All content has been moved CG-Source.com!
If you have made any purchases on HDRi-Locations.com you can find your order, files and invoices on CG-Source.com
You user account has been moved over to CG-Source.com if you already had a user on CG-Source.com then that is the user and password you should use.
If you have any question don't hesitate to contact us on info@hdri-locations.com
| "Agreement" | Means this content and image licence agreement |
| "Image" | Means each individual image, film, video, footage, visual representation or file downloaded from the Website by the User which comprises all or any part of the Content |
| "Content" | Means any (and all) and any element of images, including backplate images and HDRi images whether generated optically, electronically, digitally or otherwise including without limitation negatives, transparencies, film imprints, prints original digital files, or in any media or other material that the User downloaded or purchased from the Website together with any accompanying material and licensed to the User by Firsteye under the terms of this Agreement. |
| "Order" | Means the image order form, identified as such on the Website, used by the User to place an order for Content. |
| "Permitted Use" | Means the permitted use of the Content set out in clause 3 |
| "User" | Means any person who downloads the Content from the Website |
| "Website" | Means www.hdri-locations.com |
| 2.1 | Firsteye hereby grants to the User a non-exclusive royalty free restricted licence to use the Content in accordance with the terms and conditions set out in this Agreement. |
| 2.2 | You may only use the Content for those specified purposes which are Permitted Uses (as defined below). Any use of the Content that is not a Permitted Use shall constitute infringement of copyright. |
| 2.3 | The licence set out in clause 2.1 above is subject to the following conditions: |
| 2.3.1 | Only the User is permitted to use the Content although the user may transfer files containing the Content to its clients (Commercial license only), printers, or ISP for the purpose of reproduction for the Permitted Uses, provided that such parties shall have no further or additional rights to use the Content and cannot access or extract it from any file provided to them. |
| 2.3.2 | User may install and use the Content in only one location at a time save as to the exception in clause 2.3.3/2.3.4. |
| 2.3.3 | User may physically transfer the Content and its archives from one location to another, in which case the Content may be used at the new location instead. If the Content is required to be in more than one location or accessible by more than one person, it must be downloaded from Firsteye for each such location/use. |
| 2.3.4 | User may make a maximum of one (1) copy of the Content solely for back-up purposes, and the User must reproduce all proprietary notices on this single back-up copy. |
| 2.3.5 | User uses the Content strictly in accordance with the terms of this Agreement. |
| 3.1 | The User may use the Content for the following purposes:- |
| 3.1.1 | Advertising, promotional and marketing; including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards. (Permitted only with purchase of commercial license) |
| 3.1.2 | Education (non-profit making). |
| 3.1.3 | Non-commercial publications; including on–line or electronic publications, including web pages. |
| 3.1.4 | Non-commercial illustration. |
| 3.1.5 | Entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations. (Permitted only with purchase of commercial license) |
| 3.2 | The Content shall not be used otherwise than in accordance with the terms of this Agreement. |
| 4.1 | The User shall not: |
| 4.1.1 | sub-licence, sell, assign or transfer this Licence nor any of the Content; |
| 4.1.2 | allow any reproduction of the Content save as authorised as a permitted under clause 3 of this Agreement; |
| 4.1.3 | display or use any of the Content on or within any products for onward sale, licence or profit making or commercial purpose. |
| 4.1.4 | represent itself as being the original creator, owner or exclusive licensee of the Content; |
| 4.1.5 | incorporate any of the Content in any logo, trade mark, service mark, device or design; |
| 4.1.6 | modify, reverse engineer, reconfigure, decompile or disassemble any part of the Content. |
| 4.1.7 | use any part of the Content in any way which could reasonably bring Firsteye into disrepute. |
| 4.1.8 | integrate any part of the Content to create content or images which could at the complete discretion of Firsteye be deemed to be; |
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i) harmful to others ii) unflattering iii) pornographic iv) defamatory v) offensive vi) or otherwise unlawfu |
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| 4.1.9 | use or allow or omit to prevent any of the Content to be used otherwise than in accordance with the Permitted Uses; |
| 4.1.10 | save as to clause 2.1 allow any person to use the Content; |
| 4.1.11 | use the Content in a way which would or could breach the rights of any third party; |
| 4.1.12 | post a copy of the Content on a network server or web server for use by other users; |
| 4.1.13 | use or display the Content in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement; |
| 4.1.14 | use the Content as the main motive in any type of publication, whether electronically or physically. All Content and Images is/are to be used as background motives into which the main motive is to be inserted. Failure to comply with this clause (and subsequently the Danish Copyright Act § 24) may be met with claims for compensation, remuneration and/or damages according to applicable law. |
| 5.1 | All intellectual property rights in and connection with the Content (including without limitation Firsteye trademark and trade name) shall belong to Firsteye absolutely and save as set out under the terms of the licence granted under this Agreement no copyright or other intellectual property rights shall vest with the User. |
| 6.1 | If the User is in breach of sub clauses 2.3 Firsteye reserve the right to terminate this Agreement. |
| 6.2 | If the User uses the Content for any commercial and/or profit making purpose the User shall be liable to account to Firsteye for the royalties it would have received had Firsteye granted a Royalty Licence to the User. |
| 6.3 | At all times throughout the term of this Agreement Firsteye reserves the right to make enquiries of the use of the Content by the User and the User hereby agrees to fully co-operate with Firsteye in any investigation and the User shall promptly provide full details of any financial and other relevant information requested by Firsteye for this purpose. |
| 7.1 | Firsteye hereby warrants that it has made every effort to ensure that the Images are freely available for use by the User and free from any third party claims or restrictions however it does not warrant that the Content is free from any such third party claims and restrictions. |
| 7.2 | The User hereby acknowledges that by downloading any Image from the Website it accepts that claims or restrictions may be made or imposed on the User by any third party who has any proprietary right in any Image or the Content and that any Permitted Use of such material is subject to any third party proprietary rights. |
| 7.3 | Firsteye shall not be liable to the User for any direct or indirect consequential losses (which shall include without limitation direct and indirect costs and expenses incurred as a consequence of using the Content and loss of time) which the User may suffer or incur as a result of any claims, requests or restrictions (including without limitation any request to cease using any Image or the Content by Firsteye or any third party) imposed in connection with the use of the Content. |
| 7.4 | In the event of any dispute by any third party regarding the use of the Content Firsteye shall be entitled to divulge the identity of the User to any third party who obtains a court order or other such direction for the release of such information by Firsteye. |
| 7.5 | Firsteye may in its absolute discretion offer any similar alternative Content free of charge to the User in the event that the original Image or Content downloaded from the Website is withdrawn by Firsteye or any third party. |
| 7.6 | Firsteye’s entire liability under this Agreement shall be limited to the price paid for the Content. |
| 8.1 | This Agreement is effective until it is terminated. The User can terminate this Agreement by destroying the Content, along with any copies or archives of it and ceasing to use the Content for any purpose. |
| 8.2 | The Agreement also terminates without notice from Firsteye if at any time the User fails to comply with any of its terms. Upon termination, the User must immediately: |
| 8.2.1 | cease using the Content for any purpose; |
| 8.2.2 | destroy or delete all copies and archives of the Content; and |
| 8.2.3 | if requested, confirm to Firsteye in writing that it has complied with these requirements. |
| 8.3 | Firsteye reserves the right to elect at a later date to revoke or amend the license granted by this Agreement and replace the Content with an alternative for any reason. The User agrees not to use the replaced Content, and to take all reasonable steps to discontinue use of the replaced Content, which already exists. |
| 9.1 | The User hereby agrees that it will fully comply with any requests or restrictions made or imposed by any third party in connection with the use of any Image or the Content and the User shall indemnify, keep indemnified and hold harmless Firsteye against any and all claims, damages, costs, expenses, penalties and fines that Firsteye may suffer or incur as a consequence of the User’s failure to fully comply with any requests, demands or restrictions made or imposed by any third party in connection with the use of any such Image or Content. |
| 9.2 | The User agrees to indemnify, defend and hold Firsteye, its affiliates, its content providers and their respective directors, officers, employees, shareholders, partners and agents (collectively, the “Firsteye Parties”) harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable legal fees on a solicitor and client basis) incurred by any Firsteye Party as a result of or in connection with any breach by the User or anyone acting on the User’s behalf of any of the terms of this Agreement. |
| 10.1 | This Agreement shall be governed by the laws of Denmark and any dispute in connection with this Agreement shall be submitted to the exclusive jurisdiction of the Danish courts. |
| 11.1 | If any one or more of these provisions contained in this Agreement are found to be unenforceable in any respect the validity of the remaining terms shall remain in full force and effect. |
| 12.1 | The contents of this Agreement constitute the entire agreement between the parties hereto. |
| 13.1 | If the User has any concerns relating to this Agreement contact Thomas Suurland at info@hdri-locations.com. |
