NON- EXCLUSIVE COPYRIGHT LICENCE
VISUAL WORKS – ONLINE USE
This LICENCE is made BETWEEN:
LEVENT EFE PTY LTD A.C.N.117 527 965 a corporation registered under the laws of Victoria, Australia of PO Box 533 Brunswick Victoria
as the “Licensor”
the person or entity on whose behalf the person has entered this agreement by signifying their acceptance of these terms and conditions attached to the website www.medicalartbank.com
as the “Licensee”
And the parties agree as follows:
1. In consideration of the Licensee fulfilling its obligations set out in this Agreement, the Licensor grants the Licensee a non-exclusive right to publish, reproduce in digital form and communicate the Licensed Works via its Networks to the public for the purpose of providing free public access to the Licensed Works including (but not limited to) the reproduction for the purpose of communication of the Licensed Works for advertising or previewing, or for educational purposes.
2. The Licence applies worldwide.
Licensor’s Warranty and Indemnity
1. The Licensor warrants that the Licensed Work is original and does not infringe the copyright of any third party; AND
2. The Licensor agrees to notify the Licensee of any change of address or contact details for The Licensor or any entity to which the Licensee is obliged to give notice under this Agreement within 14 days of the Licensor becoming aware of such change.
Manner of website publication/reproduction/communication
Low Resolution Images
Where publication, reproduction and electronic communication of the Licensed Works is licensed for Low Resolution in accordance with this Agreement, the Licensee and its Service Provider may make, store and post on a Networks digital images of the Licensed Work such that images of Licensed Works will be
reproduced suitable for screen-based viewing, but not reproduction quality
High Resolution Images
Where the Licensee has purchased a licence of a High Resolution image in accordance with this agreement, the Licensor grants the Licensee the non-exclusive licence:
(a) to reproduce hard copy images in physical form and to transmit the necessary files solely for the purpose of printing those high resolution images; and
(b) to make available high resolution images for internal use of the Licensor on its Networks; and will take all reasonable steps to ensure that its internal networks are accessed only by authorized officers, members, employees, servants or agents of the Licensee but may not be downloaded or transmitted by them.
No Merchandising/ 3-D Reproduction etc.
The Licensee must not use or display any Licensed Work for the purpose of manufacture or sale of any two-dimensional or three-dimensional object including, without limitation, models, posters, works of artistic craftsmanship, utilitarian objects such as mouse-mats, t-shirts, mugs or any other object whatsoever.
3. Permitted Back-ups
The Licensee and its Service Provider may make such backup copies of the digital images of the Licensed Work as may be necessary to use the digital images in accordance with this Agreement.
4. Control of Digital Images
The digital images must at all times remain in the custody, control or power of the Licensee and its agents and the Licensee shall not store digital images of the Licensed Works on any database, product incorporating a database or similar information retrieval system which is not controlled by the Licensee or its agents.
Copyright and moral rights
5. The Licensee acknowledges that copyright in the Licensed Work is and remains the property of the Licensor and that the Licensed Work must only be used or dealt with by the Licensee as provided in this Agreement.
6. The Licensee will ensure that all Licensed Uses by the Licensee will identify the Licensed Work as follows:
a. artist’s name;
b. title of work;
d. symbol © accompanied by Dr Levent Efe, CMI, Australia;
7. The Licensee agrees not to substantially crop, overprint or otherwise alter the appearance of the Licensed Work in any reproduction, publication or communication unless reasonable in the circumstances or in accordance with industry practice, except with prior permission from the copyright owner.
8. The Licensee agrees to respect the moral rights of the Licensor in accordance with this Agreement and will make such alterations to the manner or context of presentation of the work as is reasonably requested by the Licensor
9. The Licensee will maintain a copyright notice on its Networks explaining in clear language that works in the Collection are protected by copyright law and advising that the content of Networks or any part of them may not be:
a. posted to any other website;
b. modified, republished, distributed, reproduced or communicated in any form;
c. used for any public performance or display including transmission over a network;
d. reproduced in any form including without limitation, the extraction and/or storage in any retrieval system or inclusion in any other computer program or work (except as is incidental to viewing the Licensee website) except where such use amounts to ‘fair dealing’ within the meaning of Division 3 of Part 1 of the Copyright Act.
Protection against third party infringement
10. The Licensee will notify the Licensor of any infringement by third parties of which it knows or becomes aware in relation to the Licensed Work and will provide the Licensor with information available to the Licensee concerning any infringement.
11. The Licensee will introduce in all computer files embodying the Licensed Works and maintain such technological protection measures and rights management information as it may consider necessary or appropriate from time to time in addition to the minimum requirements specified in this Agreement.
12. The Licensee will provide any information reasonably requested by the Licensor concerning technological protection measures and rights management information in connection with the Licensed Works and will liaise as necessary in good faith to adopt common protocols for the formulation and use of such measures and such information.
13. The Licensee will take all reasonable steps to observe the copyright notice requirements of section 104B of the Copyright Act and the Licensor acknowledges that:
(a) whilst the Licensee will place the Licensed Work on its Networks in accordance with this Agreement, the Licensee cannot and does not warrant that the users of the Networks will comply with the Copyright Act; and
(b) the Licensee will not be liable to the Licensor for any breach of the copyright in the Licensed Work and/or any infringement of moral rights by third parties unless the breach by a third party is caused by the Licensee’s failure to comply with this Licence or the duties imposed upon users of copyright material imposed by law.
Third party requests concerning Licensed Work
14. The Licensee will ensure that any person or organisation outside the Licensee requesting access to High Resolution files of the Licensed Work for reproduction outside of the fair dealing provisions of the Copyright Act will be referred to the Licensor to obtain copyright permission
15. The Networks will include a link to the Licensor’s website to assist third party inquiries concerning copyright clearance.
Renewal and Termination
16. This Agreement may be amended or terminated in writing signed by both parties.
17. The Licence may be terminated by either party after at least 14 days prior notification in writing, if either party fails to comply with the provisions of this Agreement.
18. Both parties agree that they will not instigate proceedings in any dispute arising under this Agreement without first attempting to mediate a resolution to the dispute with the assistance of a mediator appointed by the parties’ agreement.
19. This Agreement constitutes the entire agreement between the parties and replaces any previous agreement between them relating to copyright in the Licensed Work for use on the Networks.
20. This Agreement will be read and construed according to the laws of the State of Victoria and the parties agree to submit to the jurisdiction of that State.
21. If any provision of this Agreement is held by a court to be unlawful, invalid, unenforceable or in conflict with any rule of law, statute, or regulation, the validity and enforceability of the remaining provisions will not be affected.
22. In this Agreement, except where the context otherwise requires:
(a) the meaning of general words is not limited by specific examples introduced by ‘including’, ‘for example’ or similar expressions;
(b) a reference to ‘A$’, ‘$A’, ‘dollar’ or ‘$’ is to Australian currency; and
(c) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this Agreement or any part of it.
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