Skip to content
shopping_cart

End-User License Agreement

End-User License Agreement

 

This END-USER LICENSE AGREEMENT (the “Agreement”) relates to use of the content provided through www.thecoverlab.com (“Website”) and is made and entered into between the individual person or legal entity that downloads one or more photograph(s) from the Website  (“You” “Your” or “Licensee”), and the owner/operator of the Website, The Cover Lab, LLC (“Licensor” or “Cover Lab”).  This Agreement explains how You can use the photographs that You license from Cover Lab (“Photographs”).  By downloading one or more Photographs, You accept the terms of this Agreement. You and Cover Lab are sometimes referred to herein each as a “Party” and together as the “Parties.”

 

NOW, THEREFORE, for good and valuable consideration, including the foregoing and the mutual covenants and agreements contained herein, the receipt and sufficiency of which is hereby acknowledged by each of the Parties, and intending to be legally bound, the Parties hereby agree as follows:

 

  1. Definitions:
    • “Book Cover” shall mean the outside front cover or display image of a literary work (including sexually explicit works) in physical, digital, audio or any other format.
    • “Book-Related Content” shall exclude Book Covers and mean the images inside and/or on the back cover of a literary work in any format (digital, audio or otherwise) as well as advertising, promotion, marketing and packaging for any literary work or service (including sexually explicit literary works).
    • “Derivative Works” shall mean new works in any Media that include some or all of one or more Photographs edited, adapted, combined with other content, or otherwise transformed, whether or not such new works include new copyrightable authorship.
    • “Intellectual Property Rights” shall mean all rights of the following types, which may exist or be created under the laws of any jurisdiction in the world: (a) rights associated with works of authorship, including exclusive exploitation rights, copyrights, and moral rights; (b) trademark, trade name and similar rights, including, but not limited to, service marks, symbols, identifiers, formats, designs, and devices; (c) other proprietary rights, services, and information; (d) rights of publicity; and (e) rights in or relating to enforcement, registrations, renewals, extensions, and reissues of, and applications for, any of the rights referred to in clauses “(a)” through “(d)” above
    • “IP Claim” shall mean any claim, suit, or proceeding that is based on a claim that Use of a Photograph infringes, violates, or misappropriates any Intellectual Property Right.
    • “Likeness” means a person’s actual, photographic, or illustrated appearance and/or likeness.
    • “Media” shall mean all media including digital (including e-books and audiobooks), electronic, online (including social media), print, television, film, radio and other media now known or to be invented.
    • “Receipt” shall mean the summary of Your purchase from Cover Lab, which shall include the unique identifier of each Photograph, applicable license type (BC, SCP, or MCP as defined in Section 2 herein), and price for each Photograph that You license.
    • “Royalty-Free” means that the license is paid all at once and there is no need to pay additional royalties as the Photograph(s) are Used.
    • “Use” means to copy, reproduce, modify, edit, display, distribute, publish, create Derivative Works of, or otherwise make use of the Photograph(s) in accordance with the terms of this Agreement.

 

 

  1. Grant of Rights Cover Lab offers three types of licenses. Book Cover License (“BC”), Single-Cover Package License (“SCP”), and Multi-Cover Package License (“MCP”).

 

 

 

 

 

 

 

 

  1. Prohibited uses
    • No Unlawful Use. You may not use content in a defamatory or other unlawful manner, or in violation of any applicable laws or regulations.

 

 

 

 

 

  1. Payments
    • Payment to Cover Lab. Consistent with the terms of this Agreement, You shall pay Cover Lab, in-full by credit card or other method of payment made available on the Cover Lab Website at the time of purchase, a one-time fee (“O-T Fee”) equal to the price stated in the Receipt for each relevant Photograph or package of Photographs based on the applicable license.

 

 

  1. Representations and Warranties
    • Your Representations and Warranties.
      • You have the full right, power and authority to enter into and fulfill the terms of this Agreement; and

 

 

 

 

 

 

 

  1. Indemnification / Limitation of Liability
    • IP Claims. You will cooperate and assist with the defense against any IP Claim brought against Cover Lab.

 

 

 

 

 

 

 

 

 

  1. Term and Termination
    • Unless otherwise terminated or taken down pursuant to Section 7.2 and 7.3, the “Term” of this Agreement shall commence on the date you download the Photograph pursuant to the license type stated on Your Receipt and the product webpage and shall continue on a per-Photograph basis in accordance with the term identified for that license type as stated in Section 2.

 

 

 

 

 

  1. General Provisions
    • Successors/Assigns. This Agreement is binding upon and shall inure to the benefit of any respective successors and/or assigns of the Parties hereto.

 

 

 

 

 

 

 

 

 

 

 

 

 

License 05.30.2020