Medical Media Images

Licensing Agreements

 

MMI STANDARD LICENSING AGREEMENT  |  MMI EXTENDED LICENSING AGREEMENT

 

DIFFERENCE BETWEEN STANDARD AND EXTENDED LICENSE AGREEMENT

  Standard License

Extended License

Number of Uses Single Multiseat
Reproduction/Print Run        Limited Unlimited
Items for Resale/Limited Run None Limited Number
Electronic Items for Resale None Unlimited

 


MMI STANDARD LICENSING AGREEMENT

Please read this agreement in full prior to downloading and purchasing products or services from Medical Media Images.  Your acceptance of the conditions set forth below is an absolute condition to use or subscribe to any products or services offered by Medical Media Images.

“You” or the “Client” is defined as you or, if you are accepting on behalf of your employer or member account entity, then “you” means that employer or entity and affiliates; Medical Media Images (“MMI”), “Company”, or “we” means Medical Media Images, LLC, operator of the Site (collectively referred to as “Parties”); and “Content” means any photographic image, illustration, animation, film or video footage, visual representation generated optically, electronically, digitally or by any other means or in any media or other material that you are downloading from the Site, together with any accompanying material.

By accessing, downloading, and/or purchasing Content on the MMI website, you agree the Privacy Policy, Terms and Conditions of Use of this website, as well as this Licensing Agreement. Failure to abide by the terms of this Licensing Agreement, the Privacy Policy, or the Terms and Conditions of Use could result in the termination of your account, access to this website, and possible legal consequences.

All products and services offered by MMI are “as is” and with “all faults”. You understand and agree that MMI, its employees, directors, and officers do not make any representation or warranty that your use of MMI products or services will not infringe or violate the copyright or trademark rights of any third party.

If the use of MMI products or services you are contemplating is not permitted by this Standard Licensing Agreement, please contact MMI for an Extended Licensing Agreement.


Part I: Usage Rights
All content of the MMI website is protected under copyright and trademark laws and treaties of the United States of America as well as those of individual countries. MMI and its contributors own all rights to any of the content of the MMI website. MMI reserves all rights to the products or services except those which are specifically granted to you under the terms of this agreement.

All usage rights under this agreement are contingent on the successful and completed payment to MMI for the specific product or service.

This Licensing Agreement grants you a perpetual, single-seat, non-exclusive, non-transferrable license. Unless the activity or use is described herein, it is disallowed. All other intellectual property rights to the Content, including, without limitation, all copyrights and other intellectual property rights relating to the Content, remain retained by MMI and/or the original content provider.

MMI makes no warranties or representations as to the legality or validity of your use of MMI products and services. The products and services provided by MMI are provided “as is” with no warranty of non-infringement, merchantability, or suitability both in type and quality for any particular use or requirement.

  1. Permitted Electronic Use
  2. Use of Content on one or more websites and blogs owned by the individual or Company, provided that no Content is displayed at a resolution greater than 1200x800 pixels;
  3. In coordination with opt-in email marketing. Content cannot be used for the purposes of unsolicited e-mail;
  4. Incorporated into software as a background image only, not for software design templates;
  5. As mobile phone wallpaper or a computer screensaver image for your personal, non-commercial use;
  6. Use in corporate film, CD, DVD or video for non-commercial use, not to exceed 10,000 copies;
  7. Use in multimedia presentations for non-commercial use;
  8. Use in electronic books as editorial. The MMI Copyright has to be displayed;
  9. Use in digital databases;
  10. Powerpoint presentations, provided that the images are clearly identified as copyright ownership of MMI; and
  11. For trials and electronic exhibits.
  1. Permitted Print Use
  2. As prints, posters and postcards for your personal, non-commercial use, not to be resold or redistributed, not to exceed 10,000 copies;
  3. On business cards, letterheads, brochures and catalogues not to exceed 10,000 copies;
  4. Use in advertising materials including packaging materials for the promotion of the sale of other goods and services not to exceed 10,000 copies;
  5. Use of Content for editorial purposes in newspapers, newsletters, journals, books, book covers not to exceed 10,000 copies;
  6. As décor or art display; and
  7. For trials and exhibits.

Part II: Usage Restrictions
Restricted Uses. You are prohibited from using Any Content that is not expressly permitted in the preceding section or allowed by a separate Extended License. For additional clarity, the following uses are prohibited, and you may not:

  1. Use Content in violation of a third party’s trademark or intellectual property. This includes use of the content on any posters (whether printed on canvas, paper, or any other medium) or other items for resale, license, or other commercial distribution;
  2. Use Content for design elements in software applications for resale (ios, android, windows, mac, or unix applications);
  3. Use Content as design elements in broadcast and/or film productions;
  4. Authorize any third party to use Content for the purposes of resale, sublicense, or facilitating availability in any electronic or print form;
  5. Use Content as part of a trademark or service mark application, or as a business logo;
  6. Use Content in automated or programmed methods to download other Content;
  7. Use Content as part of a physical item (postcards, mugs, stationary, t-shirts, posters and other items), software or design template (website templates, Flash templates, business card templates, electronic greeting card templates, brochure design templates,) for resale;
  8. Use or display Content in a manner that would give the impression that the Content was created by you or anyone else other than MMI;
  9. Use or display of Content in a form that is considered by MMI as or under applicable law as pornographic, obscene, immoral, infringing, defamatory, or libelous in nature, or that would reasonably be likely to bring any person or property reflected in the Content into disrepute;
  10. Use Content in a manner which would directly or indirectly compete with the MMI business;
  11. Remove any notice of copyright, trademark, or other proprietary right from any place where it is on or embedded in Content.
  12. Use or display content in an electronic format wherein it can be downloaded or distributed via mobile devices or share in any peer-to-peer or similar file sharing system;
  13. Either individual or in combination with other uses, reproduce the Content, or an element of the Content, in excess of 10,000 copies without obtaining an Extended License from MMI, in which you shall be required to pay an additional royalty fee of USD ___ for each reproduction in excess of 10,000 total reproductions. This additional royalty does not include advertisements in websites, or broadcasts for television, webcasts, theatrical production, or film;
  14. Use Content without displaying the following credit adjacent to the content or in any audio/visual production credits: (C) MMI, 2013;
  15. Install and use the Content in more than one location at a time or post a copy of Content on a network server or web server for use by others; and
  16. Sub-license, resell, rent, lend, assign, gift, or otherwise transfer or distribute Content or the rights granted under this Agreement.

Seat Restrictions. Only you are permitted to use the Content, although you may transfer files containing Content or Permitted Derivative Works to your clients, printers, or ISP for the purpose of reproduction for Permitted Uses, provided that such parties shall have no further or additional rights to use the Content and cannot access or extract it from any file you provide. You may install and use the Content in only one location at a time, although subject to the Prohibited Uses and the other terms of this Agreement, you are entitled to utilize the Permitted Uses an unlimited number of times. You may physically transfer the Content and its archives from one location to another, in which case you may use the Content at the new location instead. If you require the Content to be in more than one location or accessible by more than one person, you must download the Content from the Site for each such use or obtain an Extended License for a multi-seat license for the Content. You may make one (1) copy of the Content solely for back-up purposes, and you must reproduce all proprietary notices on this single back-up copy.


Part III: Miscellaneous
a. Excess Reproductions. In the event you contravene Part II Section 13 above without purchasing an Extended License, you further agree to notify MMI in the event that you (or a combination of you and others involved with you) reproduce the Content, or an element of the Content in excess of 10,000 times. Such disclosure notice must be sent to MMI each and every month after which the Content, or an element of the Content, has been reproduced in aggregate over the term of this Agreement in excess of 10,000 times. Each such notice must contain the number of reproductions made in any particular month, provided however the first such notice will only require disclosure of those reproductions which are in excess of 10,000. MMI shall invoice you for the fees associated with such excess use and you agree to pay such invoice within 30 days of receipt.

b. Termination. This Agreement is effective until it is terminated. You can terminate this Agreement by destroying the Content and any Permitted Derivative Works, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Content for any purpose. The Agreement also terminates without notice from MMI if at any time you fail to comply with any of its terms. Upon termination, you must immediately (i) cease using the Content and for any purpose; (ii) destroy or delete all copies and archives of the Content or accompanying materials; and (iii) if requested, confirm to MMI in writing that you have complied with these requirements.

c. State and Federal Taxes. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the Content, pursuant to this Agreement.

d. Refunds. Under no circumstances is MMI obligated to provide a refund for products or services purchased by you. However, in the event that MMI does determine that a refund is due to you, such refund will only be made to the credit card account originally used by you to conduct the purchase.

e. Indemnification. You agree to indemnify, defend and hold MMI, its affiliates, its Content providers and their respective directors, officers, employees, shareholders, partners and agents (collectively, the “MMI Parties”) harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable legal fees on a solicitor and client basis) incurred by any MMI Party as a result of or in connection with any breach or alleged breach by you or anyone acting on your behalf of any of the terms of this Agreement.

f. Limitation on Liability. In no event shall MMI’s total aggregate liability to you or any third party out of your use or inability to use any of MMI’s products or services exceed the monetary amount actually received by MMI for your use. Under no circumstances shall MMI, any of its owners, directors, officers, employees or affiliates be liable to you or any other third party for any general, punitive, indirect, consequential, incidental damages, lost profits, or any other costs or damages out of the use of MMI products or services.

g. Ability to Enter into Agreement. You warrant and represent that you are over the age of 18 and have the legal right to enter into this agreement.

h. Legal Counsel. You understand that you should seek legal counsel before using MMI products or services prior to use for any commercial purposes.

i. Account Owner Responsibilities.

  1. If you enter into this agreement on behalf of a third party, you warrant and represent that the full authority and permission to do so. If you do not have the authority to enter into this agreement you agree that you will be personally liable for any breaches of the terms of this agreement.
  2. You warrant and represent that all personal and payment information provided to MMI is accurate and complete. Falsification of such information may result in the termination of this agreement.
  3. You accept responsibility of any and all activities conducted through your MMI account, including purchases of MMI Content.
  4. You agree that you will not share your username and/or password with any third party.
  5. You agree to notify MMI immediately of any unauthorized use of your account.
  6. You agree to credit MMI and its Copyright for any and all editorial uses of MMI content.
  7. If MMI terminates your user account for any reason, you agree not to access the MMI website for any reason or purpose.

j. Complaints to ic3. In the event that you provide fraudulent information including credit card information to open an account, purchase MMI products or services, or otherwise engage in criminal conduct, MMI will file a complaint with www.ic3.gov, as well as other local or federal law enforcement agencies.

k. Severability. If all or part of any provision of this Agreement is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place of such whole or part provision an enforceable provision or provisions, that as nearly as possible reflects the terms of the unenforceable whole or part provision.

l. Choice of Law. You agree that this Agreement shall be governed under the laws of the State of Colorado and the federal laws of the United States applicable therein (without reference to conflicts of law principles).

m. Changes to the Agreement. MMI may from time to time amend the terms of this agreement without notice. You will be notified of such changes through the contact information you provide on your account information. You agree to be bound these changes. If you do not agree to these changes, do not use MMI products or services.

n. Contact. If you have concerns or questions relating to this agreement, please contact MMI at support@medicalmediaimages.com or via phone at (303) 550-0403.

o. Acknowledgement. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF MMI AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS WEBSITE ALONG WITH THE PRESENT LICENSE AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND MMI, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND MMI RELATING TO THE SUBJECT OF THIS AGREEMENT.

 


 

MMI Extended Licensing Agreement

Provided herein are the additional terms and conditions of the Extended License provisions available from Medical Media Images ("MMI") for certain uses of Licensed Content. Please carefully read the complete terms of each provision of both the License Agreement and the Extended License Agreement before downloading any files offered by MMI and/or entering into this Extended License Agreement. In each case where the Standard License Agreement is amended by the terms of an Extended License, all other terms and conditions of the Agreement shall remain in full force and effect, including all Prohibited Uses.

1. Multi-Seat Licenses. This option allows you to extend usage of the Content to more than one person within your organization and more than one physical location.

2. Reproduction / Print Run Limits. The Standard License Agreement limits the amount of reproductions you can have of the Content. By purchasing this Extended License, you may make an unlimited number of reproductions of the content.

3. Items for Resale - Limited Run. You may purchase Extended Licenses allowing uses of the Content in items for resale, license, or other distribution, including:

  1. up to 100,000 cards, stationery items, stickers, or paper products,
  2. up to 10,000 posters, calendars, mugs, or mousepads,
  3. or up to 2,000 t-shirts, apparel items, games, toys, entertainment goods, or framed artwork.

4. Electronic Items for Resale - Unlimited Run. You may also purchase the option to resell the Content in an unlimited number of electronic templates for e-greeting or similar cards, electronic templates for web or applications development, PowerPoint or Keynote templates, screensavers, and email or brochure templates.

5. General. The following are the legal provisions that give effect to the various Extended License options. These must be read in conjunction with the Content License Agreement, but are set out below for convenience.

a. Reproduction / Print Run Limits. Notwithstanding the restriction contained in section 4(a)(15) of the Standard License Prohibitions limiting you to 10,000 reproductions, you shall be entitled with respect to this Content to an unlimited number of reproductions, and the Agreement is deemed amended in that respect. All other terms and conditions of the Agreement remain in full force and effect, including all Prohibited Uses.

b. Multi-Seat Licenses. Notwithstanding the restriction contained in section 4(a)(11) of the Standard License Prohibitions limiting you to a single seat or location to use the Content, you shall be entitled with respect to this Content to an unlimited number of seats or users of the Content within your organization, provided all such users are either employees or agree with us to be bound by the Agreement, and that you remain liable for all use by such additional users. The Agreement is hereby deemed amended in that respect. All other terms and conditions of the Agreement remain in full force and effect, including all Prohibited Uses.

c. Items for Resale - Limited Run. Notwithstanding the restriction contained in section 4(a) of the Standard License Prohibitions prohibiting the use or display of the Content in items for resale, you shall be entitled with respect to this specific Content to produce the following items for resale, license, or other distribution:
            1. up to 100,000 postcards, greeting cards or other cards, stationery, stickers, and paper products,
            2. up to 10,000 posters, calendars or other similar publications, mugs or mousepads,or
            3. up to 2,000 t-shirts, sweatshirts, or other apparel, games, toys, entertainment goods, framed or mounted artwork in or on which the Content is used or displayed (the "Resale Merchandise"), provided that:

  1. the right to produce the Resale Merchandise in no way grants any right to you or any recipient of the Resale Merchandise in any intellectual property or other rights to the Content;
  1. you agree to indemnify the MMI, its parent companies, affiliates, agents, and contractors, from any cost, liability, damages or expense incurred by any of them relating to or in connection with any of the Resale Merchandise;
  2. any production of Resale Merchandise in excess of the allowed run size is prohibited and requires the Content to be purchased separately;
  3. all other terms and conditions of the Agreement remain in full force and effect, including all Prohibited Uses.

d. Electronic Items and Merchandise for Resale or Other Distribution - Unlimited Run. Notwithstanding the restriction contained in section 4(a) of the Standard License Prohibitions prohibiting the use or display of the Content in items for resale, you shall be entitled with respect to this specific Content to produce an unlimited number of the following items for resale, license or other distribution:
electronic templates for e-greeting or similar cards, electronic templates for web or applications development, PowerPoint or Keynote templates, screensavers, and email or brochure templates in or on which the Content is used or displayed (the "E-Resale Merchandise"), provided that:

  1. the right to produce the E-Resale Merchandise in no way grants any rights to you or any recipient of the E-Resale Merchandise in any intellectual property or other rights to the Content;
  2. you agree to indemnify the MMI Parties from any cost, liability, damages or expense incurred by any of them relating to or in connection with any of the E-Resale Merchandise;
  3. all other terms and conditions of the Agreement remain in full force and effect, including all Prohibited Uses.