ASIAPRESS IMAGE(video-footage/photo) LICENSING

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Conditions of Use (Version 00103-2011V1)

Client shall agree to following conditions at using the IMAGE(footage/photo) of ASIAPRESS.
ASIAPRESS does not grant perpetuity rights. This is non-exclusive licensing for using IMAGE of ASIAPRESS. Any unauthorized use of ASIAPRESS IMAGE shall be considered as infringement, and may be billed for damage compensation or could result in legal proceedings.

(1)- ONE TIME USE;
Unless otherwise stated, use of IMAGE shall be solely for the specific use as stated by client when obtaining an usage quote. In case of additional and future usage of IMAGE shall be re-negotiated with ASIAPRESS before using IMAGE. Any use of IMAGE without written consent shall be considered as infringement.
(For TV, re-broadcasting the IMAGE for multiple times shall be granted only within 24 hours from the first airing.)

(2)- NO IMAGE RE-USE/RE-DISTRIBUTION/SELLING/LENDING;
Unless otherwise stated, client shall not re-distribute, sell, lend IMAGE to any third party in any form.
At distributing, transmitting, and delivering the article/program to the affiliated publisher/TV stations, client shall undertake the obligation to enforce responsible publisher/editor/affiliated parties all articles of this conditions of use.
In case client intends to sell the program as DVD/VHS or internet posting, any part of IMAGE shall be removed completely from the program.

(3)- FOREIGN LANGUAGE PUBLISHING;
Unless otherwise stated, in case of publishing the book/article in foreign language containing IMAGE, fee arises to every language versions. Client shall undertake the obligation to enforce foreign publisher/editor/affiliated parties all articles of this conditions of use.

(4)- DOMESTIC AND INTERNATIONAL BROADCASTING AND PROGRAM DISTRIBUTION TO FOREIGN AFFILIATED STATION
Unless otherwise stated, client shall not distribute, deliver, sell the IMAGE to foreign stations/production/program maker/affiliated parties.
(In case ASIAPRESS licensed client to distribute or deliver the IMAGE to foreign countries, client shall declare ASIAPRESS before distribution. And client shall undertake the obligation to enforce foreign　stations/production/program maker/affiliated parties all articles of this conditions of use.)

(5)- CREDIT;
Unless otherwise stated, ASIAPRESS basically delivers the credit-burned footage to the client.
In case the client uses the non credit-burned raw footage delivered by ASIAPRESS, copyright credit shall be displayed at every appearance of IMAGE. The credit differs by every IMAGE. ASIAPRESS indicates proper credit;
[example 1] ASIAPRESS
[example 2] Byline(a name of shooter)/ASIAPRESS

(6)- INTERNET USE;
Unless otherwise stated, IMAGE shall not be posted on the internet website.

(* For TV. In case TV station posts the aired program on internet, ASIAPRESS grants the use of IMAGE only within 24 hours from the first appearance of the IMAGE on an own TV station’s website. Uploading the same copy or the trailer of the program using the IMAGE on external web movie service such as YouTube is NOT possible. In case of the using the captured still-picture from the IMAGE(footage) for the text-article of the program, ASIAPRESS delivers the credit-burned picture to protect from the unauthorized use.
In case client intends to post the IMAGE(footage/photo) more than 24 hours, client shall make an extra agreement with ASIAPRESS.

(7)- NO PUBLICATION ADVERTISEMENT USE;
Client shall not use IMAGE in any other form including the publication advertisement/guidance, program trailer without prior written consent from ASIAPRESS.

(8)- IMAGE PROCESSING;
In case of IMAGE processing, cropping/trimming or effects shall be granted only under the condition in respect of the IMAGE not harming the original idea and intention of the copyright holder. In consideration of protecting the identity of the person appeared in IMAGE, ASIAPRESS may process mosaic or blur IMAGE before delivering to the client when ASIAPRESS finds necessity. ASIAPRESS will notify and negotiate this with client beforehand.

(9)- NO STORAGING;
Client shall not store IMAGE in own archive or database. All IMAGES shall be discarded from computer or videotape/DVD of the client after the use as well as not using IMAGE afterwards.

(10)- FOOTAGE RETURN;
In case client receives the IMAGE(footage) by video-tape/DVD, to avoid future troubles or accidental improper use, client shall return the videotape of IMAGE(footage) to ASIAPRESS within 90 days after the application of IMAGE regardless of actual use or not use. Client shall absorb the shipping cost for returning.

(11)- LENGTH DECLARATION;
Client(TV/filmmaker) shall declare ASIAPRESS the actual length(minutes/seconds) of using IMAGE without undue delay after the show.
All actual time IMAGE appearance shall be counted in the program INCLUDING monitor-back screen showing at the studio.

(12)- SEND A COPY;
Client shall send a copy of the publication/article/program/video-filmworks to ASIAPRESS after the first appearance of IMAGE without undue delay. ASIAPRESS shall use the copy only for the purpose of confirmation.

(13)- RIGHT OF DECLINING;
ASIAPRESS may decline the use of IMAGE if the original copyright holder does not agree for licensing, or when ASIAPRESS qualifies appropriateness of client application in consideration of IMAGE management.

(14)- INVOICE/PAYMENT;
ASIAPRESS will send client the invoice according to the client application and declaration.
Unless otherwise stated, client shall execute payment within 30 day after the invoice. In case the address of sending invoice differs from the application stated, client shall notify ASIAPRESS before issuing the invoice.
Payment to be Bank to Bank transfer.
No cheque available. Payment via PayPal is available after the negotiation.

(15)- INDEMNITY;
Client shall indemnify and hold ASIAPRESS harmless from and against any and all claims, dispute, damages and expenses including reasonable lawyer/attorney fees and court costs arising from client's use of IMAGE(s).

(16)- ADDITION;
Any matters which are not provided for the conditions shall be determined through mutual consultation between client and ASIAPRESS.

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