Terms and Conditions for Licencing Images

You can download a printable version of our licencing terms here>>>


This is a legal agreement between you, the User and Neill Watson who is
the registered copyright holder of the images.
Read this agreement in its entirety before you use the image(s).
1. Definitions

"Terms"
Means the terms and conditions set out in this agreement and includes the terms of the
License Confirmation Form(s).

"Image(s)"
Means the Image(s) you have selected which is/are the subject of the License Confirmation
details on the invoice.

"License to Use"
Means the non-exclusive (unless otherwise stated in the License Confirmation Form) non-
sublicencable right Neill Watson grants to you or your employer (if you are licensing
on behalf of your employer) to use the Image you have selected.

"License Confirmation Form"
Is the section of this agreement, which grants you limited reproduction rights over the
Image(s) to which it refers.

"Reproduction"
Includes any form of copying or publication of the whole or part of any Image whether by
printing, slide projection (whether or not to an audience), electronic, digital or
mechanical means, use as a reference by an artist or in an artist's illustration or by any
other means. Reproduction further includes the copying or distortion or manipulation
of the whole or part of the Image (for example, by computer, electronically, digitally by
an artist or by any other means), even though the resulting Image may not appear to a
reasonable person to be derived from the original Image.

"Release"
Means an adult Release, property Release or any other release of a third party right, which it
is necessary or desirable to obtain in respect of the Image.

"License Fee"
Means any sum or sums actually received by Neill Watson from you in
payment of the License to Use.

2. Contracting parties

The parties to this contract are Neill Watson and you. If you are
entering into this agreement on behalf of your employer, the license granted and
restrictions and limitations recited herein apply to your employer and to you as a
representative of your employer. Should you cease working for your employer, your
employer may continue to operate under this agreement and your rights under this
agreement will be terminated.
3. License Confirmation Section of You Invoice.

The License Confirmation section of your invoice gives details of the rights granted for
the use of the images detailed on that invoice.

4. Grant of License


i. Neill Watson grants to you the right to use the Image(s) subject to
the restrictions set out in the License Confirmation section of your invoice.

ii. The Image(s) may not be sublicensed, resold or otherwise made available for use or
distribution separately or detached from a product or web page. For example, the
Image(s) may be used as an integral part of a web page design, but may not be made
available for downloading separately or in a format designed or intended for
permanent storage or re-use by website users. Similarly, your customers may be
provided with copies of the Image(s) as an integral part of work product, but may not
be provided with the Image(s) or permitted to use the Image(s) separately.


5. Copyright Issues


No ownership or copyright in any Image shall pass to you by the issue of a License to
use with respect to the Image. You must provide copyright protection for any Image
you download from this website. Unless otherwise agreed in writing, if any Image
reproduced by you for editorial purposes (i.e., for any non-promotional purpose) omits
the credit line "Neill Watson / Driving Images", an additional fee equal to thirty
percent (30%) of the original amount invoiced shall be payable by you.


6. Warranties and Limitation of Liability

i. Neill Watson warrants the digital copy of the Image supplied to be
free from defects in material and workmanship for 10 days from delivery. The sole and
exclusive remedy for a breach of the foregoing warranty is the replacement of the
digital copy of the Image or refund of the Reproduction fee paid by you, at the option
of Neil Watson

ii. In the event that the Image licensed to you is erroneously licensed to another entity for
a conflicting use, as determined at Neill Watson sole discretion, or if
Neill Watson is liable to you or your employer for any reason, then
Neill Watson liability to you shall be limited to the sum invoiced and
paid by you for the use of the particular Image involved.

iii. Neill Watson shall not be liable for any loss or damage suffered by
you or by any third party arising from use or reproduction of any Image or its caption.
Damages for any other breach shall be limited to the license fee paid by you.

iv. Neill Watson makes no other warranty, express or implied,
including, without limitation, any implied warranties of merchantability or
fitness for a particular purpose. Neill Watson shall not be
liable to you or any other person or entity for any general, special, direct,
indirect, consequential, incidental, lost profits or other damages arising out of
this license or otherwise.
v. Neill Watson will not be liable for any direct, indirect,
consequential or incidental damages arising out of the inability to use the
images or the inability to obtain additional rights to an image including
additional releases or authorizations by trademark holders eg car
manufacturers. Additional rights may be required to use an image (such as
releases or authorizations from vehicle manufacturers or trademark holders.
You understand and agree that Neill Watson do not have
such additional rights to grant.


7. Duplication and Storage

i. The Image(s) shall not be duplicated or electronically retained except for your internal
administration purposes. For example, one copy of the Image(s) may be made for
backup purposes only, but may be used only if the original Image(s) becomes defective,
or is destroyed or otherwise irretrievably lost.

ii. If the Image is electronically stored for your internal administration purposes, you must
provide the copyright symbol, the name Neill Watson and the Neill Watson identification
number as part of the electronic file. In addition, you may only use a single copy of the
Image on a single computer. You may only download the Image onto one computer
hard drive or other computer medium and may not otherwise make, use or distribute
copies of the Image for any purpose. You may not use the Image on any image storage
jukebox, network configuration or similar computer network arrangement.

iii. When your license period as set out in the License Confirmation Form ends, you shall
promptly delete the image from your computer or other electronic storage system.
Neill Watson may, at their option, request written confirmation that
this has taken place.


8. Payment

No reproduction of the image can occur until payment has been received by Neill
Watson . Any reproduction by you prior to payment being received
constitutes a breach of this agreement, which entitles Neill Watson
to rescind this agreement and seek damages from you and your employer, as applicable.


9. Nature and Extent of License

i. Reproduction rights are strictly limited to the use, medium, period of time, print run,
placement, size of image, territory and any other restrictions specified in the License
Confirmation section of your invoice. Use of the image in a manner not specifically
authorized by the License Confirmation Form constitutes a breach of this agreement
and will subject you to damages.

ii. Use of the image for a reference in creating a computer-generated drawing may not
occur unless specifically authorized in the License Confirmation Form.

iii. The license to use the image on or in a product does not grant you the right to use that
image in any manner, directly or indirectly in the advertising of such product unless
that right is also specifically granted.
iv. All rights not expressly granted are reserved; any license granted is further limited as
set forth in any restrictions included on the Invoice. User agrees to inform Neill
Watson if it becomes aware of any infringement of any rights in
an Image and to cooperate with any reasonable request of Neill Watson in connection therewith.
v. Pornographic, defamatory, libelous or otherwise unlawful use of the image is strictly
prohibited.

10. Unauthorized Use of Images

You agree to indemnify and hold Neill Watson harmless against any
claim for damages, losses or any costs, including attorneys' fees, arising in any manner
whatsoever from the unauthorized use of any Image supplied to you by Neill Watson , or for your breach of any of the terms of this agreement.

11. License Not Assignable

Reproduction rights granted to you may not be assigned. They are personal to you or
your employer.

12. Release Information

i. Neill Watson gives no representations or warranties whatsoever as to
the existence of any Release associated with the Image.

ii. Neill Watson gives no representations or warranties whatsoever with
respect to the use of names, trademarks, logos, uniforms, registered or copyrighted
designs or works of art depicted in the Image.

iii. You must satisfy yourself that all necessary rights, consents or permissions as may be
required for Reproduction of the Image have been secured.
iv. You hereby indemnifies and agrees to defend the Neill Watson , and
their respective employees against all claims, liability, damages, costs and expenses,
including legal fees and expenses, arising out of: (i) any use of an Image for which
no property release or model release or other release was furnished to you; (ii) any
use of an Image beyond the scope of the rights granted herein; (iii) any use of an
Image for which the you did not obtain necessary authorization and approval from
a trademark holder (e.g. automotive manufacturer) and ; (iv) any use of an Image
which has been altered in any way by you, including claims for defamation or
infringement of rights of copyright, publicity, privacy or other tangible or intangible
property.

13. License Fee

Neill Watson fee for your License to Use the Image(s) under the
terms of the License Confirmation Form depends on the nature of the rights granted.
You agree to notify Neill Watson in the event that you desire to
expand the usage for the Image and pay any additional License Fee.

14. License Cancellation

You may cancel the image license within seven working days from the date of the
invoice without charge. If you cancel less than 30 working days after the invoice date, a
cancellation fee of fifty (50%) percent of the invoice will be charged. After thirty
working days, no cancellations will be accepted and the full amount of the invoice must
be paid. Canceling the license revokes any right to publish the image in any shape or
form. We do not count local holidays in calculating working days.

15. Interest on Overdue Invoices and Reasonable Recovery Costs

If you are in the UK:
Neill Watsonwill exercise our statutory right to claim interest and
compensation for debt recovery costs under late payment legislation if we are not paid
according to agreed terms. Interest will be charged at the Bank of England base rate
plus 8%.

For account holders in the EU:
Neill Watson will exercise our statutory right to claim interest and
compensation for debt recovery costs under late payment legislation if we are not paid
according to agreed terms. Interest will be charged at the ECB base rate plus 7%.

For account holders in the US and Rest of the World:
Neill Watson will claim interest if we are not paid according to
agreed terms, at the rate of the Bank of England base rate plus 8%.

16. Condition of Images

Please make sure that you examine the Image you intend to use for possible defects before
sending the Image for Reproduction. Neill Watson shall not be liable
for any loss or damage suffered by you or any third party arising from any alleged or
actual defect in any Image or it's caption or in any way from it's Reproduction

17. Arbitration

Any and all disputes arising out of, under or in connection with this contract, including,
without limitation, the validity, interpretation, performance and breach hereof, shall be
settled by arbitration in the English courts.

18. Miscellaneous Terms

No variation of any of these Terms shall be effective unless agreed in writing by Neill
Watson and you. No action of Neill Watson, other than
an express written waiver, may be construed as a waiver of any clause of this agreement. In
the event that Neill Watson waives any specific part of this agreement,
such fact does not mean that any other part is waived. Should any clause of this agreement
be found unenforceable, that will not affect any other clause and each will remain in full
force and effect. In the event of any inconsistency between the printed terms contained
herein and the terms contained on any purchase order sent by you or your employer, the
terms of this agreement shall govern. This agreement, its validity and effect, shall be
interpreted under and governed by the laws of England. If Neill Watson is
required to enforce its rights as a result of any breach of these terms, whether legal
proceedings are commenced or not, you agree to indemnify Neill Watson
for all such reasonable legal fees and costs incurred by Neill Watson.