Royalty free license

Ownership

All images, marked as 'Royalty Free', are protected by the Netherlands' copyright law and international copyright treaties. We and our contributors reserve all rights not granted in this Agreement.

License

Subject to the terms of this Agreement, EVOlution Graphics B.V. grants you a non-exclusive, non-transferable, worldwide, perpetual right to use, modify, create derivative work of, distribute, and reproduce Images, marked as 'Royalty Free', for any commercial, artistic, or editorial purposes not prohibited in this Agreement.

Restrictions. You may not:

• Use an Image, marked as 'Royalty Free', in excess of 250,000 printed copies
• Redistribute or use any Image, marked as 'Royalty Free', in a way that competes with EVOlution Graphics B.V.. Specifically, you may not sublicense, resell, assign, transfer, convey, share, or provide access to the Images or any rights in the Images, other than as permitted in this Agreement.
• Use our Images, marked as 'Royalty Free', for any resale product where the Image is the primary feature of the product (i.e. wall art, digital wallpaper, templates etc.)
• Incorporate the Image, marked as 'Royalty Free', into any logo, trademark, trade dress, or service mark.
• Use an Image, marked as 'Royalty Free', in any unlawful manner or in any way that a reasonable person might find offensive or that would likely bring any person or property reflected in the Image into disrepute (e.g. pornography, adult entertainment, physical or mental ailments, healthcare or pharmaceuticals, political endorsements, or in connection with any unlawful or immoral content).
• Use an Image, marked as 'Royalty Free', containing a person if such use i) implies the person suffers from a physical or mental infirmity, ii) depicts that such person endorses any product or service without an accompanying statement that the person is a model and the Image is for illustrative purposes only.
• Falsely represent that you are the original creator of an Image, marked as 'Royalty Free'.
• Use an Image on any service that claims to acquire rights to the Image.
• Infringe any third party’s trademark or IP (intellectual property) (of course, excluding the IP warranty that we make for commercial images - see Section 9 of this Agreement) or use an Image for deceptive advertising.
• Remove or modify any EVOlution Graphics B.V. copyright information from any place where it is on or embedded in the Image.

Transferability; Derivative Works.

The end user of the work you produce with the Image must be yourself or your employer, client or customer. Only you are permitted to use the standalone Images (you may not sell, rent, loan, etc. to any third party). You may transfer files containing the Images to clients, vendors, or ISP’s for the purpose licensed under this Agreement. You agree to take reasonable efforts to protect Images from being extracted or stolen. You will promptly notify us of any misuse of the Images. If you pass Images as authorized above, the receiving parties must agree to protect images as required by this Agreement. Even when used in derivative work, our Images continue to be owned by EVOlution Graphics B.V. or our Contributor(s).

Image Usage

Only Imagery explicitly approved for commercial use on the Service is warranted by EVOlution Graphics B.V. to be usable commercially (i.e. promoting a product or service, merchandising, etc.). Imagery approved for editorial use only or disapproved for commercial use should not be used commercially. Images pending commercial review are used at your own risk. You are solely responsible for determining if your intended use is commercial. We ask our contributors to verify that all Images are usable for artistic or editorial purposes, but we make no warranties or representations regarding such usage. For Images specified on the Service as for editorial use only or commercial use prohibited, EVOlution Graphics B.V. does not grant any right nor make any warranty with regard to the use of names, people, trademarks, trade dress, logos, registered, designs or works of art or architecture depicted therein. In such cases, you shall be solely responsible for determining whether release(s) is/are required in connection with any proposed use of such Images, and shall be responsible for obtaining such release(s).

Miscellaneous

This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. The parties agree that any material breach of Section 3 (“Restrictions”) will cause irreparable injury to EVOlution Graphics B.V., and that injunctive relief in a court of competent jurisdiction will be appropriate to prevent an initial or continuing breach of such Section in addition to any other relief to EVOlution Graphics B.V. may be entitled. If we fail to enforce portions of this Agreement, that does not mean such portions are waived. This Agreement is not transferable by you without our written approval, and any such purported transfer without approval is void. If any portion of this Agreement if found to be illegal or unenforceable, that portion shall be modified to reflect the fullest legally enforceable intent of the parties (or if not possible, removed) without effecting the validity or enforceability of the remainder. Any legal action or proceedings concerning our relationship with you or this Agreement shall be brought in the courts of the Netherlands in the Amsterdam, and all parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues. The United Nations Convention on Contracts for the International Sale of Goods does not apply to or otherwise affect this Agreement. The validity, interpretation and enforcement of this Agreement, matters arising out of or related to this Agreement or their making, performance or breach, and related matters shall be governed by the laws of the Netherlands (without reference to choice of law doctrine). You agree that service of process in any actions, controversies and disputes arising from or relating to this Agreement may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. All references to “purchase” and “sale” in this document with respect to Images refer to the purchase and sale of a license to an Image, and not the purchase or sale of any underlying copyright in any Image.