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Licence agreement for autopistas images
1. Downloading files gives users the non-transferable, non-exclusive right to use and reproduce the file only in the ways described below:
Printed uses: any printed material except for "photographic products on sale to the public" (defined below). Acceptable uses include promotional material (cards, tee shirts, postcards, posters, telephone cards, credit cards, templates, CD covers, tape covers, board games and calendars), magazines, newspapers, advertisements, reviews, catalogues, leaflets, reports, disposable wrappers, book covers and educational texts. The following are included under but not limited to "photographic products on sale to the public": cards, calendars, postcards, stationery, posters, tee shirts, ties, mugs with photos and mouse mats on sale (wholesale and retail).
Other uses: any electronic or digital material including screen protectors, electronic cards, websites (except website templates), broadcasting videos, multimedia including films and videos, provided the image resolution does not exceed 480 x 640 pixels and when incorporated within a design in such as way that it is clear the image cannot be downloaded, copied or distributed.
Restrictions. autopistas. reserves the right to give notice, at its discretion and while this agreement is in force, that certain images are no longer available for use in this media library so that, as from the date of this notification, the licence granted by autopistas. shall terminate automatically and immediately. The user has sole liability for using the images together with any other material.
The use of the images is forbidden in the following cases, although not limited to these:
- as a trademark or service mark.
- for unlawful purposes.
- for defamatory purposes.
- to violate anyone's right to privacy or publicity.
- to violate rights of ownership, brand, trademark or service mark of any person or organisation.
- related to conflictive issues, such as (but not limited to) themes that show the object of an image negatively or unfavourably or that ridicule people and themes related to sex, drug abuse, physical or mental abuse, alcohol, drugs, tobacco, AIDS, cancer or serious physical or mental illnesses or the denigration of any person or product.
5. The user agrees to indemnify and defend autopistas and its image suppliers regarding any claim, liability, injury, costs or expenses, including reasonable lawyers' costs and fees, resulting from (i) non-compliance by the present user, (ii) of the use or modification of single images or together with any other material and (iii) of the non-compliance of restrictions regarding the use of the images or (iv) of any third party complaint regarding the use of single images or together with any other material.
6. Limited guarantee. Notwithstanding the restrictions and limitations regarding the use of images that are the object of this media library, autopistas guarantees that it is the owner or has acquired sufficient rights over the ownership of the images to grant limited licence under this exclusive agreement as legal recourse of the user concerning the impossibility of the latter to use the Abertis Media Library.
Autopistas does not guarantee nor does it accept liability for any image that: (a) the user may have modified (b) the user may have combined with other products, images, content or material or (c) autopistas may have previously notified to the user that it is forbidden to grant the image under licence or for any other use.
Neither autopistas nor any of its directors, heads, employees, shareholders, licence holders or agents shall be liable regarding the user for indirect, resulting, punitive or unforeseen damages due to the use or the incapacity to use the website or the images of Abertis, even in the event that Abertis has been informed of the possibility of these damages.
7. The user ACCEPTS that AUTOPISTAS does not assign image or exploitation rights regarding plastic works of art, any architectural works, works of interior design or photographed objects.
AUTOPISTAS and/or the PHOTOGRAPHER shall not be considered as liable for any conflict that may arise from the digital or analogue manipulation of the image, of any equivocal, inappropriate or unauthorised use of the images and/or text accompanying them that may injure the rights or interests of physical and legal persons, institutions, etc.
The user and/or user accepts to indemnify and hold AUTOPISTAS and/or the PHOTOGRAPHER harmless regarding any claim for damages, costs, including the costs of judicial or extrajudicial defence resulting from the undue use or infraction of any of the terms by this user.
8. This agreement shall be governed by Spanish legislation, notwithstanding the rules of private international law. Any legal conflict regarding this agreement shall be heard under the exclusive jurisdiction of the courts of justice of Barcelona and the user accepts the jurisdiction of these courts by means of this agreement. This agreement cannot be transferred or modified without the prior consent in writing of autopistas.