================================================================================ COMMERCIAL USE LICENCE Photography by Tracey Wong — traceywong.com ================================================================================ This licence is granted by Tracey Wong ("the Photographer") to the individual or organisation that purchased the digital file ("the Licensee"). It takes effect on the date of purchase. Your order confirmation email and download page together serve as proof of purchase and as the record of which image this licence covers. Retain a copy of this document with your order confirmation. If your client, publisher or platform asks for evidence of your right to use the image, this document plus your order confirmation is that evidence. This licence includes everything permitted by the Personal Use Licence, and adds the commercial rights set out below. -------------------------------------------------------------------------------- 1. WHAT YOU ARE BUYING -------------------------------------------------------------------------------- You are buying a licence to USE the photograph commercially. You are not buying the photograph itself, and you are not buying the copyright. Copyright in the image remains with the Photographer at all times, as it does under the Copyright, Designs and Patents Act 1988. The licence granted is: - Non-exclusive — the same image may be licensed to others, including your competitors. If you need exclusivity, contact the Photographer for a separate agreement. - Perpetual — it does not expire, provided you keep to these terms. - Worldwide — it is not limited to any country or territory. - Non-transferable, except as set out in section 3(g) below. -------------------------------------------------------------------------------- 2. WHAT YOU MAY DO -------------------------------------------------------------------------------- a) Advertising and marketing, in any medium: print, digital display, out-of-home, broadcast, cinema, social media, email campaigns and paid promotion. b) Your business website, landing pages, app screens, and business social media accounts, with no cap on impressions, page views or campaign duration. c) Editorial use in books, magazines, newspapers, journals and their digital equivalents, whether or not the publication is sold. d) Packaging, point-of-sale material, signage, vehicle livery, trade-show stands and interior decoration of commercial premises. e) Corporate and internal use: presentations, reports, training material, annual reports, pitch decks and proposals. f) Print runs for promotional purposes up to 500,000 units in aggregate across all uses. Beyond that, contact the Photographer for an extended licence. g) Crop, retouch, colour-grade, composite or otherwise adapt the image as your design work requires, subject to the restrictions in section 3. h) Use the image in a client project. If you are an agency, designer or freelancer, you may use the image in work produced for one named end client, and that end client may use the resulting work under the same terms for the life of that project. One licence covers one end client. -------------------------------------------------------------------------------- 3. WHAT YOU MAY NOT DO -------------------------------------------------------------------------------- a) Resell, redistribute, share, sub-licence, lend or transfer the digital file itself to anyone. The licence covers the image as used within your work; it does not let you pass on the underlying file. Supplying the file to a printer, developer or production house solely to produce your own project is permitted, provided they use it only for that purpose. b) Sell the image on a stock library, marketplace, print-on-demand service, template library, NFT platform or any comparable service, whether as an image or as part of a template, theme or asset pack. c) Sell the image as a standalone product — as a print, poster, canvas, phone case, mug, greetings card or comparable item where the image is the primary value of the product. Merchandise where the image is an incidental design element is permitted within the 500,000-unit limit in section 2(f). d) Use the image, or any part of it, to train, fine-tune, or otherwise develop a machine-learning or artificial-intelligence model or dataset. e) Register the image, or any work substantially derived from it, as a trade mark, logo or registered design. You may use the image within a wider brand identity; you may not claim the image itself as a protected mark. f) Claim authorship of the image, or remove, obscure or alter any copyright notice, watermark, signature or embedded metadata in the delivered file. g) Use the image in any way that is unlawful, defamatory, obscene or pornographic, or that depicts any identifiable person, property, artwork or trade mark in a manner that is misleading, or that implies endorsement, association, or a connection with a sensitive subject — including but not limited to health conditions, mental health, sexual conduct, criminality, substance abuse, political affiliation or religious belief. h) Use the image beyond one end client without purchasing a further licence (see section 2(h)). -------------------------------------------------------------------------------- 4. NO MODEL OR PROPERTY RELEASE — READ THIS -------------------------------------------------------------------------------- Unless the Photographer has confirmed otherwise in writing, NO MODEL RELEASE and NO PROPERTY RELEASE has been obtained for any person, building, artwork, mural, signage, logo or trade mark appearing in the image. This matters. Many of these photographs are made in public places in London and may include identifiable people, private property, street art and third-party branding. Editorial use is generally unproblematic. Advertising and endorsement use is not: using an identifiable person's likeness to promote a product without their consent, or reproducing a mural or artwork that is itself protected by copyright, may expose you to a claim regardless of this licence. It is your responsibility to satisfy yourself that your intended use is lawful in the territories where the work will appear, and to obtain any releases or clearances required. The Photographer gives no warranty on this point, and the indemnity in section 6 does not cover it. If you tell the Photographer what you plan to do with the image, you will get an honest answer about what is in the frame. -------------------------------------------------------------------------------- 5. CREDIT -------------------------------------------------------------------------------- Credit is not required for advertising or brand use. For editorial use, please credit as "© Tracey Wong" adjacent to the image or in the publication's credits where the format allows. -------------------------------------------------------------------------------- 6. WARRANTY AND LIABILITY -------------------------------------------------------------------------------- The Photographer warrants that they are the author of the image and are entitled to grant this licence. The image is otherwise provided as-is. The Photographer's total liability under this licence, for any cause, is limited to the amount you paid for the licence. Nothing in this licence excludes liability for death or personal injury caused by negligence, or for fraud. You indemnify the Photographer against any claim, loss or expense arising from your use of the image, from any alteration you make to it, and from any failure to obtain the releases or clearances described in section 4. -------------------------------------------------------------------------------- 7. DELIVERY AND REFUNDS -------------------------------------------------------------------------------- The image is delivered as a full-resolution digital file by download link. As a digital product delivered immediately, the sale is final at the point of download. If the file is corrupt, will not download, or is not the image you ordered, contact the Photographer and it will be put right or refunded. Download links are time-limited. Save the file when you receive it. -------------------------------------------------------------------------------- 8. TERMINATION -------------------------------------------------------------------------------- This licence terminates automatically if you breach any of its terms. On termination you must cease all new use of the image, destroy all digital copies in your possession, and remove it from any property under your control, save that material already lawfully printed and distributed before termination need not be recalled. Termination does not entitle you to a refund and does not limit any other remedy available to the Photographer. -------------------------------------------------------------------------------- 9. ENTIRE AGREEMENT AND GOVERNING LAW -------------------------------------------------------------------------------- This licence is the entire agreement between the parties in respect of the image and supersedes any purchase order, vendor terms or other document issued by the Licensee, whose terms have no effect regardless of any wording to the contrary. Any variation must be agreed in writing by the Photographer. This licence is governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any dispute arising from it. -------------------------------------------------------------------------------- 10. NEED SOMETHING ELSE? -------------------------------------------------------------------------------- Exclusivity, print runs above 500,000 units, multi-client agency licences, resale rights and buy-outs are all available as bespoke agreements. Get in touch with what you need and you will get a straight quote. Tracey Wong traceywong.com ================================================================================