Image Licensing Policy

Use of any Brookhaven National Laboratory image constitutes your agreement to the following terms:

Standard Terms and Conditions

Please review this document carefully and thoroughly and contact a Brookhaven National Laboratory (BNL) representative at (631) 344-2345 if you do not understand this agreement, if you wish to use an image in a manner not permitted under this agreement, or have any questions. The following terms and conditions apply to your use of all images from BNL.

These terms constitute a binding agreement (“Agreement”) between you and BNL. If you are entering into this Agreement on your employer’s behalf, this Agreement applies both to your employer and to you. By obtaining any image(s) from BNL directly or via BNL’s website (www.bnl.gov), you agree to be bound by this Agreement. If you choose not to be bound, do not use BNL images.

Use of Images

“Images” means all images and related informational materials in any medium furnished by BNL hereunder, including related text, captions, or information.

Images obtained from BNL are licensed on a non-transferable, one-time, non-exclusive basis.

License Granted by BNL

Unless otherwise specified in a separate writing signed by BNL, your reproduction of images is limited to the specific use described in your request to use the image, which together with these terms shall constitute the full license granted. Any license granted by BNL is conditioned upon your meeting all conditions and restrictions imposed by BNL. You may not otherwise make, use or distribute copies of any images for any purpose except as authorized. BNL reserves all rights to the images, and you do not acquire any copyright, ownership, or equivalent rights in or to any image as a result of any license BNL grants to you.

You may not sell, rent, loan, give, sublicense or otherwise transfer to anyone the image or any right to reproduce the image.

No Alterations

Special ethical considerations apply to editorial, news, and fine art images. When using such images, you may not make or permit any modifications to or alterations of the images (except for standard color correction or minor cropping for space limitations) or to the caption information unless specifically agreed in writing by BNL.

Model and Property Releases/Clearances

The rights BNL grants to you do not include a license to any persons, places, property, or subject matter depicted in an image, which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third persons. You shall assume that no model or property releases, or other releases or licenses exist in connection with any of the images, unless specifically stated in a separate writing by BNL. BNL makes no representations or warranties that it owns or licenses any rights nor does BNL grant you any rights including copyright, trademarks, or rights of publicity belonging to any person, place, property, or subject matter depicted in any image. Further, BNL makes no representation or warranty as to the accuracy of any information provided with the images. You are solely responsible for determining whether your use of any image requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by BNL. If you are unsure whether additional rights are needed for your use, you are responsible for consulting with competent legal counsel.

Unauthorized Use

Without limitation, images may not be utilized as a trademark or service mark, or for any pornographic use, unlawful purpose or use, or to defame any person, or to violate any person’s right of privacy or publicity, or to infringe upon any copyright, trade name, trademark, or service mark of any person or entity, or to endorse or imply endorsement of any product or service.

Unauthorized use of these images constitutes copyright infringement and shall entitle BNL to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such images. BNL in its sole discretion reserves the right to bill you for any unauthorized use, in addition to any other fees, damages, or penalties BNL may be entitled to under this Agreement or applicable law. The foregoing is not a limiting statement of BNL’s rights or remedies in connection with any unauthorized use.

Sensitive Subjects

Any license granted by BNL shall not constitute a representation that an image is compatible for use with any other material. You are solely responsible for the use of any image in combination with any other material, and you agree not to use images with sensitive topics without BNL’s separate written agreement. Sensitive topics include, without limitation, topics that may depict the subject matter of an image in a negative or unfavorable light or subject persons to ridicule, and topics regarding all sexual issues, substance abuse, physical or mental abuse, alcohol, drugs, tobacco, AIDS, cancer, or serious physical or mental ailments, or the disparagement of a person or product. You must contact BNL for additional information prior to any use of an image with any sensitive topic.

Publication Right

BNL shall exclusively retain all publication rights arising from your use of our images.

Indemnification

You agree to indemnify and defend BNL against all claims (including without limitation claims by third parties), liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (i) a breach of this Agreement and any image restrictions, (ii) the use of any image either alone or in combination with any other material, (iii), your failure to abide by any restriction regarding the use of an image.

Credit Line

For all uses, you shall include a photo credit adjacent to each image (in the format: “Image courtesy of Brookhaven National Laboratory”) with each publicly distributed image. For commercial uses, you shall include the credit described above when customary and appropriate.

BNL Trademarks

Except for credits as required above, you may not use the logo, trademark, or service marks of Brookhaven National Laboratory without BNL’s prior written consent.

Attorneys' Fees

The parties hereto confirm that it is their wish that this Agreement as well as any other documents relating hereto, including notices, has been and shall be written in the English language. In any dispute between BNL and you where BNL prevails, BNL shall be entitled to recover its reasonable attorneys’ fees, legal expert fees, court costs, and other legal expenses.

Limited Warrantee

BNL warrants that it has sufficient rights to grant you the limited license under this Agreement. While BNL makes efforts to use accurate caption information, BNL does not warrant that caption information is accurate. BNL provides you with image captions on an “as is” basis. BNL makes no other warranty, express or implied regarding any images, its website, or any rights or licenses under this agreement including, without limitation, any implied warranties of merchantability or fitness for a particular purpose.

Limitation of Liability

Except for any liability which cannot by law be excluded or limited, neither BNL nor any BNL affiliate shall be liable to you or any other third party claiming through it for direct, indirect, incidental, special or consequential damages arising out of, or relating to the use or inability for your use of the images, whether framed as a breach of warranty of merchantability, title, non-infringement, or fitness for a particular purpose, in tort, contract, failure of essential purpose, or otherwise.

Miscellaneous

You acknowledge that you have read this Agreement and understand it, and agree to be bound by all its terms and conditions. This Agreement and any listed restrictions constitute the entire agreement between the parties with respect to the subject matter hereof and merge all prior and contemporaneous communications. This Agreement shall not be modified except by a written agreement signed by duly authorized representatives of BNL.

If any provision of this Agreement is found invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms. The parties intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such manner as comes closest to the intentions of the parties to this Agreement as is possible. This Agreement will inure to the benefit of and be binding upon the parties, their successors and assigns, except that you may not assign or transfer this Agreement without BNL’s prior written consent.