Terms and Conditions

  1. In this Agreement the term IMAGE denotes a digital scan offered for the purposes of reproduction; REPRODUCTION includes any form of publication or copying of the whole or part of any picture, altered or not, whether by printing, photography, slide projection (whether or not to an audience), xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction, television transmission, or storage by any other means; CLIENT, YOU, YOUR shall mean the company or individual in receipt of the images.
  2. When you download images from the website or receive image files by any other means, you agree to and accept these terms or conditions. No variation of terms or conditions set out herein or proposed by the Client shall be effective unless agreed in writing by both parties.
  3. No property or copyright in any images shall pass to the Client whether on its submission or on the Supplier’s grant of reproduction rights in respect thereof.
  4. Reproduction rights (if and when granted) are strictly limited to one-time use, for the period of time and in the territories specified, and are non-exclusive. Reproduction rights granted are personal to the Client and may not be assigned, nor may any image submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights. Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied. The images remain the physical property of The National Archives and the intellectual property of The National Archives and copyright holder, if applicable.
  5. For a publication of more than 5000 copies with World rights, reproduction rights apply to all editions, provided that the title remains unchanged for each subsequent edition, and provided that the content is at least 90% unchanged from its original edition. For all languages rights, a title change is permitted to suit the language, provided that the translated content remains the same.
  6. Until the Supplier has invoiced the reproduction fee neither party is committed to grant or to acquire any reproduction rights in any image. After a fee has been agreed and an invoice issued there is a firm and binding contract whereby the Supplier is committed to grant reproduction rights and the Client to acquire them. If after such invoicing but before payment, the Client requests cancellation of the reproduction rights the Supplier may in its discretion cancel subject to the Client paying a cancellation fee.
  7. The Client’s right to reproduce an image arises only when the Supplier’s invoice relating to the grant of such right is fully paid. Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling the Supplier to rescind the Agreement and rendering the Client liable for the payment of damages.
  8. The Client agrees to indemnify the Supplier in respect of any claims or damages or any loss of costs arising in any manner from the reproduction without proper reproduction rights of any image supplied to the Client by the Supplier.
  9. Payment Terms: 30 days from date of invoice.
  10. The Client will provide any information reasonably requested regarding anti-piracy measures.
  11. Images shall not be copied, on-loaned or otherwise disposed of and no use whatsoever shall be made of them by the Client without prior written consent of the Supplier, nor shall the image be altered or manipulated, added to, or have any part deleted without the prior written consent of the supplier.
  12. Digital files do not need to be returned, but must be destroyed or deleted no later than 60 days after use has been completed as specified. You must obtain permission from The National Archives Image Library to archive digital files
  13. While the Supplier takes all reasonable care in the performance of this Agreement generally, the Supplier shall not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any image or its caption.
  14. It is the Client who must satisfy himself that all necessary rights and consents which may be required for reproduction are obtained, and it is acknowledged that the Supplier gives no warranty or undertaking that any such rights, releases or consents are or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in an image. In the event that the image is used or reproduced by or with the authority of the Client then the Client shall indemnify the Supplier against any loss, damage, proceedings or costs where such rights, releases or consents have not been obtained.
  15. This Agreement shall be subject to and construed according to English law and the parties agree to accept the exclusive jurisdiction of the Courts of England.

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