Tourisme Montréal hereby grants you a free, personal, limited, non-transferable and non-exclusive license to use the chosen photographs (the “Material”) under the following conditions:
1. The Material lent to you shall be used solely to promote Montréal as a travel destination in one of the following contexts: o in an editorial travel-related article intended for publication in a newspaper or magazine; or o in an editorial travel-related article intended for publication on a Web site; or o in a trade publication to promote a convention or symposium which will take place in Montréal; or o on the Web site of a convention or symposium held or to be held in Montréal; or o in a travel wholesaler or travel agent trade publication; or o on a travel wholesaler or travel agent Web site. Notwithstanding the above, images included in the list of Journalists and Gay Market topics shall be used exclusively for the purpose of editorial articles specifically targeting the press or the gay market, respectively.
2. In any event, the use of the Material shall be non-commercial, and for the specific purpose of promoting Montréal as a travel destination.
3. The Material shall not in any way be used for the purpose of selling or reselling promotional items, including, but without limiting the generality of the foregoing, the sale or resale of CD-ROMs, postcards or digital postcards.
4. The Material shall include the appropriate credits (name of photographer or owner of copyrights on licensed photograph) as supplied by Tourisme Montréal, and these credits will have to be clearly identifiable. By granting this license.
5. Tourisme Montréal does not in any way transfer any intellectual property rights relative to the Material.
6. This license to use the Material is valid for a period of six (6) months from the date this Licensing Agreement is entered (the date on which you click the “I agree” button below). Once this period is expired, you must ask for permission for any further use of the Material. Notwithstanding the above, this license is valid for one (1) year (from the date on which you click the “I agree” button below) for use of the Material on a Web site.
7. When the Material is supplied in the form of slides, the slide support is loaned for a period of sixty-five (65) days from the date this Licensing Agreement is entered (the date on which you click the “I agree” button below). On the sixty-fifth (65th) day, at the latest, you commit to returning all slide supports loaned by Tourisme Montréal.
8. You agree that you will not authorize any third party to use the Material without prior written authorization by Tourisme Montréal.
9. Any use of the Material for purposes other than those set forth in this license, including the transmission or reproduction of the Material electronically or by any other means not authorized under this license agreement, are strictly prohibited unless prior written authorization is obtained from Tourisme Montréal.
10. All applicable laws in the Province of Québec govern this License as well as any litigation related thereto. The tribunals of the Province of Québec will have sole jurisdiction in any such respect.