Terms Governing Reproductions of Works of Art
1. In furtherance of its mission to promote scholarship and study, The Wolfsonian – Florida International University, may grant a limited, one-time, royalty-free, non-exclusive license to use, reproduce or distribute certain materials which the user has requested for non-commercial educational and scholarly use only, subject to the following terms and conditions:
2. Requests for permission to reproduce an image for publication, printed or electronic, must be made in writing to the Wolfsonian using the Request Form and should include the intended use, (including edition number, intended area of distribution, number of copies to be printed and languages to be used), the publisher, title of the publication, and expected date of publication.
3. The Materials may be protected by copyright and may be covered by other restrictions as well. The Wolfsonian – FIU retains all rights (including copyright) that The Wolfsonian – FIU may have in any of the Materials. Copyright and other proprietary rights may be held by individuals or entities other than, or in addition to, The Wolfsonian – FIU.
4. The Wolfsonian – FIU has not cleared the rights for User to reproduce any of the Materials. User acknowledges that some works may be under copyright by an artist or author or his or her heirs holding rights to these works. Such works may not be reproduced without prior permission from the holder of the underlying copyright.
5. The Wolfsonian – FIU is solely providing the Materials as a public service. User acknowledges and agrees that the Materials are provided "AS IS" WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND/OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. The Wolfsonian – FIU assumes no responsibility, and shall not be liable for, any damages arising from or relating to the use of the Materials.
6. User agrees to expressly assume all responsibility for compliance with the United States Copyright Act, 17 U.S.C. §§101 et seq. and/or international copyright laws, and for obtaining permission from any copyright holders. User agrees to indemnify and hold harmless The Wolfsonian – FIU and its employees, trustees, and agents from and against any and all claims, demands, actions, causes of actions, suits, costs, expenses, liabilities, and damages whatsoever, including but not limited to claims of copyright infringement and similar proprietary rights, relating to User’s reproduction or other use of the Materials.
7. THE WOLFSONIAN – FIU’s permission is limited to the use and format indicated in User’s request, and excludes all other uses and formats. All subsequent use or reuse, in any form, must be applied for in a separate request.
8. The permission is valid only for the User and may not be transferred, assigned, or sold, or otherwise disposed of without THE WOLFSONIAN – FIU’s prior written consent.
9. The user shall keep intact all copyright notices and/or credit lines provided for the Materials. Attribution/credit must appear directly beneath the Material published or reproduced. Video and film attribution/credit must appear in the section devoted to acknowledgements. The proper attribution/credit statement should reflect the origin of the photographic image or other reproduction:
"Published with the permission of The Wolfsonian – Florida International University (Miami, Florida)"
10. User shall not alter or manipulate any of the Materials in any manner whatsoever. User shall not use the materials for any commercial purpose, including but not limited to the creation of merchandising, products, advertising, logos, or promotional purposes.
11. This license shall be governed by the laws of the State of Florida without regard to conflict of law principles. Any dispute arising out of or related to this permission shall be subject to the exclusive jurisdiction of the courts of the State of Florida.
12. The license and the rights granted thereunder shall terminate automatically and without notice from The Wolfsonian – FIU upon User’s failure to comply with any of the terms of the license, or in the event The Wolfsonian – FIU reasonably suspects the Materials are being used improperly or for purposes other than those User disclosed to THE WOLFSONIAN – FIU.
13. [If applicable: User agrees to provide two (2) complementary copies of the publication in which the Materials will be reproduced.