This agreement, effective immediately upon date of purchase, between Holmes House Creative Co., a business maintaining a stock seller website at holmeshousecreative.com [“SELLER”], and the purchaser [“BUYER”].

WITNESSETH

WHEREAS, Seller is the owner of various stock photographic images, graphics, and related intellectual property; and

WHEREAS, Seller is the owner of the copyright rights to the stock photographic images, graphics, and related intellectual property; and

WHEREAS, Seller has the sole and exclusive right to sell, license, or authorize the use of such images, graphics, and intellectual property; and

WHEREAS, Buyer desires the right to purchase certain images or graphics for certain commercial purposes; and

NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter set forth, and other valuable consideration as hereinafter described, the parties hereto agree as follows:

THE GRANT 

a. The Seller hereby grants the Buyer the right to utilize certain photograph[s] and graphic[s], more particularly described as:

1. Any individual stock images or graphics purchased by Buyer from Holmes House Creative Co.
2. Any individual stock images, graphics, or groups of stock images or graphics gifted to Buyer from Holmes House Creative Co. in return for Buyer signing up for Holmes House Creative Co. email communications.
3. Any stock photographs and graphics available in the Holmes House Creative Co. stock library, provided that the Buyer has purchased a Holmes House Creative Co. membership. 

b. The use of such photograph[s] and graphic[s] described in paragraph I(A) above, is limited to the following uses:

1. Buyer may use in personal or business use, online and in print, including website design, newsletters, and social media marketing.
2. Buyer may use the materials to create opt-ins such as checklists, workbooks, .PDFs, ebooks, so long as the image or graphic is not the main component of the download and cannot be extracted from the download by a third party.
3. Buyer may use the materials for multiple businesses/blogs for which the Buyer is the sole owner.
4. Buyer may use in Keynote, Powerpoint, webinar, and e-learning presentations.
5. Buyer may modify the materials using cropping, editing presets, filters, or color overlays to better represent their business.

c. The Territory of this Agreement is not limited.

d. The terms of this agreement shall not be assignable or sub-licensable by the Buyer without the prior written consent of the Seller.

e. In consideration for the grant of this license, Buyer hereby covenants and agrees to pay Seller in accordance with the terms set forth below.

USE OF IMAGES

a. Buyer agrees to utilize the photograph[s] and graphic[s] in a commercially reasonable manner and in such manner that will not harm the professional reputation of Seller. The Buyer agrees not to utilize the photograph[s] and graphic[s] in any pornographic, illegal, libelous, scandalous, or such other manner that would tend to damage the image and reputation of the Seller.

b. Buyer shall not resell any stock image as an individual stock image, market the stock image independently of any newly created work, or utilize the stock image for any other purpose than expressly granted herein.

c. Buyer shall not use the materials to promote or sell other stock photography products/services/resources/courses, whether free or paid.

d. Buyer shall not otherwise alter, edit or manipulate the image, or claim the image as their own.

e. Buyer shall not sell, lease, loan, transfer, assign, or give away the materials or a derivative thereof or otherwise allow a third-party to use the image in any way.

f. Buyer shall not create derivative products from the images such as templates, screensavers, quote graphics, desktop calendars, printables, art prints, mugs, calendars, clipart, invitations or any such products, either for sale or to give away for free.

g. Seller and Buyer shall at all relevant times herein maintain the utmost good faith and fair dealing in their mutual duties under this agreement.

COPYRIGHT

a. Buyer acknowledges that the Seller shall remain the sole author, sole owner and sole copyright claimant of any licensed photograph[s] and graphic[s] and does not transfer ownership or control of said copyrights except as hereto agreed.

b. Buyer is not required to post copyright notice with each use of licensed photo[s] or graphic[s].

ACKNOWLEDGMENT OF RIGHTS

Buyer acknowledges and agrees not to contest, or assist or induce others to do so, the Sellers rights in and to any photograph[s] and graphic[s].

CONSIDERATION

The Buyer hereby agrees and undertakes to pay the following consideration to the Seller for the use of the photograph[s].

1. The current stock photograph[s] and graphic[s] prices set forth buy the Seller and specified on holmeshousecreative.com at the time of purchase, if purchasing individually.
2. The current membership price set forth by the Seller at the time of purchase, for either a quarterly membership or an annual membership, in order to receive unlimited access to stock photographs and graphics available in the Holmes House Creative Co. stock library during the membership period.

MISCELLANEOUS 

a. This Agreement shall not create or be construed to create a partnership, joint venture, association or any type of combination. No party shall have the power or authority to act as the agent of the other or to authorize or incur obligations on behalf of the other or to make on behalf of the other party any promises, warranties or representations.

b. This Agreement represents the entire agreement of the parties, and all prior assertions, understandings, warranties and representations are merged herein. It is a final integrated Agreement which embodies all the terms, conditions, and representations between the parties, and the parties make no warranties, covenants or agreements, express or implied, except as expressly set forth herein.