BERNAMA DIGITAL IMAGES LICENSING TERMS & CONDITIONS

These Terms & Conditions govern the purchase and use of photographs ("PHOTO(S)") made available by Pertubuhan Berita Nasional Malaysia (BERNAMA) through its online platform.

By purchasing, downloading, accessing, or using any PHOTO(S), the purchaser ("Licensee") agrees to be bound by these Terms & Conditions.

 1. GRANT OF LICENSE

BERNAMA grants the Licensee a non-exclusive, non-transferable, and limited license to use the PHOTO(S) strictly in accordance with the usage, duration, territory, and purpose specified at the time of purchase.

The Licensee shall not use the PHOTO(S) for any purpose other than those expressly permitted without the prior written consent of BERNAMA.

BERNAMA reserves the right to refuse, restrict, or cancel any license request at its sole discretion.

 2. COPYRIGHT AND OWNERSHIP

All copyrights, intellectual property rights, title, and ownership of the PHOTO(S) shall remain vested in BERNAMA and/or its respective content providers.

The purchase of a license does not transfer ownership of the PHOTO(S) to the Licensee.

All rights not expressly granted herein are reserved by BERNAMA.

 3. LICENSE FEE AND PAYMENT

The Licensee agrees to pay the applicable licensing fee as displayed on the online platform at the time of purchase.

All fees shall be payable in Malaysian Ringgit (RM) unless otherwise stated.

BERNAMA reserves the right to revise licensing fees at any time without prior notice.

 4. DELIVERY OF PHOTO(S)

Upon successful payment verification, the PHOTO(S) shall be delivered electronically through download access, email transmission, or other methods determined by BERNAMA.

BERNAMA shall not be responsible for delays arising from technical issues beyond its reasonable control.

5. PHOTO CREDIT

Unless otherwise specified by BERNAMA, the Licensee shall provide proper attribution when publishing or reproducing the PHOTO(S).

The recommended credit line shall be: BERNAMApix, BERNAMAPhoto, BERNAMA Images.

BERNAMA may waive or modify this requirement for specific licensing arrangements.

6. RESTRICTIONS ON USE

The Licensee shall not:

a) resell, sublicense, redistribute, transfer, assign, rent, lease, or otherwise make the PHOTO(S) available to any third party;

b) use the PHOTO(S) in any unlawful, defamatory, misleading, obscene, offensive, or unethical manner;

c) alter, manipulate, distort, or create derivative works from the PHOTO(S) without prior written consent from BERNAMA, except for reasonable cropping, resizing, colour correction, or formatting required for the approved use;

d) remove, obscure, or modify any copyright notice, watermark, metadata, or attribution associated with the PHOTO(S);

e) claim ownership, authorship, or exclusive rights over the PHOTO(S).

7. INDEMNITY

The Licensee shall indemnify, defend, and hold harmless BERNAMA, its officers, employees, agents, and representatives from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of:

a) the Licensee's use of the PHOTO(S);

b) any breach of these Terms & Conditions; or

c) any infringement of the rights of third parties resulting from the Licensee's use of the PHOTO(S).

8. LIMITATION OF LIABILITY

To the fullest extent permitted by law, BERNAMA shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages arising from the use of the PHOTO(S).

BERNAMA's total liability under these Terms & Conditions shall not exceed the amount paid by the Licensee for the relevant PHOTO(S).

9. REFUND POLICY

Due to the digital nature of the PHOTO(S), all purchases are final.

No refunds, exchanges, or cancellations shall be provided once the PHOTO(S) have been delivered, downloaded, accessed, or made available to the Licensee, except where required by applicable law.

10. TERMINATION

BERNAMA may immediately suspend or terminate the License granted under these Terms & Conditions if the Licensee breaches any provision herein.

Upon termination, the Licensee shall immediately cease all use of the PHOTO(S) and remove or destroy all copies within its possession, custody, or control.

Termination shall not affect any accrued rights or obligations of either party.

11. GOVERNING LAW AND JURISDICTION

These Terms & Conditions shall be governed by and construed in accordance with the laws of Malaysia.

Any dispute arising out of or in connection with these Terms & Conditions shall be subject to the exclusive jurisdiction of the courts of Malaysia.

12. ACCEPTANCE OF TERMS

By completing payment, downloading, accessing, or using the PHOTO(S), the Licensee acknowledges that it has read, understood, and agreed to be bound by these Terms & Conditions.

Such action shall constitute a legally binding agreement between BERNAMA and the Licensee.

13. ENTIRE AGREEMENT

These Terms & Conditions constitute the entire agreement between BERNAMA and the Licensee concerning the licensing and use of the PHOTO(S).

Any waiver, amendment, or modification shall only be effective if made in writing by BERNAMA.