The following is an Attribution, worldwide,
royalty-free, non-sublicensable, non-exclusive, irrevocable,
Non-Commercial licensing agreement (the 'Agreement' or 'License') between you, or
your employer, or any other entity on whose behalf you are entering this
Agreement, or which is exercising the Licensed Rights under this License
('You'), and the City of Albuquerque (the 'LICENSOR'). Read this Agreement before downloading
any images or videos ('Licensed Material') from this library created by Marble
Street Studio, Inc. By exercising
the Licensed Rights (defined below), You accept and agree to be bound by the
terms and conditions of this Agreement. To the extent this License may be
interpreted as a contract, You are granted the
Licensed Rights in consideration of Your acceptance of these terms and
conditions, and the LICENSOR grants You such rights in consideration of
benefits the LICENSOR receives from making the License Material available under
these terms and conditions.
- Adapted Material is defined
as material subject to Copyright and Similar rights that is derived from
or based upon the Licensed Material and in which the Licensed Material is altered,
arranged, transformed, or otherwise modified in a manner requiring
permission under the Copyright and Similar rights held by the LICENSOR.
- Adapter's License means
the license You apply to Your Copyright and
Similar Rights in Your contributions to Adapted Material in accordance
with the terms and conditions of this License.
- Copyright and Similar Rights means
copyright and/or similar rights closely related to copyright including,
without limitation, performance, broadcast, sound recording, and Sui
Generis Database Rights, without regard to how the rights are labeled or
categorized. For purposes of this License, the rights specified in
Section II(b)(1)-(2) are not Copyright
and Similar Rights.
- Effective Technological Measures means
those measures that, in the absence of proper authority, may not be
circumvented under laws fulfilling obligations under the U.S. Digital
Millennium Copyright Act, Article 11 of the WIPO Copyright Treaty adopted
on December 20, 1996, and/or similar international agreements.
- Exceptions and Limitations means
fair use, fair dealing, and/or any other exception or limitation to
Copyright and Similar Rights that applies to Your use of the Licensed
- Licensed Rights means the rights
granted to You subject to the terms and conditions of this License, which
are limited to all Copyright and Similar Rights that apply to Your use of
the Licensed Material and that the LICENSOR has authority to license.
- Share means to provide
material to the public by any means or process that requires permission
under the Licensed Rights, such as reproduction, public display, public
performance, distribution, dissemination, communication, or importation,
and to make material available to the public including in ways that
members of the public may access the material from a place and at a time
individually chosen by them.
- Sui Generis Database Rights means
rights other than copyright resulting from Directive 96/9/EC of the
European Parliament and of the Council of 11 March 1996 on the legal
protection of databases, as amended and/or succeeded, as well as other essentially
equivalent rights anywhere in the world.
- Non-Commercial means not
primarily intended for or directed towards commercial advantage or
monetary compensation. For purposes of this License, the exchange of the
Licensed Material for other material subject to Copyright and Similar
Rights by digital file-sharing or similar means is Non-Commercial provided
there is no payment of monetary compensation in connection with the
- License grant
- Subject to the terms and conditions of this License, the LICENSOR
hereby grants You a worldwide, royalty-free, non-sublicensable,
non-exclusive, irrevocable license to exercise the Licensed Rights in the
Licensed Material to:
- incorporate Licensed Material into websites, and software
(including mobile apps) as background images or splash screens;
- incorporate Licensed Material into film, video, multimedia
for broadcast, or public performance;
- incorporate Licensed Material in eBooks, including multi seat
license electronic textbooks;
- use Licensed Material as prints, posters, port cards for your own
personal use and display, including display in commercial settings;
- incorporate Licensed Materials into advertising materials,
posters, and tradeshow signage for use in promoting the sale of other
products or services;
- use Licensed Materials in magazines, newspapers, books, book
covers, and/or textbooks for editorial and adverting purposes;
- use Licensed Materials for the packaging of any product;
- incorporate Licensed Materials on letterhead and business cards,
pamphlets, brochures, and catalogs; and
- incorporate Licensed Materials into set design and dressing for
- reproduce and Share the Licensed Material, in whole or in part,
for Non-Commercial purposes only;
- produce, reproduce, and Share Adapted Material for Non-Commercial
- Exceptions and Limitations. Where
Exceptions and Limitations apply to Your use,
this License does not apply, and You do not need to comply with its terms
- Term. The term of this License
is specified in Section VI(a).
- Media and formats; technical modifications allowed. The LICENSOR authorizes You to exercise the Licensed Rights in
all media and formats whether now known or hereafter created, and to make
technical modifications necessary to do so. The LICENSOR waives and/or
agrees not to assert any right or authority to forbid You
from making technical modifications necessary to exercise the Licensed
Rights, including technical modifications necessary to circumvent Effective
Technological Measures. For purposes of this License, simply making
modifications authorized by this Section II(a)(4) never
produces Adapted Material.
- Downstream recipients.
- Offer from The LICENSOR – Licensed Material. Every recipient of the Licensed Material automatically receives
an offer from the LICENSOR to exercise the Licensed Rights under the
terms and conditions of this License.
- Additional offer from The LICENSOR – Adapted Material. Every recipient of Adapted Material from You automatically
receives an offer from the LICENSOR to exercise the Licensed Rights in
the Adapted Material under the conditions of the Adapter's License You
- No downstream restrictions. You may
not offer or impose any additional or different terms or conditions on,
or apply any Effective Technological Measures to, the Licensed Material
if doing so restricts exercise of the Licensed Rights by any recipient
of the Licensed Material.
- No endorsement. Nothing in this License
constitutes or may be construed as permission to assert or imply that You
are, or that Your use of the Licensed Material is, connected with, or
sponsored, endorsed, or granted official status by, the LICENSOR or
others designated to receive attribution as provided in Section III(a)(1)(A)(i).
- Other rights.
- Moral rights, such as the right of integrity, are not licensed
under this License, nor are publicity, privacy, and/or other similar
personality rights; however, to the extent possible, the LICENSOR waives
and/or agrees not to assert any such rights held by the LICENSOR to the
limited extent necessary to allow You to exercise the Licensed Rights,
but not otherwise.
- Patent and trademark rights are not licensed under this License.
- To the extent possible, the LICENSOR waives any right to collect
royalties from You for the exercise of the
Licensed Rights, whether directly or through a collecting society under
any voluntary or waivable statutory or compulsory licensing scheme. In
all other cases the LICENSOR expressly reserves any right to collect such
royalties, including when the Licensed Material is used other than for
Your exercise of the Licensed Rights is
expressly made subject to the following conditions.
- If You Share the Licensed Material (including in modified form),
- retain the following if it is supplied by the LICENSOR with the
- identification of MarbleStreetStudio.com as the creator(s) of the
- a copyright notice;
- a notice that refers to this License by the City of Albuquerque;
- a notice that refers to the disclaimer of warranties;
- a URI or hyperlink to the Licensed Material to the extent
- indicate if You modified the Licensed Material and retain an
indication of any previous modifications; and
- indicate the Licensed Material is licensed under this License, and
include the text of, or the URI or hyperlink to, this License.
- You may satisfy the conditions in Section III(a)(1) in
any reasonable manner based on the medium, means, and context in which
You Share the Licensed Material. For example, it may be reasonable to
satisfy the conditions by providing a URI or hyperlink to a resource that
includes the required information.
- If requested by the LICENSOR, You must remove any of the
information required by Section III(a)(1)(A) to
the extent reasonably practicable.
- Share Alike.
In addition to the conditions in
Section III(a), if You Share Adapted Material You
produce, the following conditions also apply.
- You must include the text of, or the URI or hyperlink to, the
Adapter's License You apply. You may satisfy this condition in any
reasonable manner based on the medium, means, and context in which You
Share Adapted Material.
- You may not offer or impose any additional or different terms or
conditions on, or apply any Effective Technological Measures to, Adapted
Material that restrict exercise of the rights granted under the Adapter's
License You apply.
c. City of Albuquerque and
State of New Mexico. The Licensed Material is not to be used to
disparage, insult, ridicule, mock, or otherwise denigrate the City of
Albuquerque or the State of New Mexico.
d. You shall not:
1. use any Licensed Materials in connection with offensive materials
including but not limited to pornography, ads for tobacco products, controlled,
or addictive substances; promotional materials for adult entertainment clubs,
escorts services, dating services, political endorsements, or in any manner that
is defamatory, or is associated with unlawful content;
2. use any Licensed Materials on any third party social media website or
platform if such social media website or platform claims to acquire rights
contrary to this License as a result of such use; or
3. use still images
captured from video clips.
Generis Database Rights
Where the Licensed Rights include Sui Generis
Database Rights that apply to Your use of the Licensed
- if You include all or a substantial portion of the database
contents in a database in which You have Sui Generis Database Rights, then
the database in which You have Sui Generis Database Rights (but not its
individual contents) is Adapted Material, including for purposes of
Section 3(b); and
- You must comply with the conditions in Section 3(a) if
You Share all or a substantial portion of the contents of the database;
- Section II(a)(1) grants You the right to extract, reuse,
reproduce, and Share all or a substantial portion of the contents of the
database for Non-Commercial purposes only.
This Section 4 supplements and does
not replace Your obligations under this License where
the Licensed Rights include other Copyright and Similar Rights.
of Warranties and Limitation of Liability
- Unless otherwise separately undertaken by the LICENSOR, to the
extent possible, the LICENSOR offers the Licensed Material as-is and
as-available, and makes no representations or warranties of any kind
concerning the Licensed Material, whether express, implied, statutory, or
other. This includes, without limitation, warranties of title,
merchantability, fitness for a particular purpose, non-infringement,
absence of latent or other defects, accuracy, or the presence or absence
of errors, whether or not known or discoverable. Where disclaimers of
warranties are not allowed in full or in part, this disclaimer may not
apply to You.
- To the extent possible, in no event will the LICENSOR be liable to
You on any legal theory (including, without limitation, negligence) or
otherwise for any direct, special, indirect, incidental, consequential,
punitive, exemplary, or other losses, costs, expenses, or damages arising
out of this License or use of the Licensed Material, even if the LICENSOR
has been advised of the possibility of such losses, costs, expenses, or
damages. Where a limitation of liability is not allowed in full or in
part, this limitation may not apply to You.
- The disclaimer of warranties and limitation of liability provided
above shall be interpreted in a manner that, to the extent possible, most
closely approximates an absolute disclaimer and waiver of all liability.
- This License applies for the term of the Copyright and Similar
Rights licensed here. However, if You fail to
comply with this License, then Your rights under this License terminate
- Where Your right to use the Licensed Material has terminated under
Section VI(a), it reinstates:
- automatically as of the date the violation is cured, provided it
is cured within 30 days of Your discovery of the violation; or
- upon express reinstatement by the LICENSOR.
This Section 6(b) does not affect
any right the LICENSOR may have to seek remedies for Your
violations of this License.
- The LICENSOR may also offer the Licensed Material under separate
terms or conditions or stop distributing the Licensed Material at any
time; however, doing so will not terminate this License.
- Sections I, V, VI, VII, and VIII survive
termination of this License.
Terms and Conditions
- The LICENSOR shall not be bound by any additional or different
terms or conditions communicated by You unless
- Any arrangements, understandings, or agreements regarding the
Licensed Material not stated herein are separate from and independent of
the terms and conditions of this License.
- This License does not, and shall not be interpreted to, reduce, limit,
restrict, or impose conditions on any use of the Licensed Material that
could lawfully be made without permission under this License.
- To the extent possible, if any provision of this License is deemed
unenforceable, it shall be automatically reformed to the minimum extent
necessary to make it enforceable. If the provision cannot be reformed, it
shall be severed from this License without affecting the enforceability of
the remaining terms and conditions.
- No term or condition of this License will be waived and no failure
to comply consented to unless expressly agreed to by the LICENSOR.
- Nothing in this License constitutes or may be interpreted as a
limitation upon, or waiver of, any privileges and immunities that apply to
the LICENSOR or You, including from the legal processes of any
jurisdiction or authority.