WAMHOUSE is a name of a firm incorporated in Poland and www.pimeku.com is a registered domain belonging to WAMHOUSE.
This is a binding legal agreement between the Licensor – WAMHOUSE and the Licensee - you , or, if you make this agreement on behalf of your employer or end client, the same rights, limitations and restrictions apply to your employer or end client.
Please read this license agreement carefully before downloading the Digital Files. By downloading the Digital Files, you agree to be bound by the terms of this license agreement.
“Digital Files” means any still images, moving images, animations, films, videos, footages or other visual representations, downloaded from a website belonging to WAMHOUSE and being purchased from WAMHOUSE.
All Digital Files on WAMHOUSE website is protected by Polish and international copyright laws and treaties.
Grant of Rights
By this Agreement, Licensor grants you as Licensee a non-exclusive, non-transferable, right to use, modify and reproduce the Digital Files by incorporating it into a derivative work such as a feature film, documentary, videogram, multimedia presentation, advertisement, print project, live performance and/or internet website and displaying and/or distributing that derivative work by any means now known or hereafter developed. Thus you are entitled to incorporate the Digital Files into a promotional materials, packaging, product for sale, web page design, and publication.
You are not purchasing the rights to the Digital Files, only the right to use them in described above manner. Licensor still retains all copyright to the Digital Files and as such is protected by copyright law.
Restrictions
You may not use the Digital Files other than as specified above in this license agreement.
You are not permitted to use the Digital Files for any of the following under this license:
- redistribution, resale, sub-licensing or re-licensing of Digital Files on website or other electronic media such as CD, DVD, Memory Device, etc;
- Digital Files may not be used, either unmodified or modified, in any manner which may be deemed fraudulent, defamatory, racist, pornographic, obscene or in any way contrary to the laws of the country or countries where the Digital File is to be use;
- any usage which may cause potential hurt or damage to any individual, property or brand name displayed in the Digital Files.
Anything you produce using the Digital Files must be for your own use, or for the use of your employer, client or customer, who must be the end-user of your work.
Fees and payments
In exchange for Licensee's usage of Digital Files Licensee agrees to pay to Licensor a license fee in advance in the amount quoted by Licensor.
Royalty Free means that you only pay for this license once, without time limit, and without limits on where and how many times you use the Digital Files as long as it is for the same end client or project.
No additional license fees need to be paid. This Royalty Free license does not grant you any rights to exclusive use of the Digital Files. If you require exclusive or semi exclusive use, please contact Licensor.
Your rights to use any Digital Files are subject to this license agreement and are conditioned upon your payment to Licensor for your use of the Digital Files.
Licensor shall be under no obligation to refund any fees paid by you for Digital Files under any circumstances.
Digital Files Credits
In applications or publications where copyright holder is normally credited, credit must be given to the Licensor.
No Warranty
If an Digital File contains identifiable people, property, brand names, etc the Licensor will indicate whether has a release form on file for this Digital File. If the Digital File does not indicate a release is present you should assume no release exists. In this case Licensor makes no representation or warranty with respect to the use of names, trademarks, logos, registered or copyrighted designs or works of art depicted in any Digital Files, and Licensee must satisfy themselves that all necessary rights, model releases, consents or permissions as may be required for Licensee's intended usage are secured.
Limitation of Liability
Under no circumstances the Licensor will be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use the Digital Files.
As Licensor has no control over the end use of the Digital Files, the Licensor assumes no liability, nor will accept any claims of damages for improper, illegal or disputed usage of any Digital Files you purchase.
In any event, the limit of liability of the Licensor, shall be the fee paid for the Digital Files to Licensor.
Usage Restrictions
Some Digital Files contain usage restrictions. In such cases these restrictions will be clearly shown on the website. You will also be required to acknowledge these restrictions prior to ordering. Any restrictions listed are on top of the basic restrictions listed in this license agreement. By purchasing this license you acknowledge these additional restrictions (if any) and assume all responsibility for abiding by the terms of these additional restrictions.
Termination
This license agreement will terminate automatically without notice from Licensor if Licensee fails to comply with any provision of this license agreement. Upon termination, Licensee must immediately stop using the Digital Files, return the Digital Files and all its copies to the Licensor, delete the Digital Files and all copies from all magnetic and digital media, and destroy all other copies.
General Provisions
If any provision of this license agreement is found illegal or unenforceable, the legality and enforceability of the other provisions of the agreement will not be affected.
Licensee shall not assign or transfer its rights or obligations under this license agreement without the prior written consent of Licensor, which consent may be arbitrarily withheld.
For purposes of this license agreement, the singular includes the plural and vice-versa.
This license agreement shall be governed by and construed according to the laws of Poland. The parties agree that the forum for all disputes concerning this license agreement must be located in Warsaw, Poland. Any and all disputes arising under this license agreement shall be settled by relevant public courts in Warsaw, Poland.
