|Registration System:||CLink™ Registry|
|Registrar:||CLink Media, Inc.|
PARTIES AND IDENTIFIERS
LICENSE: Licensor owns or has the authority to license rights in the standalone media – image (“Creation”) identified by the Creation Identifier as of the Date indicated above. Licensor grants Licensee a Worldwide, Non-exclusive, Royalty-Free, Revocable license to use the Creation subject to the following terms and conditions. This License is delivered to the Licensee accompanied by an authorized copy of the Creation (in whole or part) and metadata (collectively “Delivered Creation”).
OTHER PERMISSIONS (“[tick]” means operation is allowed)
CLink ™ plug-in – refers to the CLink Media, Inc. plug-in for the specified Content Management System.
Creation – the material that is the subject of this License. A Creation is a work created by the original Creator and fixed in a medium such that it can be can be perceived, reproduced, or communicated for more than a short time. Examples of Creations include: literary works including computer programs and compilations; musical works, including any accompanying lyrics; dramatic works, including any accompanying music; pantomimes and choreographic works; pictorial, graphic, and sculptural works; motion pictures and other audiovisual works; sound recordings resulting from the fixation of a series of musical, spoken, or other sounds; and architectural works. Properties or parts of the Creation may be described by metadata. The metadata may be embedded in the digital image or delivered with the digital image.
Creation ID – an identifier uniquely identifying the Creation within the CLink™ Registry.
Creator – the author of the Creation.
Creator ID – an identifier uniquely identifying the Creator within the CLink™ Registry.
Delivered Creation – refers to the Creation as delivered (in whole or part) via the CLink™ plug-in system. The term “Creation” may refer to either the Referent Creation or the Delivered Creation except where the context dictates otherwise.
License – permission to use the Creation within the constraints imposed by this License.
Licensee – the person receiving selected copyright-related rights in the Creation. The rights conveyed are subject to the terms and conditions in this license.
Licensee ID – an identifier uniquely identifying the Licensee within the CLink™ Registry.
Licensor – the person conveying selected copyright-related rights concerning the Creation. The rights conveyed are subject to the terms and conditions in this License.
Licensor ID – an identifier uniquely identifying the Licensor within the CLink™ Registry.
Metadata – refers to data describing the Creation. Metadata may include descriptive and structural metadata. Examples of descriptive metadata for image media includes headline, description, and keywords.
Non-exclusive – means the Licensor may grant permission for others to use the Creation. The grant of a non-exclusive license does not grant the Licensee any right to exclude others from use of the Creation.
Object Registry – a registry which utilizes unique identifiers to track the origin and use of the Creation.
Referent – depending upon context this term may also be used interchangeably with “source”, “original”, “Licensor”, “Creation”, or “Creator”.
Referent Creation – refers to the Creation as it exists from the Referent. Due to idiosyncrasies with the applications and platforms used to deliver the Creation, the Delivered Creation may not be identical to the Reference Creation.
Revocable – means the License may be revoked.
Royalty-free – means the Licensee is not required to pay the Licensor for use of the Creation within the terms and conditions of this license.
The license of Licensor’s interest in the Creation is subject to the terms set forth herein.
A. Moral Rights not Waived
This License is not a waiver of moral rights in the Creation including any right of the author or Creator of the Creation to be identified (attribution), the right to object to changes in the Creation (modification), or the right to object to the manner of presentation of the Creation (presentation). Licensor reserves all rights the Licensor may have and does not waive any right to terminate the License on moral rights grounds.
The License terminates automatically if Licensee fails to adhere to the following conditions or restrictions.
A. Modification of Delivered Creation
The Licensee is not permitted to modify the Delivered Creation except as provided pursuant to this License. The Licensee may crop, flip, rotate, and scale the image. Unless a metadata property is selected as modifiable in the Image Options, this License does not permit modification of said metadata property. If a metadata property is selected as modifiable in the Other Permissions, this License permits modification of said metadata property.
B. No Distribution Right
A distribution right is a right to distribute copies of the Creation to the public by sale, rental, lease, or lending. This License does not convey or grant any license to distribute copies of the Creation by sale, rental, lease, or lending.
C. Limited Modification Right
A modification right is a right to modify the Creation to create a new work. A new work based on the Creation is known as a “derivative work.” This License does not convey or grant any license to modify the Creation to create a new work except as described in this section and subject to moral rights. The Licensee may crop, flip, rotate, and scale the image to create a new work. Unless a metadata property is selected as modifiable in the Image Options, this License does not permit modification of said metadata property. If a metadata property is selected as modifiable in the Other Permissions, this License permits modification of said metadata property.
D. Limited Reproduction Right
The reproduction right is the right to copy, duplicate, transcribe, or imitate the Creation in a tangible or fixed form. This license only permits Licensee to reproduce the Creation (including the Creation as may be modified) subject to the terms and conditions in this License.
E. Limited Public Display Right
A public display right is a right to show a copy of the Creation directly or by means of a film, slide, or television image at a public place or to transmit it to the public. Licensee is permitted a right to display the Creation (including the Creation as may be modified) subject to the terms and conditions in this License.
IV. REVOCATION AND TERMINATION
Failure to comply with the conditions of this License results in automatic termination of the License.
Failure to comply with the terms of this License (other than the conditions) may result in revocation of the license at the discretion of Licensor.
If any provision of this License or the application thereof to any Person or circumstance is determined by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions hereof or the application of such provision to Persons or circumstances or in jurisdictions other than those as to which it has been held invalid or unenforceable, shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
VI. LIMITED RIGHTS TO REGISTRAR
Licensor grants Registrar a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of the Creation as needed to deliver the Delivered Creation to Licensee. This means, for example, that Licensor grants Registrar permission to copy, store, and deliver the Creation in whole or part in order to manage delivery of the Delivered Creation to the Licensee.
The Licensor, Licensee, and Registrar are intended beneficiaries of this License.
VIII. OTHER TERMS/WARRANTIES
Although this License grants you certain rights to the use of the Creation within a specified Content Management System and it is intended that the automated delivery of content facilitate such use, Licensor does not warrant that the Delivered Creation is a complete copy of the Creation. The License (and rights Licensee may have) may be broader than what is received by automated delivery. The limitations of automated delivery are not intended to limit the Licensed use. Pursuant to the License you may manually transfer any portion of the Creation that was not delivered via automatic delivery.
This License is not intended to limit your rights to use the Creation pursuant to other statutory, common law, or contractual rights. For example, you are not required to comply with the License limitations for elements of the Creation already in the public domain or where your use is already permitted by statute, common law, contract, or other applicable exception or limitation. Nothing in this License is intended to limit or restrict i) any use free from copyright or ii) rights arising from limitations or exceptions provided in connection with copyright protection under copyright or other applicable law.
No warranties are given. This License may not give you all of the permissions necessary for your intended use. For example publicity, privacy, moral, or attribution rights of the Licensor or Creator(s) may limit the manner in which you may use the material.
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE CREATION AS-IS AND MAKES NO EXPRESS, IMPLIED, STATUTORY, OR OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE.
EXCEPT TO THE EXTENT ALLOWED BY LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE CREATION