Usage Licence Agreement – Johnér Bildbyrå AB

 

The following End User License Agreement between you and Johnér Bildbyrå AB (hereinafter referred to as “Johnér Bildbyrå”) explains how you can use Products offered by Johnér Bildbyrå. By downloading any Product from any Johnér Bildbyrå website or receiving any Product from a representative of Johnér Bildbyrå, you accept the terms of this agreement.

 

For definitions and concepts regarding these agreement terms, see section 10.

 

In the case that the person who enters this agreement does so as a representative of his/her employer or another legal entity, this agreement applies to both the representative and the representative's employer. Should the person’s employment be terminated, only the employer, not the person, has the right to continue using the Product purchased according to this agreement.

 

Products provided by Johnér Bildbyrå may only be used after receiving authorization from Johnér Bildbyrå. Agreement of the right of usage of the Product is made when the order is placed and is specified in the Order Confirmation. The Order Confirmation is included in these terms and all references to the agreement terms include the Order Confirmation. Unauthorized use of the Product not only constitutes a crime, but also copyright infringement and can entail criminal liability. When a Product is digitally downloaded, an agreement with Johnér Bildbyrå is concluded according to the terms specified online at www.johner.com/en_US/terms/eula.php at the time of the download. By downloading the Product, you agree to these terms.

In the case that you are a proxy (including, but not limited to, an advertising, design or internet agency), the Product may only be used for one end customer who agrees to be bound by the terms of this agreement. The end customer is the owner of the usage rights of the Product, which is specified at the time the order is placed and is detailed in the Order Confirmation. For the purchase of volume-based Products, the end customer is indicated for the specific Product at the time of download. By approving this agreement, you testify that your end customer agrees to the terms of this agreement.

1. Use of Products

Full rights according to these terms of usage of the Product are acquired by ordering the Product from Johnér Bildbyrå and that the Order Confirmation has been received from Johnér Bildbyrå and paid. Upon ordering, the Product is to be specified and appear on the Order Confirmation. The Product may be used once the Order Confirmation has been received but before payment is made. The ordered Product may then be used in accordance with this agreement unless otherwise clearly specified by the Order Confirmation. No usage rights are exclusive unless otherwise clearly stated in the Order Confirmation. Products may be available for no more than ten (10) people unless otherwise agreed when the order is placed or specified in the Order Confirmation. Products may only be published in accordance with the ethical guidelines of the press. Products containing models may not be published in sensitive, or otherwise harassing, contexts such as those of a sexual, political or medical nature or on dating sites. Exceptions may be made if the model gives his/her express consent prior to publication. The photographer’s name/Johnér shall, as far as possible, be indicated when publishing or otherwise using the Product. Assuming the above, the Products may not be used in commercial contexts in which the Product makes up a significant part of the end product’s reselling value, e.g., but not limited to, the use of the Products as screen savers, postcards or posters. Furthermore, the Products may not be used in packaging exceeding 100,000 in number. For more information, please contact Johnér Bildbyrå at +46 8-644 83 30 or info@johner.se.

2. Resale and transfer

Products from Johnér Bildbyrå may not be resold or transferred to another party.

3. Cancellation

For Products canceled within 30 days of placement of the order, the Product User is only liable to pay for half of the invoiced cost for use of the Product given that the Product has not been published. There is no right to deduction for Products canceled later than 30 days from the placement of the order.

4. Costs and payment

The cost for using the Product including delivery and handling charges is specified in the Order Confirmation from Johnér Bildbyrå. In the case that the user chooses to pay for the Product in installments based on a time interval, for example, but not limited to an Annual Subscription of twelve (12) months, the user approves the full charge of the order. The order's full charge is calculated by multiplying the agreed time period by the monthly charge (e.g. 12 months x 5 000 SEK = 60 000 SEK). The Payment Terms for the Order Confirmation is 20 days. An interest rate of 8% over the current discount and the statutory reminder fee are charged on overdue payments.

5. Disclaimer

The classification, such as model and property release, indicates the extent to which Johnér Bildbyrå's Products are ready for use in advertising contexts. Johnér Bildbyrå is, in no case, liable for claims made by reason of rights or restrictions connected to people, brands or other motifs on loaned or used Products. For use of Products that lack a model agreement, the Product User undertakes to compensate possible damages to Johnér Bildbyrå. Product rights are not exclusive and any damages for Product Users will not be compensated for by Johnér Bildbyrå. Johnér Bildbyrå's liability is at all times limited to the amount invoiced by Johnér Bildbyrå.

6. Volume-based Products

The number of downloads included in a Volume-based Product applies for a one-year time period unless otherwise clearly indicated in the Order Confirmation. One year is defined as three-hundred-sixty-five (365) days where day one is the day you ordered the Product. One month is defined as thirty (30) days where day one is the day you ordered the Product. You may not save or transfer downloads from one period to another. If notice of termination of a Product that applies for one year is not made one month prior to the end of the period, it is automatically extended by the same time period as the latest subscription period. To discontinue automatic extension of the Product, contact our sales department (info@johner.se).

7. Penalties

In the case that the Product User uses the Product without having received an Order Confirmation or having made payment or if the Product is otherwise used in an unauthorized manner, the Product User commits to pay a penalty to Johnér Bildbyrå extending to the greater of (a) ten times the amount that use of the Product would have cost or (b) 50,000 SEK. Unauthorized use also gives Johnér Bildbyrå the right to cancel signed agreements with the Product User with immediate effect. If the Product User violates any of the other agreement terms, the Product User becomes liable to pay a penalty extending to the greater of (a) double the charged amount or (b) 20,000 SEK. This does not apply to late payments, which are charged according to the terms in § 4.

8. Disputes

Disputes on the basis of this agreement or other related legal conditions are resolved in the Swedish Court according to Swedish Law.

9. Digital Delivery

For Products delivered digitally by Johnér Bildbyrå, it is your responsibility to make the necessary adjustments needed to the digital Product to obtain the best result. Johnér Bildbyrå will not compensate you or your client for unsatisfactory results for digital Product deliveries.

10. Definitions

“Order Confirmation”

“Order Confirmation” includes, but is not limited to, an invoice, order confirmation, receipt or agreement that is sent by Johnér Bildbyrå when an order is placed.

“Product”

“Product” refers to all media and all services offered by Johnér Bildbyrå at the time the order was placed. “Product” includes, but is not limited to, images, movie clips, vector graphics, illustrations, sounds, packages and subscriptions. When a Product is purchased, you obtain usage rights which gives the end user the right to publish the Product in accordance with the terms of usage. Products or services can be purchased with different usage rights included, such as, but not limited to, Editorial Publishing, Rights Managed, Royalty Free and/or Volume-based Products:

“Editorial Publishing”

“Editorial Publishing” refers to Products that have been licensed with a non-exclusive user right for editorial publishing. With regard to Editorial Publishing, the Product may only be used in an application including a digital edition in its unaltered form. If no further rights have been granted by Johnér Bildbyrå, the Product that was licensed for Editorial Publishing may not be used in a commercial setting.

“Rights Managed”

“Rights Managed” Products refers to Products that are marketed and presented under the License Type Rights Managed (RM) on the Johnér Bildbyrå website. Rights Managed products can be licensed with limited usage rights, for example, but not limited to, time and scope, but can also be licensed during an unlimited time. The agreed usage rights are specified in the Order Confirmation.

“Royalty Free”

“Royalty Free” Products refers to Products that are marketed and presented under the License Type Royalty Free (RF) on the Johnér Bildbyrå website. Royalty Free Products can be licensed and used during an unlimited time period but can also be licensed with a limited usage right, e.g. time and scope. The agreed user rights are specified in the Order Confirmation.

“Volume-based Products”

“Volume-based Products” refers to, but is not limited to, Packages and Subscriptions. When you purchase Volume-based Products, you purchase the right to download a limited number of Products per year, unless another period is indicated in the Order Confirmation. One year is defined as three-hundred-sixty-five (365) days where day one is the day you bought the service. Downloaded Products can then be published with time-unlimited user rights by the end customer, unless otherwise specified in the Order Confirmation.

In effect as of 2018-06-27