Last Modified: 3/9/2020
Please read the below Exclusive License Agreement carefully before purchasing the media delivered by Monzyk Holdings, LLC. (d.b.a Square One Media Productions) ("us", "we", or "our").
Your access to and use of the Media is conditioned on your acceptance of and compliance with this License Agreement. These conditions apply to all customers who purchase our media.
By proceeding with the purchase of media from Square One Media Productions, you agree to be bound by this Agreement. If you disagree with any part of this Agreement then you may not access the media.
This Exclusive License Agreement (“Agreement”) is made and entered into as of date of purchase by and between the purchasing party ("Customer”) and Monzyk Holdings, LLC. (d.b.a Square One Media Productions) (“Photographer"). Customer has engaged Photographer to photograph, visually record or otherwise create graphics or other images (collectively, “Media") of the properties delivered as a result of Customer's payment. The parties hereby agree, for good and valuable consideration received, the receipt and sufficiency of which is hereby acknowledged, as follows:
1. Customer agrees to pay Photographer in consideration of the services rendered and exclusive license granted.
2. License Grant.
a. Photographer hereby grants to Customer an exclusive worldwide royalty-free license in perpetuity to reproduce, distribute, display, prepare derivative works of, modify and publicly perform the Media in connection with the real estate industry, including without limitation such uses of the Media in connection with advertising real property, to modify any metadata as necessary, and to authorize and sub-license such rights to third parties at Customer's discretion.
b. This exclusive license does not grant the Customer the right to re-sell the Media for compensation in any way.
c. This exclusive license grant shall include the right to sue for copyright infringement, including without limitation past infringement.
3. Customer acknowledges that Photographer retains title and ownership of the Media. To that end, Photographer agrees to not re-sell the Media covered under this Agreement without the direct consent from the Customer.
4. Photographer hereby represents and warrants that it owns all right, title and interest in and to the Media, no third party has any rights in, to, or arising out of the Media, and Photographer has full right and power to enter into this Agreement and grant the license set forth in Section 2.
5. Photographer understands and agrees that it is an independent contractor of Customer and nothing in this Agreement shall be construed to create a partnership, or joint venture, between Photographer and Customer.
6. The validity, construction and enforceability of this Agreement shall be governed in all respects by the laws of the State of Missouri. The terms and conditions set forth herein constitute the entire agreement between the parties and shall supersede all prior agreements. This Agreement may not be amended except in writing signed by the respective parties. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.