided "as is" without any warranties
or conditions of any kind. STOCK4B makes no representations with respect to any Images, and, to the
maximum extent allowed by applicable law, disclaims all representations, warranties, guarantees and
conditions of any kind, express and implied, regarding the Images, including without limitation, all
representations, warranties, guarantees or conditions regarding non-infringement or other non-violation of
rights, suitability, quality, merchantability or fitness for any particular purpose. Some jurisdictions do not
permit the exclusion of implied warranties, and so the foregoing may not apply to you
It is a condition of this Agreement that you obtain all the necessary rights, model releases or consents as
may be required for reproduction and use of the Images. STOCK4B makes no warranties with regard to the
use of names, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or
architecture depicted in any Images and STOCK4B gives no warranty as to the accuracy or authenticity of
the Images or any description of them or the identification of persons, objects or scenes appearing in them
and shall not be liable to You for any of the foregoing. You are responsible for examining any digital file
before effecting reproduction. STOCK4B and its licensors shall not be liable for any damage suffered by you
or any third party arising from any defect or alleged defect in any digital file or its metadata or in any way
from its reproduction.
The representations and warranties made by STOCK4B in this Agreement apply only to the licensed
material as delivered by STOCK4B and its licensors and will be invalid if the licensed material is used by
licensee in any manner not specifically authorized in the Agreement or if licensee is otherwise in breach of
7. LIMITATION OF LIABILITY
Neither STOCK4B nor its licensors shall be held liable for any indirect, consequential, punitive, exemplary
or incidental damages arising out of, or the inability to use, the Images, even if STOCK4B has been advised
of the possibility of such damages. STOCK4B's liability to You shall not exceed the amount you originally
paid for the Images.
8. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Germany applicable
therein and shall be treated in all respects as a German contract. The application of the United Nations
Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded and
this Agreement will not be governed by that Convention.
9. ENTIRE AGREEMENT
This Agreement supersedes all prior representations, arrangements, negotiations, understandings and
agreements between the parties, both written and oral, relating to the subject matter hereof and sets forth
the entire, complete and exclusive agreement and understanding between the parties hereto relating to the
subject matter hereof. This Agreement may only be amended by written agreement. Such provisions of
this Agreement that, by their nature, would be expected to survive termination of this Agreement shall
survive any such termination. You shall not assign this Agreement in whole or in part without STOCK4B’s
approval. STOCK4B may assign this Agreement without your approval.
In the event of any breach of this Agreement by You, You agree to indemnify STOCK4B and hold STOCK4B
harmless against all claims arising out of any breach by You of this Agreement.