Photo Library

Photo Library Terms of Use

Use of any Air Products and Chemicals, Inc. (Air Products) image constitutes your agreement to the following terms:

Please review this document carefully and thoroughly and contact an Air Products representative at (610) 481-2682 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 Air Products.

These terms constitute a binding agreement (“Agreement”) between you and Air Products. 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 Air Products directly or via Air Products’ website (www.airproducts.com), you agree to be bound by this Agreement. If you choose not to be bound, do not use Air Products images.

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

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

Unless otherwise specified in a separate writing signed by Air Products, your reproduction of images is limited to a single, specific, non-commercial use and shall constitute the full license granted. Any license granted by Air Products is conditioned upon your meeting all conditions and restrictions imposed by Air Products. You may not otherwise make, use or distribute copies of any images for any purpose except as authorized. Air Products 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 Air Products 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.

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 Air Products.

The rights Air Products 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 Air Products. Air Products makes no representations or warranties that it owns or licenses any rights nor does Air Products 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, Air Products 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 Air Products. If you are unsure whether additional rights are needed for your use, you are responsible for consulting with competent legal counsel.

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 Air Products 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. Air Products in its sole discretion reserves the right to bill you for any unauthorized use, in addition to any other fees, damages, or penalties Air Products may be entitled to under this Agreement or applicable law. The foregoing is not a limiting statement of Air Products’ rights or remedies in connection with any unauthorized use.

Any license granted by Air Products 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 Air Products’ 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 Air Products for additional information prior to any use of an image with any sensitive topic.

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

You agree to indemnify and defend Air Products 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.

For all uses, you shall include a photo credit adjacent to each image (in the format: “Image courtesy of Air Products and Chemicals, Inc.”) with each publicly distributed image.

Except for credits as required above, you may not use the logo, trademark, or service marks of Air Products and Chemicals, Inc. without Air Products’ prior written consent.

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 Air Products and you where Air Products prevails, Air Products shall be entitled to recover its reasonable attorneys’ fees, legal expert fees, court costs, and other legal expenses.

Air Products warrants that it has sufficient rights to grant you the limited license under this Agreement. While Air Products makes efforts to use accurate caption information, Air Products does not warrant that caption information is accurate. Air Products provides you with image captions on an “as is” basis. Air Products 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.

Except for any liability which cannot by law be excluded or limited, neither Air Products nor any Air Products 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.

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 Air Products.

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 Air Products’ prior written consent.

Last Modified: December 15, 2005

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