Impossible Shapes

David Butler Photography IMAGE LICENSE AGREEMENT

LAST UPDATED: August 2023

This is a license agreement between you and David Butler Photography,LLC that explains how you can use photos (individually and collectively, "content") that you license from David Butler Photography,LLC. By downloading content from WWW.DAVIDBUTLERSTUDIOS.COM, you accept the terms of this agreement.

Royalty-Free

Rights-Managed/Rights-Ready

Perpetual, meaning there is no expiration or end date on your rights to use the content. Worldwide, meaning content can be used in any geographic territory. Unlimited, meaning content can be used an unlimited number of times. Any and all media, meaning content can be used in print, in digital or in any other medium or format. Non-Exclusive, meaning that you do not have exclusive rights to use the content. David Butler Photography can license the same content to other customers. If you would like exclusive rights to use royalty-free content, please contact David Butler Photography to discuss a buy-out.

For purposes of this agreement, "use" means to copy, reproduce, modify, edit, synchronize, perform, display, broadcast, publish, or otherwise make use of. Please make sure you read the Restricted Uses section below for exceptions.

1. Restricted Uses.

   1. No Unlawful Use. You may not use content in a pornographic, defamatory or other unlawful manner, to promote violence or hatred, or in violation of any applicable regulations (including for sports content, any restrictions or credentials issued by a sports league or governing body) or industry codes.

   2. No Alteration of Editorial Content. Content marked "editorial" or "intended for editorial" may be cropped or otherwise edited for technical quality, provided that the editorial integrity of the content is not compromised, but you may not otherwise alter the content.

   3. No Standalone File Use. You may not use content in any way that allows others to download, extract or redistribute content as a standalone file (meaning just the content file itself, separate from the project or end use).

   4. No Sensitive Use Without Disclaimer. If you use content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases), you must indicate: (1) that the content is being used for illustrative purposes only, and (2) any person depicted in the content is a model. For example, you could say: "Stock photo. Posed by model." No disclaimer is required for content marked "editorial" or "intended for editorial" that is used in a non-misleading editorial manner.

   5. No False Representation of Authorship. You may not falsely represent that you are the original creator of a work that is made up largely of licensed content. For instance, you cannot create artwork based solely on licensed content and claim that you are the author.

   Restricted Uses - unless additional license purchased. The following are prohibited without the prior written consent of David Butler Photography and payment of an additional license fee:

   1. No 'On-Demand' Products. Unless explicitly authorized in a David Butler Photography invoice, sales order confirmation or license agreement, you may not use content in connection with "on-demand" products (e.g., products in which a licensed image is selected by a third party for customization of such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, calendars, posters, screensavers or wallpapers on mobile telephones, or similar items (this includes the sale of products through custom designed websites, as well as sites such as zazzle.com and cafepress.com).

   2. No Electronic Templates. Unless explicitly authorized in a David Butler Photography invoice, sales order confirmation or license agreement, you may not use content in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, and brochure design templates).

   3. No Use in Trademark or Logo. Unless explicitly authorized in a David Butler Photography invoice, sales order confirmation or license agreement, you may not use content (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, tradename, business name, service mark, or logo. Additionally, you shall not be entitled to register (in any jurisdiction) such content (in whole or in part) as a trademark or rely on any such registrations, prior use, and/or accrued goodwill to prevent any third party use of the content or any similar content (including by us, our customers, or the copyright owner of such content).

   4. No Machine Learning, AI, or Biometric Technology Use. Unless explicitly authorized in a David Butler Photography invoice, sales order confirmation or license agreement, you may not use content (including any caption information, keywords or other metadata associated with content) for any machine learning and/or artificial intelligence purposes, or for any technologies designed or intended for the identification of natural persons. Additionally, David Butler Photography does not represent or warrant that consent has been obtained for such uses with respect to model-released content.

   5. No Metadata Exploitation. Unless expressly authorized by David Butler Photography, you may not use the caption information, keywords, accompanying text, or other metadata associated with content separate and apart from the content, or allow any third parties to access or use any such information associated with content.

   6. No NFT Use of Editorial Content or Rights-Ready Video Content. Unless explicitly authorized in a David Butler Photography invoice, sales order confirmation or license agreement, you may not use any items of content marked "editorial" or "intended for editorial" or any rights-ready video content in connection with an immutable digital asset intended for sale or other distribution (such as a non-fungible token).