This document identifies the following: (A) the intellectual property – images, data or text – (“Property”) in the possession of the Phoebe A. Hearst Museum of Anthropology (“PAHMA”); (B) the requestor (“Licensee”) who seeks to use the Property; and (C) the Licensee’s intended use of such Property. When signed by PAHMA, PAHMA grants to the Licensee the right to reproduce the Property, subject to the following conditions: (a) the right is nonexclusive and non-transferable; (b) the right is subject to the terms and conditions and representations set forth in this entire document; and (c) the right is subject to any fees or other attachments that shall be deemed an integral part of this agreement.
WARRANTY AND ACCEPTANCE Licensee hereby warrants the accuracy of the representations made in this agreement. Licensee agrees to publish the Property only in accordance with the terms of this agreement and to comply with all its terms. Licensee agrees that each permission is for one time use, and any further or subsequent use of the Property is subject to the execution of an additional permission agreement and fees. Licensee further agrees that it shall not alter the Property without the express written permission of PAHMA.
PAHMA will endeavor to deliver the requested Property with four (4) weeks of the acceptance of Licensee’s request. Prepayment is required. The Property will be emailed or sent First Class postage, unless Licensee specifies and agrees to pay for special delivery. Purchased physical media of the Property need not be returned, unless specifically requested; in any case the Property may not be reproduced again without an additional permission agreement.
RIGHTS AND COPYRIGHT
PAHMA shall at all times retain all rights to the Property, including copyright where applicable, and Licensee agrees to exercise due care in the protection of such rights. Licensee agrees that no part of the Property may be reproduced in any form without PAHMA’s express written consent, and that any reproduction of the Property must include the credit line indicated in this agreement. Licensee agrees to undertake other such measures as may be reasonably requested by PAHMA to assist in the tracing of any unauthorized copies. If PAHMA does not hold the copyright to the Property, Licensee agrees to obtain the permission of the copyright holder prior to publication, to pay any necessary fees in connection with such permission, and to hold PAHMA harmless in the event that such permission is not obtained.
In the event the Licensee shall fail to keep, perform, or observe the terms and conditions of this agreement, including prompt payment of royalties, PAHMA shall have the right to terminate the permission agreement on fourteen (14) days’ written notice by Certified Mail, Return Receipt Requested, to Licensee. During these fourteen (14) days, Licensee shall have the right to remedy such failure(s). When PAHMA receives evidence of such remedy, the termination notice shall have no further force or effect.
USE OF NAMES
Except for publication in recognized research journals or otherwise in connection with other academic or scholarly purposes, including the references required under this permission agreement, Licensee shall not employ or use the names Phoebe A. Hearst Museum of Anthropology or University of California at Berkeley in any publications, promotional materials, or advertising without PAHMA’s prior express written consent.
The Licensee shall not assign this permission to any third party without the prior express written consent of the PAHMA, and any purported assignment without such consent shall be void.
RELATIONSHIP OF THE PARTIES
Licensee is an independent contractor and nothing contained in this permission shall be deemed or interpreted to constitute Licensee to be the agent or legal representative of PAHMA for any purpose whatsoever. Licensee is not granted any right or authority to assume or create any obligation or responsibility, expressed or implied, on behalf or in the name of PAHMA, or to bind PAHMA in any manner or fashion whatsoever.
ENTIRE AGREEMENT AND AMENDMENTS
This permission agreement contains the entire agreement between the parties. No amendments or modifications to this permission agreement shall be effective unless made in writing and signed by an authorized representative of both parties.
This permission agreement shall be construed in accordance with and governed by the laws of the State of California.