In this Agreement the clauses are for convenience only and shall not affect the construction of this Agreement.
Words denoting the singular shall include the plural and vice versa. The Software license and the Data License granted to the User are all part of the terms and conditions of this Agreement. PPL Ltd reserves the right to alter the contents, manner of presentation and/or specifications of the Library service and/or the data and to remove any part of the data from the Library either temporarily or permanently without notice to the User. No variation or these terms and conditions set out herein shall be effective unless agreed in writing by both parties. No property or copyright in any data shall pass to the User whether on its submission or on the User's grant of reproduction rights in respect thereof.
PPL Ltd grants to the User a non-exclusive, non-transferable license to copy and reproduce data accessed and retrieved from the library as part of the library service for the purpose of creating hard copy 'Mock ups' for its own internal use. The browse data may not be used for any multimedia activity including use on the Web.
The User may not copy, reproduce and/or use the data in any way or for any purpose other than those specified by the User during the Checkout stage. The User must use the software to select data (those still images, video clips, audio clips and/or text in the data which it wishes to copy, reproduce and/or use, specifying the usage to which it wishes to put that data and the frequency to which such data will be exposed, confirm and accept the Download Charges (unless otherwise agreed in writing by PPL Ltd) to be incurred by the User for such usage and frequency and download and store such data onto the User's computer equipment using the software, at which point such download charges will become payable to PPL Ltd. Reproduction rights (if and when granted) are strictly limited to the use, period of time and territory specified by the User at the Checkout stage, and unless otherwise agreed in writing, relate to a single usage. Reproduction rights are not granted exclusively to the User except when specified in writing by PPL Ltd. Reproduction rights granted are personal to the User and may not be assigned, nor may any data downloaded by the User be loaned or transferred to third parties save for the purpose of the exercise by the User of such reproduction rights. Any reproduction rights granted are by way of license and no partial or other assignment of copyright shall be implied.
PPL Ltd's Invoice shall be paid within 30 days from date of invoice. If payment is not made within 30 days, then PPL Ltd may rescind this Agreement and recover damages, or, at its option, may charge interest on the overdue amount at 2% per month on the outstanding balance.
All Download charges and any other charges payable to PPL Ltd by the User under the terms of this Agreement are exclusive of Value Added Tax which shall be paid by the User at the rate and in the manner for the time being prescribed by law. Data marked 'copyright free' is free to the User for editorial purposes only. When copyright free data is to be used for commercial or promotional purposes the User must verify this during the checkout stage and agree to the reproduction fees.
PPL Ltd reserves the right to increase its Download charges from time to time without notice to the User.
PPL Ltd reserves the right to alter the contents, manner of presentation and/or specification of the library service and/or the Data and to remove any part of the Data from the library either temporarily or permanently without notice to the User. PPL Ltd will use all reasonable endeavours to keep the Library services in operation 24 hours a day 365 days a year.
Unless otherwise agreed in writing, if any data reproduced by the User omits copyright notice or credit line specified by PPL Ltd, the reproduction fee payable by the User shall be subject to a 20% increase. The right to a credit is asserted in accordance with sections 77 & 78 Copyright, designs and patents Act 1998
The User acknowledges that the copyright and all other intellectual property and other rights in all artistic, literary or other works comprising the Data in the Library are owned either by PPL Ltd or its contributors to the Library.
PPL Ltd shall have no liability to the User in contract, tort or otherwise for any loss or damage (including, without limitation, loss of or damage to the User's software and/or data) which the User suffers (whether direct, consequential or any other form of loss) as a result of any error, inaccuracy in or computer virus in or introduced into the User's computer system, software, data or communication facilities by or in media on which they are contained or the delivery method by which they shall be received or as a result of the User using the library service or as a result of any failure on the part of PPL Ltd to provide the library service.
No addition to, deletion from or alteration to or adoption of any data may be made without the written permission of PPL Ltd
In the case of printed publications, two copies of the relevant pages containing any data supplied by PPL Ltd are to be furnished to PPL Ltd by the User, free of charge within two weeks. In other media, evidence of use must be supplied within two weeks of PPL Ltd's request, at the User's cost.
This Agreement may be assigned by PPL Ltd only.
While PPL Ltd takes all reasonable care in the performance of this Agreement generally, PPL Ltd shall not be liable for any loss or damage suffered by the User or by any third party arising from use or reproduction of any data.
It is the User who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that PPL Ltd gives no warranty or undertaking that any such rights, releases or consents are or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works or art depicted in any data. In the event that the data is used or in reproduction by or with authority of the Subscriber then the User shall indemnify PPL Ltd against any loss, damage, proceedings or costs where such rights, releases or consents have not been obtained.
This Agreement shall be subject to and construed according to English Law and the parties agree to accept the exclusive direction of the Courts of England.