In purchasing goods from the THE TRANSPORT LIBRARY website, your agreement is with THE TRANSPORT LIBRARY. All of the Media and associated rights featured or displayed on our Website are owned by THE TRANSPORT LIBRARY (*) or by agreement with other providers. The following are the terms and conditions upon which THE TRANSPORT LIBRARY, the Licensor, (hereinafter called “WE” or “US”) will license to you as Licensee (in this document, you will be referred to as “YOU” or the “LICENSEE”) certain usage rights for items purchased from US, pursuant to the terms and conditions of this End User License Agreement (EULA or License). Items purchased from US may be physical products, physical with digital content and/or entirely digital format and will be hereinafter referred to as “MEDIA”. ‘REPRODUCTION’ means any form of colour or black and white copying, publication, distribution or other communication to the public of the whole or part of any Digital Image OR Physical Image whether by printing, photography, slide projection (whether or not to an audience), xerography, artist’s illustration, layout or presentation, or by electronic, internet, multimedia, digital or mechanical means or by any other means. Reproduction further includes the use the whole or part of any Digital Image in the creation of another picture, which may be partly or completely different from the original Digital Image whether such difference is caused wholly or partly by computer, electronic, digital, mechanical or any other means. “Reproduce” has a corresponding meaning. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, ANY LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS STATED HEREIN APPLY TO YOUR EMPLOYER AS WELL AS TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER, YOUR EMPLOYER MAY CONTINUE TO OPERATE UNDER THIS AGREEMENT You will ensure that any person supplied with any Physical Product or Digital Image at Your request will comply with these terms, and will be personally liable to THE TRANSPORT LIBRARY if such person fails to do so, as if such failure were a failure by You.
1. WE grant to YOU a limited non-exclusive, non-transferable License to YOU for the purchased MEDIA as follows. This License is conditional upon YOU paying all applicable license fees and respecting the terms hereof.
2. OWNERSHIP AND LIMITS TO USE The MEDIA shall remain at all times the sole and exclusive property of US. In order to protect our rights, YOU undertakes to comply with the following: (a) YOU will not reproduce the MEDIA except as permitted by the terms of this agreement and the conditions displayed on our website (b) All MEDIA downloaded or purchased by You, in whatever format, are deemed to be for Your personal use unless OTHERWISE AGREED. Personal Use requires that you may not publish such images or use them for public display for groups in excess of five people, copy images or image files or transmit them to others. Copyright at all times remains with THE TRANSPORT LIBRARY or their content providers. Neither the copy images in whatever format supplied by THE TRANSPORT LIBRARY, nor duplicates made there from, may be purchased for the purpose of resale. (c) YOU shall not sell, sub-license, loan or otherwise transfer all or part of the MEDIA or any interest therein to or for the benefit of a third party; (d) YOU may not modify and re-distribute the MEDIA as part of a product and/or service; (e) YOU shall not use or display the MEDIA as part of a digital archive and/or reference source; (f) YOU shall not use the MEDIA to create obscene, offensive or illegal products and/or services; (g) YOU shall not remove, alter or obliterate any copyright notices found in the MEDIA; YOU shall ensure that YOUR personnel, including any consultants, comply with all of the terms and conditions of this License and shall be liable for any breaches thereof. Copyright All Images, and other Content we provide on krkur.hosts.cx website, is subject to copyright – in the UK and elsewhere – belonging to us and to other people..
3. LIMITATION OF LIABILITY THE MEDIA ARE PROVIDED TO YOU AS IS. EXCEPT AS EXPRESSLY STIPULATED HEREIN, WE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, RELATING TO THE USE, PERFORMANCE OR RESULTS WHICH MAY BE OBTAINED THROUGH THE USE OF THE MEDIA. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE SHALL IN NO EVENT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OR ALTERATION OF DATA, INTERRUPTION OF BUSINESS AND/OR LOSS OF EMPLOYEE WORK TIME. IN ANY EVENT, OUR TOTAL LIABILITY SHALL NOT EXCEED THE AGGREGATE PAYMENTS RECEIVED BY US HEREUNDER. THIS DISCLAIMER APPLIES WITHOUT LIMITATION REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES ARE OR WERE FORESEEABLE.
4. LIMITED WARRANTY ON MEDIA WE warrant that the MEDIA will be free from defects of material and workmanship under normal use for thirty (30) days from the date of delivery, as evidenced by a copy of your receipt. WE will either replace the MEDIA or refund the purchase price, at our sole discretion. If WE determine the MEDIA has been misused or modified while in your possession, this warranty will not apply. WE will not accept any liability other than for defects of material or workmanship and we will not refund the purchase price in any other circumstances. YOU are advised to study our online images and descriptions of our media before ordering to assure yourself that you are purchasing the media that you actually require. Please remember that many of our media are derived from original images which may be up to one hundred years old and may display such faults and/or imperfections as might be reasonably expected from items of that age.
5. You may have certain rights and remedies available to You in relation to the provision by THE TRANSPORT LIBRARY of goods and services (“Basic Rights”). Except as provided by the Basic Rights:
a. all other conditions and warranties either express or implied by custom, law or statute are excluded; b. the Images we provide and all Content is provided without any warranties of any kind, either express or implied, other than as we expressly state. c. THE TRANSPORT LIBRARY does not warrant that Your access to The TRANSPORT LIBRARY website or the functions contained on The TRANSPORT LIBRARY website will be uninterrupted or error free, that any defects will be corrected or that The THE TRANSPORT LIBRARY website or the server which stores and submits Content to You via The THE TRANSPORT LIBRARY website are free of viruses, malicious computer code transmitted on or through The TRANSPORT LIBRARY website or other harmful components; d. THE TRANSPORT LIBRARY expressly disclaims the accuracy of all descriptions and specifications of any products displayed or viewed through the THE TRANSPORT LIBRARY website; e. THE TRANSPORT LIBRARY expressly disclaims the currency, accuracy or completeness of any Content or any information provided by third parties on or through the TRANSPORT LIBRARY website. Use of the THE TRANSPORT LIBRARY website is at Your own risk. Subject to these terms, You assume full responsibility and risk of loss resulting from Your downloading, use of, or access to data, files, information, Content, or other material on or through the THE TRANSPORT LIBRARY website.
TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL THE TRANSPORT LIBRARY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING (BUT NOT LIMITED TO) LOSS OF PROFITS, LOSS OF OR DAMAGE TO GOODWILL OR OTHER EXPECTATION BENEFIT OR LIABILITY TO ANY THIRD PARTY, THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE TRANSPORTLIBRARY.co.uk WEBSITE OR ANY CONTENT PROVIDED ON IT OR THROUGH IT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THAT SUCH DAMAGES WERE FORESEEABLE. Note: This does not limit Your Basic Rights referred to above.
6. If You have a complaint about our products or services please send an email to firstname.lastname@example.org clearly describing the nature of Your grievance. We will reply to You as soon as we can after investigating Your complaint or refund/return request, but in any case within 10 business days from the date we receive Your email.
5 NON TRANSFERABILITY Neither this License nor any rights or licenses granted hereunder may be assigned, transferred, delegated, sub-licensed or time shared without the prior our written consent.. Any such assignment, transfer, delegation, sub-license or time sharing in breach of this undertaking is void and results in the immediate termination of this License.
6. TERMINATION WE shall have the right to terminate this License immediately without notice in the event that: a) YOU breach any of the terms and conditions of this License; or b) YOU file a petition in bankruptcy or for the appointment of a receiver, or if an involuntary petition in bankruptcy is filed against YOU and said petition is not discharged within thirty (30) days, or if YOU become insolvent or make a general assignment for the benefit of your creditors, or if the your business or property comes into the possession of its creditors or of a governmental agency or of a receiver. YOU undertake in the event of termination of this License to immediately cease any and all use of the MEDIA, to deliver up to us the MEDIA and to destroy any copies made.
7. ENTIRE LICENSE All prior proposals, understandings, and/or agreements between the parties that relate to the subject matter of this License are hereby superseded and merged into this License. This License may not be modified or altered except in writing.
8. GOVERNING LAW This License, its construction, performance, scope, validity and effects are governed and shall be construed in accordance with the laws applicable and in force in the United Kingdom
9. PAYMENT Payment at the time of ordering is required for all purchases made via THE TRANSPORT LIBRARY website or from our brochure. Payment for published images is due within 30 days of the date of publication unless agreed otherwise in writing by THE TRANSPORT LIBRARY. THE TRANSPORT LIBRARY reserves the right to charge interest on overdue accounts at the rate of 5% above the Bank of England base rate applicable at the time the payment becomes due. All commercial use rights will lapse for images retained without publication in excess of 12 months from the date of ordering. Any use thereafter is prohibited until issuing of a new licensing agreement.
10. UNAUTHORISED USE Any use of our images in a manner not expressly authorised by this Agreement will be deemed a copyright infringement, entitling THE TRANSPORT LIBRARY to pursue all rights and remedies available to it under copyright laws around the world. THE TRANSPORT LIBRARY reserves the right to charge a fee equal to five (5) times our standard reproduction fee for the unauthorised use of such material in any printed or electronic format, this fee being backdated to the time of publication and being subject to annual interest equivalent to the average Bank of England base rate for the year plus 4%, or 5% per annum, whichever sum shall be greater. In addition we will seek the removal of such material from publication or display in electronic format including but not necessarily confined to requesting that any such website be taken down by its ISP until such time as due remedy has been obtained and in receipt of assurance that no further transgression of our rights will occur.
11. VENUE The parties agree, for any claim or judicial proceedings for whatever reason relating to this License, to designate and hereby designate the courts of the judicial jurisdiction of the United Kingdom, as the appropriate venue for the hearing of any such claims or judicial proceedings, to the exclusion of any other courts, judicial district or jurisdiction that may have the right to hear such dispute.
12. LANGUAGE The parties hereby confirm that they each require that this License and all documents and notices in connection therewith be drawn up in English.
By submitting your order, you acknowledge having read this license and agree to be bound thereby.