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Adult Web Content License Agreement
This License Agreement (this “agreement”) is made effective as of , 200X, between Eye Candy Photo Inc. ™ PO Box 19650, Vancouver, B.C., Canada, V5T 4E7, a Canadian Company and
In the agreement, the party who is granting the right to use the licensed property will be referred to as ("Licensor"), the party who is receiving the right to use the licensed property will be referred to as ("Licensee"). The parties agree as follows:
The following title names shall
be referred to as ("Product") in this agreement, and are all of the products
covered with this agreement. The Licensor agrees to license the following
Titles to the Licensee. 1.
2. 5. 6. 7. 8.
[1] Grant of License. Licensor owns and distributes the product named above. In accordance with this agreement, Licensor grants Licensee a non-exclusive website license to distribute images on their website(s). Licensor retains title and ownership of the product. Licensee agrees not to sell or distribute the images via any physical method (such as diskette, CD-ROM, paper printing, or any other technology not specifically named in this document) without additional permission and payment of fees. Licensee may not alter the images to make them appear to be copyrighted property of anyone other than Licensor. Small URL's may be added to the images for the purposes of promotion. Editing of the images to make them suitable for sample images is encouraged, such as pixelating areas of the photo unsuitable for children to view, when the photos may be in an area where children can see them). Licensee may use no more than five percent (5%) of the disc or ten (10) images, whichever is greater) for use in banners and web-page design elements. Licensee may trade up to twenty (20) images from the product to another site at a given time for the purposes of "link exchange", but you may not trade in exchange for other content. Such links must display your URL visible to the eye, and must have "images courtesy of Eye Candy Photo Inc. ™" on the page where the images are displayed. Images used for website design must be for pages on your site. Images used for banner design must have your site on the banner. Creation of "thumbnail" images and pages are allowable. Cropping the images is allowable. Changing the file and compression technique used is allowable. You may rename files. Editing the files to remove existing text and/or logos is allowed. Editing the files to make them more suitable for your usage is allowed. Licensee is NOT licensed to rent, lease, transfer, network, reprise display, or distribute the Product materials, except as specially provided above. Licensee acknowledges that unauthorized reproduction of copies of the licensed material may constitute a serious crime, and that such actions may also result in a suit for damage, injunctive relief, and attorney fees, pursuant to this agreement and to other rights that the licensor may have. It is understood, not withstanding any other provisions of this agreement, Licensor has the unequivocal right to obtain timely injunctive relief to protect the proprietary rights of Licensor.
[2] Payment of Royalty. Licensee will pay to Licensor a one-time lifetime fee specified on the purchase invoice. This license allows Licensee to use the Product on all websites owned and operated by Licensee without any additional fees required.
[3] Revocation of License. Licensor may revoke Licensee's license in the event that violates one or more of the provisions of this license, requests a refund of the license fee from Licensor, or if the license payment is deemed not valid. If Licensee declares bankruptcy, the license is automatically revoked. Involuntary revocation of the license does not grant Licensee any refund of payment made.
[4] Modifications. Any modifications not specially listed in this document are not granted without express written permission of Licensor.
[5] Transfer of Rights. This agreement shall be binding on any successors of the parties. Licensee does not have the right to assign it's interests in this agreement to any other party, unless the prior written consent of Licensor is obtained and an administration fee of fifty dollars ($50.00) is paid.
[6] Entire Agreement. This agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This agreement supersedes any prior written or oral agreements between the parties. This agreement requires that Licensee return two (2) copies of the signature page to Licensor in order for this agreement to be binding.
[7] Amendment. This agreement may be modified or amended by Licensor and the amendment will be sent in writing to you.
[8] Severability. If any provision of this agreement shall be held invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
[9] Wavier of Contractual Right. The failure of either party to enforce any provision of this agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this agreement.
[10] Applicable Law. This agreement shall be governed by the laws of Vancouver, B.C., Canada. Licensee holds Eye Candy Photo Inc. ™ harmless for any legal issues relating to the distribution of the material as it relates to the community standards and adult entertainment laws as set forth in the city/county, state or country of licensee and their websites. Eye Candy Photo, Inc. ™ does not warrant this material to be acceptable in your community, and Licensee has assumed full responsibility for determining what images are suitable for distribution. Eye Candy Photo, Inc. ™ warrants the images are fully copyrighted, and this license warrants these images free of intellectual property violations only. These images are in compliance with the 18 U.S.C.2257 US federal law.
Max Candy, President Date
Licensee: __________________________________ (Print Full Name)
Webmaster/owner (Signature) Date
Licensee URL addresses. Please list them:
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