License & Restrictions
LIMITED LICENSE AND RESTRICTIONS: In consideration of the purchase price paid by the Client (“Client”) to Lauren Mudrock Photography, LLC (“Photographer”), Photographer hereby grants Client the following:
As to the digital files purchased by or otherwise made available to you for authorized download photo image files and other digital content contained on the enclosed media (e.g. DVD-R disc, USB flash drive or other similar media), as applicable (“Digital Media Files”): a worldwide, perpetual, royalty free, limited license solely for personal, non-commercial use to (i) create or have created by a third party, photographic prints and photographic products wherein an image is incorporated into a product (e.g. mug, calendar, photo book, mouse pad, t-shirt, magnet, ornament, cards, tote bag, etc.) (“Photo Products”), (ii) post the Digital Media Files on Client’s personal social media accounts, (iii) display the Digital Media Files on Client’s personal computer, mobile device, or television and (iv) otherwise use the Digital Media Files for other similar personal, non-public, noncommercial purposes.
Client agrees that he/she/it will not (and will not permit another person or entity to) sell, transfer, or use in any commercial manner (i.e. for the purpose of receiving or facilitating the receipt of financial remuneration or any other consideration), the Digital Media Files and/or Photo Products. Client acknowledges and agrees that he/she/it receives no rights or ownership interest of any type in or with respect to any intellectual property owned by Client and its affiliates, or any third party, displayed in or as part of any Digital Media Files or Photo Products and that all such rights remain the property of their respective owners.
LIMITED WARRANTY: Photographer warrants to Client that the products sold will be free from defects in workmanship and materials under normal use, for thirty days from the original purchase date. This warranty is not transferable from the original Client to any other person. This warranty excludes damages caused by mishandling, misuse, neglect or any other cause beyond the range of the intended use and damage caused by accident, fire, or acts of God.
EXCLUSIVE REMEDY: Should a covered defect occur during the warranty period and Client notifies Photographer, Client’s sole and exclusive remedy shall be to receive a replacement of the purchased product.
WARRANTIES EXCLUSIVE: THE FOREGOING WARRANTY AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRESPONDENCE WITH DESCRIPTION, AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
LIMITATION OF LIABILITY: NEITHER PHOTOGRAPHER NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE OR USE OF THE DIGITAL MEDIA FILES, OR OTHER PHOTO IMAGE FILES AND OTHER DIGITAL CONTENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PHOTOGRAPHER’S ENTIRE LIABILITY SHALL BE LIMITED TO THE A REFUND OF THE AMOUNT PAID FOR THE PRODUCT.
NEITHER PHOTOGRAPHER NOR ANY OF ITS AFFILIATES SHALL BE RESPONSIBLE OR LIABLE FOR THE PHOTO PRODUCTS OR ANY THIRD-PARTY PRODUCTS, SERVICES, SITE/PLATFORM OR ACTIONS.
GOVERNING LAW: This License shall be governed by the laws of the Commonwealth of Pennsylvania.
If purchased personal license
EXCLUSIVE LICENSE AND RESTRICTIONS: In consideration of the purchase price paid by the Client (“Client”) to Lauren Mudrock Photography, LLC (“Photographer”), Photographer hereby grants Client the following:
As to the digital files purchased by or otherwise made available to you for authorized download photo image files and other digital content contained on the enclosed media (e.g. DVD-R disc, USB flash drive or other similar media), as applicable (“Digital Media Files”): a worldwide, perpetual, royalty free, exclusive license for Client’s commercial use to (i) post the Digital Media Files on Client’s social media accounts, and (ii) utilize the digital media files in Client’s marketing and advertising.
The parties agree that the Client may use the images created hereunder for the specific purposes of promoting its own interest without limitation. This includes, but is not limited to, use of the images in printed materials, client’s website, social networking websites, signage, audio/visual presentations and/or for client’s personal use. Any images used in publications, books, or media must properly credit Photographer. If digital files are purchased, Photographer will provide a release to Client.
Client agrees that he/she/it will not (and will not permit another person or entity to) sell or transfer the Digital Media Files. Client acknowledges and agrees that he/she/it receives no ownership interest of any type in or with respect to any intellectual property owned by Photographer displayed in or as part of any Digital Media Files or Photo Products and that all such rights remain the property of their respective owners.
LIMITED WARRANTY: Photographer warrants to Client that the products sold will be free from defects in workmanship and materials under normal use, for thirty days from the original purchase date. This warranty is not transferable from the original Client to any other person. This warranty excludes damages caused by mishandling, misuse, neglect or any other cause beyond the range of the intended use and damage caused by accident, fire, or acts of God.
EXCLUSIVE REMEDY: Should a covered defect occur during the warranty period and Client notifies Photographer, Client’s sole and exclusive remedy shall be to receive a replacement of the purchased product.
WARRANTIES EXCLUSIVE: THE FOREGOING WARRANTY AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRESPONDENCE WITH DESCRIPTION, AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
LIMITATION OF LIABILITY: NEITHER PHOTOGRAPHER NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE OR USE OF THE DIGITAL MEDIA FILES, OR OTHER PHOTO IMAGE FILES AND OTHER DIGITAL CONTENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PHOTOGRAPHER’S ENTIRE LIABILITY SHALL BE LIMITED TO THE A REFUND OF THE AMOUNT PAID FOR THE PRODUCT.
NEITHER PHOTOGRAPHER NOR ANY OF ITS AFFILIATES SHALL BE RESPONSIBLE OR LIABLE FOR THE PHOTO PRODUCTS OR ANY THIRD-PARTY PRODUCTS, SERVICES, SITE/PLATFORM OR ACTIONS.
GOVERNING LAW: This License shall be governed by the laws of the Commonwealth of Pennsylvania.
