Free ABQ Images Licensing Agreement

LICENSING AGREEMENT

The following is an Attribution, worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable, licensing agreement (the “Agreement” or “License”) between you, or your employer, or any other entity on whose behalf you are entering this Agreement, or which is exercising the Licensed Rights under this License (“You”), and the City of Albuquerque (the “LICENSOR”).  Read this Agreement before downloading any images or videos (“Licensed Material”) from this library created by Marble Street Studio, Inc.  By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this Agreement. To the extent this License may be interpreted as a contract, You are granted the Licensed Rights in consideration of Your acceptance of these terms and conditions, and the LICENSOR grants You such rights in consideration of benefits the LICENSOR receives from making the License Material available under these terms and conditions.

II.A.(1) License grant

1. Subject to the terms and conditions of this License, the LICENSOR hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to:
2. incorporate Licensed Material into websites, and software (including mobile apps) as background images or splash screens;
3. incorporate Licensed Material into film, video, multimedia presentations, advertising for broadcast, or public performance;
4. incorporate Licensed Material in eBooks, including multi seat license electronic textbooks;
5. use Licensed Material as prints, posters, port cards for your own personal use and display, including display in commercial settings;
6. incorporate Licensed Materials into advertising materials, posters, and tradeshow signage for use in promoting the sale of other products or services;
7. use Licensed Materials in magazines, newspapers, books, book covers, and/or textbooks for editorial and adverting purposes;
8. use Licensed Materials for the packaging of any product;
9. incorporate Licensed Materials on letterhead and business cards, pamphlets, brochures, and catalogs; and
10. incorporate Licensed Materials into set design and dressing for public performance;
11. reproduce and Share the Licensed Material, in whole or in part;
12. produce, reproduce, and Share Adapted Material.

III. LICENSE CONDITIONS

1. City of Albuquerque. The Licensed Material is not to be used (1) in a fashion that is considered by the City of Albuquerque or under applicable law to be pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Licensed Material into disrepute; or (2) in a way that places any person depicted in the Licensed Material in a bad light or in a way that they may find offensive – this includes, but is not limited to, the use of images: a) in pornography, “adult videos” or the like; b) in ads for tobacco products; c) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services; and d) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content. You may not use the Licensed Material containing the likeness of a person if such use implies that the model engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition.
2. SUI GENERIS DATABASE RIGHTS Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:
3. if You include all or a substantial portion of the database contents in a database in which You have Sui Generis Database Rights, then the database in which You have Sui Generis Database Rights (but not its individual contents) is Adapted Material, including for purposes of Section 3(b); and
4. You must comply with the conditions in Section 3(a) if You Share all or a substantial portion of the contents of the database;
5. Section II(a)(1) grants You the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database.

This Section 4 supplements and does not replace Your obligations under this License where the Licensed Rights include other Copyright and Similar Rights