Photo Reproduction Non-Exclusive Agreement

The Photo Reproduction Applicant hereby agrees to the following conditions which shall constitute the terms of this non-exclusive license:

The Coronado Historical Association retains all rights to reproduction.  The Coronado Historical Association reserves the right to refuse any reproduction request.

1. Written permission must be obtained from the Coronado Historical Association to reproduce or publish images from the Coronado Historical Association’s collections. 
2. Objects appearing in the Coronado Historical Association images, even if such objects are owned by Coronado Historical Association, may be protected by copyright, publication rights, or related interests that are not owned by Coronado Historical Association. Coronado Historical Association is not giving permission to exploit any third party rights. The Applicant will ascertain whether any such rights exist, pay any royalties or fees claimed by any third party and obtain all other permission required to carry out Applicant's activities without infringing the proprietary rights of, breaching a duty to, or breaching an agreement with, any third party.
3. Unless otherwise indicated, permission is granted only for one Production. Additional reproductions, publications, products, language versions (works including subtitles), and other derivative works based on the Production must be separately licensed.
4. The permission and license granted herein is for the Production only. Applicant may only make analog or digital copies as absolutely necessary in intermediate process steps of Production. Coronado Historical Association does not otherwise grant permission to reproduce or process any Image(s) in any digital format, and such permission must be separately obtained in writing.
5. Duplicates may not be made of the Images supplied by Coronado Historical Association without Coronado Historical Association’s prior written approval. Any duplicates are the property of Coronado Historical Association and will be immediately provided to Coronado Historical Association by Applicant. 
6. Each Image that appears in the Production must be unaltered and must be included in its entirety, and nothing may be superimposed on the Image unless approved in writing by Coronado Historical Association. The Image may not be reproduced in a single color. 
7. Except as described below, full identification of the Image(s), the credit line and any copyright notice that is provided to you with the Image(s) must appear adjacent to the Image(s). If Coronado Historical Association’s Image(s) would be the only one(s) in the Production giving the full information in this location, then the information must be included in the credits.
8. Coronado Historical Association reserves the right to limit the number of reproductions of Coronado Historical Association-owned property in any single Production if it appears that their number is disproportionate in relation to those from other sources.
9. No license or permission granted pursuant to this Application may be assigned by Applicant. This Application and any attached and cross-referenced pages sets forth the entire agreement of Coronado Historical Association and Applicant regarding the Image(s) identified in this Application and supersedes all prior promises, representations, or statements of any kind, whether written or oral. This Application may only be modified in writing signed by an authorized representative of Coronado Historical Association and expressly stating its intention to modify this Application. This Application will be governed by the law of the State of California without regard to its conflicts of laws principles. All litigation arising under or relating to this Application will be filed and prosecuted in any court of competent subject matter jurisdiction in the City of Coronado, California. Applicant consents to the personal jurisdiction of such courts for such purpose.
10. The reproduction permission granted hereby is limited to a non-exclusive reproduction license solely on the terms set forth herein. Coronado Historical Association retains all copyright ownership and all rights to exploit its copyrights where applicable. All rights not expressly granted herein are reserved to Coronado Historical Association. If reproduction is to be made from materials depicting Coronado Historical Association property, but not supplied by Coronado Historical Association, Coronado Historical Association reserves the right to approve these materials.
11. Applicant will obtain Coronado Historical Association’s prior written approval of the final presentation of the Image(s) prior to the general distribution of the Production if required by Coronado Historical Association. Such approval will not be unreasonably withheld and will be based upon the presentation of the image as regards color, cropping, identification, credit, placement with other images, etc.
12. Applicant will defend, indemnify, and hold Coronado Historical Association harmless from all claims, causes and allegations (whether threatened or pending), costs, fees and expenses (including reasonable attorneys' fees), awards, judgments, damages, losses and liabilities arising from or relating to any breach of this Application by Applicant or the officers, directors, shareholders, employees, agents, representatives, contractors and subcontractors of Applicant, including, without limitation, any claim, cause, or allegation asserted by a third party against Coronado Historical Association based entirely or in part on Applicant's exploitation of the Image(s) licensed hereunder.
13. Coronado Historical Association reserves the right to revoke the permission and license granted herein at any time if Coronado Historical Association is requested to do so by a third-party rights holder in the Images.