License Agreement for CIRA Stock Photography
This License Agreement (the “Agreement”) is between you, your employer or company, or other entity on whose behalf you are entering into this Agreement (“You”), and the Canadian Internet Registration Authority (“CIRA”).
CIRA is making available certain CIRA Stock Photography (the “Photographs”) available for download and use. By downloading the Photographs, You agree to the terms of this Agreement. If You do not agree to the terms of this Agreement, do not download and/or use the Photographs.
1. License Grant
CIRA grants You a personal, worldwide, royalty-free, irrevocable, non-exclusive, non-sublicensable, and non-assignable right to download and use the Photographs, so long as you attribute CIRA as the owner of the Photographs.
CIRA is the owner of all intellectual property rights, including without limitation, all copyright, in the Photographs.
3. Credit and Copyright Notice
No ownership or copyright in the Photographs shall pass to you by virtue of this Agreement. Your use of the Photographs shall be accompanied by a credit to CIRA in substantially the following form: “Photo by CIRA/.CA”.
You shall not under any circumstances:
- Sublicense, rent or lease the Photographs
- Falsely represent, expressly or by reasonable implication, that the Photographs were created by You, or by a person other than CIRA
- Use the Photographs in a manner that infringes upon any third party’s trademark or other intellectual property, or that would give rise to a claim of deceptive advertising or unfair competition
5. Sensitive Use of Photographs
You shall not use the Photographs in any manner that a reasonable person would find offensive. Additionally, you shall not use the Photographs: (a) in connection with the advertisement or promotion of tobacco or cannabis products; (b) in connection with pornography, “adult videos”, adult entertainment venues, escort services, dating services, or the like; (c) in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; or (d) in connection with any immoral or criminal activities.
6. No Warranty
The Photographs are provided to You on an “As Is” basis. CIRA makes no warranty, express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.
7. No Liability
To the maximum extent permitted by law, CIRA shall not be liable to You or any third person for any loss of profit or revenues, or any indirect, incidental, special or punitive damages, costs, expenses, or claims of any kind which arises out of or in connection with this Agreement, even if CIRA has been advised of the possibility of such damages. CIRA’s maximum liability arising out of or in connection with this Agreement, regardless of the cause of action, will not exceed one dollar ($1 CAD).
If CIRA and its employees, directors, officers, or agents should incur any liability arising out of or in any way related to your use of the Photographs, you agree to indemnify and hold CIRA harmless from any such liability, and any and all claims, demands, damages, costs or causes of action in connection therewith.
a. This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without giving effect to its conflict of laws provisions, and you agree to submit to the personal and exclusive jurisdiction of the courts located in the city of Ottawa.
b. This Agreement does not provide and shall not be construed to provide third parties (i.e., non-parties to this Agreement), with any remedy, claim, cause of action or privilege. Nothing in this Agreement shall be construed as creating an employer-employee or agency relationship, a partnership or a joint venture between the parties.
c. This Agreement constitutes the entire agreement between you and CIRA with respect to the subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remaining provisions of the Agreement will continue in full force and effect.
d. In the event of any inconsistency between the English and French versions of this Agreement, the English version shall govern.