LICENSING AGREEMENT

The following is an Attribution, worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable, Non-Commercial licensing agreement (the 'Agreement' or 'License') between you, or your employer, or any other entity on whose behalf you are entering this Agreement, or which is exercising the Licensed Rights under this License ('You'), and the City of Albuquerque (the 'LICENSOR').  Read this Agreement before downloading any images or videos ('Licensed Material') from this library created by Marble Street Studio, Inc.  By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this Agreement. To the extent this License may be interpreted as a contract, You are granted the Licensed Rights in consideration of Your acceptance of these terms and conditions, and the LICENSOR grants You such rights in consideration of benefits the LICENSOR receives from making the License Material available under these terms and conditions.

I.               Definitions

  1. Adapted Material is defined as material subject to Copyright and Similar rights that is derived from or based upon the Licensed Material and in which the Licensed Material is altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar rights held by the LICENSOR.
  2. Adapter's License means the license You apply to Your Copyright and Similar Rights in Your contributions to Adapted Material in accordance with the terms and conditions of this License.
  3. Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, sound recording, and Sui Generis Database Rights, without regard to how the rights are labeled or categorized. For purposes of this License, the rights specified in Section II(b)(1)-(2) are not Copyright and Similar Rights.
  4. Effective Technological Measures means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under the U.S. Digital Millennium Copyright Act, Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements.
  5. Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.
  6. Licensed Rights means the rights granted to You subject to the terms and conditions of this License, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Material and that the LICENSOR has authority to license.
  7. Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.
  8. Sui Generis Database Rights means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world.
  9. Non-Commercial means not primarily intended for or directed towards commercial advantage or monetary compensation. For purposes of this License, the exchange of the Licensed Material for other material subject to Copyright and Similar Rights by digital file-sharing or similar means is Non-Commercial provided there is no payment of monetary compensation in connection with the exchange.

 

II.              Scope

  1. License grant
    1. Subject to the terms and conditions of this License, the LICENSOR hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to:

 

      1. incorporate Licensed Material into websites, and software (including mobile apps) as background images or splash screens;
      2. incorporate Licensed Material into film, video, multimedia presentations,  advertising for broadcast, or public performance;
      3. incorporate Licensed Material in eBooks, including multi seat license electronic textbooks;
      4. use Licensed Material as prints, posters, port cards for your own personal use and display, including display in commercial settings;
      5. incorporate Licensed Materials into advertising materials, posters, and tradeshow signage for use in promoting the sale of other products or services;
      6. use Licensed Materials in magazines, newspapers, books, book covers, and/or textbooks for editorial and adverting purposes;
      7. use Licensed Materials for the packaging of any product;
      8. incorporate Licensed Materials on letterhead and business cards, pamphlets, brochures, and catalogs; and
      9. incorporate Licensed Materials into set design and dressing for public performance;
      10. reproduce and Share the Licensed Material, in whole or in part, for Non-Commercial purposes only;
      11. produce, reproduce, and Share Adapted Material for Non-Commercial purposes only.
    1. Exceptions and Limitations. Where Exceptions and Limitations apply to Your use, this License does not apply, and You do not need to comply with its terms and conditions.
    2. Term. The term of this License is specified in Section VI(a).
    3. Media and formats; technical modifications allowed. The LICENSOR authorizes You to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The LICENSOR waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For purposes of this License, simply making modifications authorized by this Section II(a)(4) never produces Adapted Material.
    4. Downstream recipients.
      1. Offer from The LICENSOR – Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the LICENSOR to exercise the Licensed Rights under the terms and conditions of this License.
      2. Additional offer from The LICENSOR – Adapted Material. Every recipient of Adapted Material from You automatically receives an offer from the LICENSOR to exercise the Licensed Rights in the Adapted Material under the conditions of the Adapter's License You apply.
      3. No downstream restrictions. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.
    5. No endorsement. Nothing in this License constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the LICENSOR or others designated to receive attribution as provided in Section III(a)(1)(A)(i).
  1. Other rights.
    1. Moral rights, such as the right of integrity, are not licensed under this License, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the LICENSOR waives and/or agrees not to assert any such rights held by the LICENSOR to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise.
    2. Patent and trademark rights are not licensed under this License.
    3. To the extent possible, the LICENSOR waives any right to collect royalties from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases the LICENSOR expressly reserves any right to collect such royalties, including when the Licensed Material is used other than for Non-Commercial purposes.

 

 

III.            License Conditions

Your exercise of the Licensed Rights is expressly made subject to the following conditions.

  1. Attribution.
    1. If You Share the Licensed Material (including in modified form), You must:
      1. retain the following if it is supplied by the LICENSOR with the Licensed Material:
        1. identification of MarbleStreetStudio.com as the creator(s) of the Licensed Material;
        2. a copyright notice;
        3. a notice that refers to this License by the City of Albuquerque;
        4. a notice that refers to the disclaimer of warranties;
        5. a URI or hyperlink to the Licensed Material to the extent reasonably practicable;
      2. indicate if You modified the Licensed Material and retain an indication of any previous modifications; and
      3. indicate the Licensed Material is licensed under this License, and include the text of, or the URI or hyperlink to, this License.
    2. You may satisfy the conditions in Section III(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
    3. If requested by the LICENSOR, You must remove any of the information required by Section III(a)(1)(A) to the extent reasonably practicable.
  2. Share Alike.

In addition to the conditions in Section III(a), if You Share Adapted Material You produce, the following conditions also apply.

    1. You must include the text of, or the URI or hyperlink to, the Adapter's License You apply. You may satisfy this condition in any reasonable manner based on the medium, means, and context in which You Share Adapted Material.
    2. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, Adapted Material that restrict exercise of the rights granted under the Adapter's License You apply.

c.     City of Albuquerque and State of New Mexico.  The Licensed Material is not to be used to disparage, insult, ridicule, mock, or otherwise denigrate the City of Albuquerque or the State of New Mexico.

 

d.     You shall not:

1.     use any Licensed Materials in connection with offensive materials including but not limited to pornography, ads for tobacco products, controlled, or addictive substances; promotional materials for adult entertainment clubs, escorts services, dating services, political endorsements, or in any manner that is defamatory, or is associated with unlawful content;

2.     use any Licensed Materials on any third party social media website or platform if such social media website or platform claims to acquire rights contrary to this License as a result of such use; or

3.     use still images captured from video clips.

 

 

IV.            Sui Generis Database Rights

Where the Licensed Rights include Sui Generis Database Rights that apply to Your use of the Licensed Material:

  1. if You include all or a substantial portion of the database contents in a database in which You have Sui Generis Database Rights, then the database in which You have Sui Generis Database Rights (but not its individual contents) is Adapted Material, including for purposes of Section 3(b); and
  2. You must comply with the conditions in Section 3(a) if You Share all or a substantial portion of the contents of the database;
  3. Section II(a)(1) grants You the right to extract, reuse, reproduce, and Share all or a substantial portion of the contents of the database for Non-Commercial purposes only.

This Section 4 supplements and does not replace Your obligations under this License where the Licensed Rights include other Copyright and Similar Rights.

V.             Disclaimer of Warranties and Limitation of Liability

  1. Unless otherwise separately undertaken by the LICENSOR, to the extent possible, the LICENSOR offers the Licensed Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.
  2. To the extent possible, in no event will the LICENSOR be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this License or use of the Licensed Material, even if the LICENSOR has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You.
  1. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.

 

VI.            Term and Termination

  1. This License applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this License, then Your rights under this License terminate automatically.
  2. Where Your right to use the Licensed Material has terminated under Section VI(a), it reinstates:
    1. automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or
    2. upon express reinstatement by the LICENSOR.

This Section 6(b) does not affect any right the LICENSOR may have to seek remedies for Your violations of this License.

  1. The LICENSOR may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this License.
  2. Sections I, V, VI, VII, and VIII survive termination of this License.

VII.          Other Terms and Conditions

  1. The LICENSOR shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
  2. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this License.

VIII.         Interpretation

  1. This License does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this License.
  2. To the extent possible, if any provision of this License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this License without affecting the enforceability of the remaining terms and conditions.
  3. No term or condition of this License will be waived and no failure to comply consented to unless expressly agreed to by the LICENSOR.
  4. Nothing in this License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the LICENSOR or You, including from the legal processes of any jurisdiction or authority.