License agreement for granting of free license

1.1. Pursuant to the terms of this agreement, Africa Studio shall provide to you non-exclusive, unexceptional, perpetual, worldwide license, untransferable and non-sublicensable to the third parties, allowing you to wholly or partly use and modify the File to create any product with consideration of terms of this License and restrictions specified in this agreement. Furthermore, you shall be obliged to specify reference to an image source (website https://africaimages.com) and Africa Studio Company every time you use an image obtained under terms of this License Agreement.

1.2. The present Free license with reference to the source shall entitle you to create products, except for products for the following sale or free distribution at other frameworks of stock photographs or background images, unless a File attaches significant value to the product and is of no influence to a buyer`s option in favour of this particular product. Pursuant to the terms of this license, creation of products for the following sale or for free distribution is prohibited, unless a File is of key significance for the product and attaches value to it.

1.3. Under the terms of Free license you may at no charge use the downloaded content in the way as follows:

• As the digital reproduction, which includes websites, online advertisements, social networks, mobile applications, programs, virtual cards, electronic publishing (electronic books, electronic magazines, blogs, etc.), electronic mailing lists, as well as in electronic mass media;
• In printed form on a pack or when marking commodities, on letter-head and business cards, CD and DVD covers or advertisement and copies of physical media, including magazines, newspapers and books (provided that number of reproduced content in total shall not exceed 50,000 times);
• In outdoor advertising, which includes advertising panels, street furniture, etc., provided that intended audience of advertising (or any other) campaign shall be of less than 50,000 presentations;
• For your personal non-commercial use (not for sale to follow, downloading, distribution or any other way of commercial use).

1.4. Under the terms of Free license you may at no charge use the downloaded content in the way as follows:

• Reproduce content by any way specified in item 1.3. of this agreement, without restriction of number of presentations/applications/circulation;
• Use of content for the purposes of decoration when arranging business premises;
• Make unrestricted number of copies for electronic use;
• Create products for free distribution without gaining of any profit (free web-templates, T-shirts, post-cards, flyers, etc.).

1.5. Should you need the additional rights to use content which are not specified by terms of Free license, then you are requested to apply to our support team (E-mail address: [email protected]).

1.6. Africa Studio shall have the right to check usage of the File and adherence of the agreement`s terms by you.

2.1. You shall not be entitled to:

3.1. Free license under the terms of the agreement shall not vest a user with copyrights and/or intellectual property rights for the Content. Africa Studio shall reserve all copyrights and other intellectual property rights in relation to the Content. Africa Studio shall entitle a user to gratuitously download and use samples solely for the purpose of evaluation and testing of files before purchasing.

4.1. Your rights to use the Content shall be regulated by the present Agreement and shall become effective on the time when you download the Content. In the event of occurrence of indebtedness on the user account, then you forfeit the right to use the downloaded content till such indebtedness is settled in full and you shall give your consent to disuse the content and any dereliction work as well as perform all the actions required to disuse it till the indebtedness is settled in full. Also, you shall be obliged to compensate to Africa Studio all the reasonable costs (including remunerations for legal services), suffered by Africa Studio in the course of collection of indebted payments. Africa Studio shall reserve the right at its own discretion to revoke or amend any license provided to you under the present Agreement or replace any content to similar/alternative one.

• deletion of all the content downloaded by you which is in your possession and any licensed work, copies and accompanying material; and
• disuse of the content for any purposes.

In the event you infringe any provision of the present Agreement, then Africa Studio may cancel the present Agreement without giving you a preliminary notice. After the cancellation you shall be obliged to immediately disuse the content for any purposes and delete all the content downloaded by you which is in your possession, including copies.

You shall indemnify Africa Studio Company, its officials, employees, shareholders, directors, managers, members and suppliers from indemnification or liability of any type in the event of the materials are used not in a way specified in the present Terms. Also you shall be obliged to compensate to Africa Studio Company all the expenditures which it may suffer in the event you infringe the terms of the present or any other agreement with Africa Studio. You shall agree that Africa Studio Company, its affiliated businesses, its authorized employees, directors, office workers, owners, agents, representatives, licensors shall bear no liability for any general, punitive, specific, casual or indirect damage, loss of profit or any expenditures resulted from use or disuse of the content, even if the parties are warned on possibility of their occurrence.

Pursuant to the terms of this License Agreement, you shall agree to protect and in full indemnify Africa Studio Company, its designated persons, directors, employees, owners, agents, representatives, licensors and any other persons connected with Africa Studio Company and each of its successors, Africa Studio`s parties against commencement of claims (among other things on the part of the third parties) and compensation of any losses, penalties, expenses, expenditures and outlays, including payment for use of legal services reasonably incurred and expenditures resulted from use by you of the content or any infringement or suspected infringement of any guarantee or obligation of another type committed by you.

Maximum joint liability of Africa Studio Company in relation to you on all the claims in the aggregate amounts to five thousand dollars of the USA (US $5,000.00).

7.1. The present agreement provisions and relations between the parties shall be interpreted and regulated pursuant to legislation of Ukraine.

7.2. All the disputes arising in connection with the present License Agreement shall be settled by way of negotiations. In the event the parties fail to settle a dispute within thirty (30) as from the date of the negotiations commencement, then the parties shall be obliged to submit the dispute to Permanent Court of Arbitration at Chamber of Commerce and Industry of Ukraine. Ukrainian language shall be used at the court proceedings. The arbitration award shall be binding for both parties.

The Parties may assign their rights and obligations under the present agreement if other party`s written consent is obtained only. As the exception shall be assignment of rights from legal entity to another legal entity, which is a branch establishment, legal successor of original legal entity or legal entity which founder is the original initial legal entity.

The present License was initially drawn up in Russian language with rough translation into other language (if required). In the event of discrepancies in interpretation and rendering of terms of the present agreement, then priority shall be given to Russian-language version.

When downloading content, you shall agree and confirm your consent with the terms of this License Agreement.