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Licence Agreement
This licence agreement (hereinafter referred to as the “Agreement”) is executed pursuant to Section 46 et seq. of Act No. 121/2000 Coll. relating to copyright, copyright-related rights and amending some acts (the Copyright Act) as amended between Mgr. Michael Fokt (www.foto-fokt.cz), the author of photographs (hereinafter referred to as the “Author“), and the Client (hereinafter referred to as the “User“), unless it is otherwise agreed in writing.
Representation
The Author represents that he is the holder of copyright relating to photographic works and, therefore, is entitled to grant licences to use the photographic works. The copyright relating to the photographic works shall continue to be held by the Author.
1. Subject of the Agreement
The Author hereby authorises the User to exercise the right to use the photographic works (hereinafter referred to as the “Licence”) subject to the conditions specified below in the licence terms agreed herein. The photographic works for the purpose hereof shall be deemed to be photographic or digital works included in the Author's database (hereinafter referred to as the “Database”).
2. Form, Purpose and Scope of Use of Licence Granted
The copyright relating to the photographic works contained in the Database shall be held by the author of the photographs. The licence to use the photographs shall be granted to the User as a one-off, non-exclusive licence that is not transferable. Under the licence the User shall only be allowed to use the selected works for a specific purpose on a one-off and non-exclusive basis.
The User may not sub-license, re-license, lend or lease the photographic works to any third parties.
The User may also not make accessible the photographic works in high definition (300 dpi) available for downloading in excess of the licence rights granted hereunder or place the photographic works on-line in the FTP space allowing them to be downloaded.
The scope of time for using the licence shall only be limited to one year from the date when the licence was validly granted, unless it is otherwise agreed. Any further use of the photographic works shall be subject to a new fee and shall require a new licence. The licence may be renewed on the basis of written order place by the User and shall be subject to a new fee.
Should the photographic works be used by the User contrary to the licence granted or should the User allow the photographic works to be used by any third party other than the User or the User's client for whom the specific job is made, the User shall be obliged to pay to the Author a contractual penalty equal to ten times the licence price.
The User is entitled to exercise the right to use the photographic works under the granted licence only. The licence shall be granted to the User as of the date of delivery of the photographic works provided that if the licence price is not paid properly and in due time, the licence shall be of no further effect. The User is entitled to use the photographic works solely for the purpose agreed, in the manner and to the extent specified in the invoice. Any use of the photographic works other than for the agreed purpose, in any other manner or in excess of the agreed scope shall be subject to a new licence to be granted under a new order and subject to payment of the licence price.
The User undertakes not to use or allow any third party other than the User or the User's client for whom the specific job is made to use the photographic works in a derogatory, shocking, slanderous or any such manner that would encroach upon the Author's rights or legitimate interests. At the same time, the User may not modify, alter or interfere into the provided photographic works in any manner that would derogate the value of the works within the meaning of Section 11 of the Copyright Act. In the event of any breach of such duty, the User shall be obliged to pay to the Author the contractual penalty of CZK 100,000.
3. Supply of Photographic Works
The photographic works shall be supplied to the User on the basis of an order placed by the User electronically. The order shall include all particulars provided under relevant legal regulations, i.e. the business name or name, the address or place of business, the identification number, the tax identification number, the detail regarding registration in the Commercial Register or in other records, the bank details, the contact person and the specification of the purpose, manner and scope of use of the photographic works.
The photographic works shall be supplied to the User electronically at the e-mail address or FTP as the case may be, by mail at the address specified in the order or by hand. The costs and risks associated with transport to the User shall be borne by the User.
In the case of any damage, destruction or loss of the photographic works in the course of their delivery, the User shall be obliged to take all steps necessary to alleviate the damage and notify the Author of such fact within 24 hours.
The User shall be obliged to notify the Author of any complaints (as to the quantity, quality or workmanship of the photographic works) by e-mail or telephone within 24 hours after receipt of the photographic works. Otherwise the right to raise any claims on the ground of defects shall cease to exist.
4. Licence Price and Terms of Payment
The fee for granting the licence shall be based on the purpose, manner and scope of use of the photographic works. Postage shall automatically be added to each order of the photographic works. Invoices shall be payable within fourteen days after the invoice date. The invoice shall be deemed to be paid properly and in due time if it is paid within the time due for payment and in full. Any potential objections as to the invoice can be made within no more than 24 hours after it has been delivered to the User.
5. Making Reference to the Author's Name
Under the Copyright Act, where customary and possible, the User shall be obliged to make reference to the Author of the photographic works in the “© Michael Fokt” format. Any failure to include the specification of the Author of the photographic works in the prescribed form, where customary and possible, shall be understood as material breach of the licence agreement.
6. General Provisions
If any of the provisions of this Agreement is or becomes invalid, contradictory or unenforceable, it shall not affect the validity and enforceability of the other provisions hereof, if such provision can be severed from this Agreement as a whole.
This Agreement shall be governed and construed in compliance with the laws of the Czech Republic. Any legal relations not regulated by this Agreement shall be governed by the laws of the Czech Republic, in particular by the Copyright Act No. 121/2000 Coll. as amended.
The User acknowledges that the User has read this licence agreement, understood the same and accepts the terms and conditions set out herein. This acknowledgement shall be made electronically by ticking the space described “Consent to the Licence Agreement” when the electronic order is completed.