Use Subject to Terms Below

1. Unless otherwise specifically stated, images remain the property of Cache Agency, LLC. (Hereinafter known as Cache Agency) or the particular photographers. Upon submission of an invoice by Cache Agency, a license is granted for one time non-exclusive rights to reproduce the photographs only for the use specified on the invoice and for no other purpose. No rights are granted until payment in full is received by Cache Agency. Such use is granted for North American distribution only, unless otherwise specified. Licensee does not acquire any right, title, or interest in or to any image including, without limitation, any electronic reproduction or promotional rights, and will not make, authorize, or permit any use of the particular image made therefrom other than as specified herein. Permissions granted are non-exclusive unless otherwise specified.

2. No model releases or any other releases exist on any image unless the existence of such release is specified in writing by Cache Agency. Licensee will indemnify Cache Agency against all claims arising out of the use of any image where the existence of such releases has not been specified in writing by Cache Agency. In any event, the limit of liability of Cache Agency shall be the sum received in payment for the use of the particular image involved.

3. This agreement is not assignable or transferable on the part of the Licensee.

4. Only the terms of use herein set forth shall be binding upon Cache Agency. No purported waiver of any of the terms herein shall be binding on Cache Agency unless subscribed to in writing by Cache Agency even though Licensee has received an invoice.

5. Payment is to be net (30) days.

6. Licensee shall provide Cache Agency with two (2) complimentary copies of finished product containing Cache Agency images.

7. Images used editorially should bear a credit line as indicted by Cache Agency. Licensee shall provide copyright protections of the image.

8. All rights not specifically granted herein to Licensee are reserved for Cache Agency use and disposition without any limitation whatsoever.

9. Licensee agrees that the above terms are made pursuant to Article 2 of the UNIFORM COMMERCIAL CODE and agrees to be bound by same.

Disputes Or Claims Arising Out Of Submission And/Or Use

10. Any and all disputes arising out of, under, or in connection with this agreement, including without limitation, the validity, interpretation, performance, and breach hereof, shall be settled by arbitration in Los Angeles, California pursuant to the rules of the American Arbitration Association. Judgment upon the award rendered may be entered in the highest court of the Forum, State or Federal, having jurisdiction. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of California. Licensee agrees to pay all reasonable legal fees and expenses of Cache agency, should Cache Agency be successful in its claims against Licensee.