• TERMS AND CONDITIONS OF USE

    Your Agreement with Aurora Photos, Inc.

    THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND Aurora & Quanta Productions, Inc., operating as Aurora Photos, Inc. ("AURORA PHOTOS", "WE" OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD ANY IMAGE. BY CLICKING ON THE BUTTON THAT STIPULATES AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS AND BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DISCONTINUE USING THE SITE.

    If you are under eighteen (18) years of age, you must have parental consent before ordering any photograph or image on this site.

    Ownership of This Website

    This website is owned and operated by Aurora & Quanta Productions, Inc., operating as Aurora Photos, Inc. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software ("Content"), is owned by Aurora Photos, Inc., its licensors and its content providers.

    All elements of Aurora Photos, Inc. websites, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Aurora Photos, Inc. or one of its subsidiaries, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of Aurora Photos, Inc. or its licensors unless otherwise expressly agreed. You shall indemnify Aurora Photos, Inc., its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.

    "Aurora Photos, Inc.", the Aurora Photos, Inc. logo, "Aurora Photos," and Aurora Photos logo are trademarks of Aurora Photos, Inc. and may be registered in some countries.

    Aurora Photos, Inc.
    30 Danforth Street Suite 305
    Portland, Maine 04101
    207-828-8787x300 (ph)
    207-828-5524 (fx)

    If you have any questions or comments about the archive send email to: info[at]auroraphotos.com

    For any sales or research requests call (207) 828-8787 x300 or email: sales[at]auroraphotos.com

    ©2014 Aurora Photos, Inc. All rights reserved.

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  • WEBSITE IMAGE USE AGREEMENT

    Aurora Photos, Inc. grants you a non-transferable, non-exclusive license to store, reproduce (including making a copy onto your computer's hard drive) and use the photographic images on this website and any authorized derivatives or copies thereof (collectively the "Images") solely for evaluation purposes, to test or sample the Images, including using the Images in comps, rough or draft layouts, or for demonstration to your clients but only when in good faith, use of the specific image is intended.

    Rates and rights must be negotiated before use, other than those uses described above. All photographs and rights not expressly granted in writing remain the exclusive property of the photographer and are limited to one-time use.

    Aurora Photos requests that a credit reading "©Photographer's Name/Aurora Photos" appear adjacent to the images or on an obvious credits page or screen. Missing and/or incomplete credits are susceptible to additional charges.

    Notwithstanding the License Grant above, you may not: Sublicense, re-license, rent or lease any of the Images; Copy or publish any of the Images to a network or bulletin board, or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than the authorized users, without prior written consent from Aurora Photos, Inc.; Use any of the Images for any form of pornography, or in a libelous, defamatory, fraudulent, infringing, or otherwise illegal manner; Use any of the Images to promote a business that sells or licenses photographic images, or otherwise competes with Aurora Photos, Inc. in any manner; or Ship, transfer or export any of the Images into any country or use any of the Images in any manner prohibited by any export laws, restrictions or regulations.

    Aurora Photos, Inc.
    30 Danforth Street Suite 305
    Portland, Maine 04101
    (207) 828-8787 (ph)
    (207) 828-5524 (fx)

    If you have any questions or comments about the archive send email to: info[at]auroraphotos.com

    For any sales or research requests call (207) 828-8787 x300 or email: sales[at]auroraphotos.com

    ©2014 Aurora Photos, Inc. All rights reserved.

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  • PRIVACY POLICY

    Aurora Photos, Inc. fully respects your rights to privacy and utilizes the following practices in regards to any information we are provided or obtain about users of this website.

    In order to fulfill licensing transactions or provide service to you as a customer of Aurora Photos, Inc., we may require you to provide certain information to us. Common items may include, but are not limited to, your name, address, phone number and credit card number.

    By providing this information to Aurora Photos, Inc., you are agreeing to allow us to utilize this information to complete all transactions you request through this website and to disclose that information and details of all such transactions to Aurora Photos, Inc., our subsidiaries, affiliates and any necessary payment processors. Because of the nature of the internet, such data may pass through any country.

    Email
    If you authorize us to send you promotional materials, we may do so using either the email or the mailing addresses you provided on the registration or billing information screens. From time to time we may notify you of special promotions, new products or services, or other information that may interest you. We do not share any information you provide to us, including your email and mail addresses, with any companies outside Aurora Photos, Inc., its affiliates or necessary payment processors. Should you not wish to receive this type of information, you will be able to express this desire by clicking on the appropriate button or checkbox when first asked to respond to the issue, or by modifying your profile at anytime thereafter. We will not send you information if you inform us you do not wish to receive such materials. If you would like to revise the information provided to us, or feel that what we currently have on record is incorrect, you may update the information in the update profile section of this website.

    Cookies
    When you visit the Aurora Photos, Inc. website, we place a text file called a "cookie" in the browser directory of your computer's hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve. The cookie cannot be read by any website other than the one that set up the cookie.

    Cookies enable our website to recognize the information you have consented to give to our website, and help us determine what portions of this website are most appropriate for your personal needs.

    We do NOT use cookies to examine your surfing behavior before or after leaving an Aurora Photos, Inc. website.

    If at any time you believe that Aurora Photos, Inc. has not followed the above policy, or if you would like your information to be removed from our system, please contact us at info@auroraphotos.com We will make reasonable efforts to identify and correct any problem.

    Aurora Photos, Inc.
    30 Danforth Street Suite 305
    Portland, Maine 04101
    (207) 828-8787 (ph)
    (207) 828-5524 (fx)

    If you have any questions or comments about the archive send email to: info[at]auroraphotos.com

    For any sales or research requests call (207) 828-8787 x300 or email: sales[at]auroraphotos.com

    ©2014 Aurora Photos, Inc. All rights reserved.

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  • AURORA'S RM LICENSING AGREEMENT

    TERMS AND CONDITIONS FOR THE USE OF PICTURES
    NO RIGHTS: Rates and rights must be negotiated before use, other than those uses described above. All photographs and rights not expressly granted in writing remain the exclusive property of the photographer and are limited to one-time use. Aurora requests that a credit reading '©Photographer’s Name/AURORA' appear adjacent to the Images or on an obvious credits page or screen. Missing and/or incomplete credits are susceptible to additional charges. Images cannot be used to illustrate or promote the following topics without prior written consent of Aurora Photos: Adult and/or sexually explicit themes (including sexually transmitted disease, sexual disfunction, and/ or contraception), alcohol, tobacco, or firearms. Notwithstanding the License Grant above, you may not: Sublicense, re-license, rent or lease any of the Images; Copy or publish any of the Images to a network or bulletin board, or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than the authorized users, without prior written consent from Aurora; Use any of the Images for any form of pornography, or in a libelous, defamatory, fraudulent, infringing, or otherwise illegal manner; Use any of the Images to promote a business that sells or licenses photographic images, or otherwise competes with Aurora in any manner; Use an Image in a manner that implies endorsement of a product or service unless you request and receive a copy of a model release for all recognizable individuals and private property depicted in the Image; or Ship, transfer or export any of the Images into any country or use any of the Images in any manner prohibited by any export laws, restrictions or regulations.

    NO RELEASES: No model releases or other releases exist on any Images unless Aurora specifies the existence of such release in writing to you. You shall indemnify Aurora and the relevant photographer against all claims arising out of the use of any Images where the existence of such release has not been specified in writing by Aurora. In any event, the limit of liability of Aurora shall be the sum paid to it per the invoice for the use of the particular Image involved. You will hold Aurora and the photographer harmless from all claims for the use of the Images, including defamatory use. Aurora gives no right or warranties with respect to the use of names, trademark, logo types, registered or copyrighted designs or works of art depicted in any Image, and IT IS YOUR OBLIGATION TO BE SURE THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSIONS, AS MAY BE REQUIRED FOR REPRODUCTION, ARE SECURED. If any Image featuring a model is used in a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service, or if the depiction of the model is used in connection with a subject that would be unflattering, embarrassing or unduly controversial to a reasonable person, Licensee must accompany each such use with a statement that indicates that the person is a model and the Image is being used for illustrative purposes only.

    CREDIT: In editorial uses, credit must be given to both the Photographer and representing company, either adjacent to the photograph or in the credits section which is referenced in the table of contents. A surcharge of 50% will be made for omission of such editorial credit. In commercial and advertising usage credit is requested.

    Copyright: No ownership or copyright shall pass to you by the issue of this Invoice with respect to the Image(s). Copyright to the Images shall remain with contributing photographer. You agree to that the Images provided to you are protected by copyright and you shall protect such copyright at all times.

    CAPTIONS: Captions on the photographs should be independently verified.

    GOVERNING LAW AND VENUE : This Agreement shall be interpreted, construed and governed by the laws of the state of Maine, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in state or federal courts of located in Portland, Maine and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, Aurora shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Aurora, such action is necessary or desirable. No action of Aurora, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use or Privacy Policy. Should any clause of these Terms and Conditions of Use or Privacy Policy be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. We reserve the right to change these Terms and Conditions of Use, Licensing Agreement, the Privacy Policy, prices, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between Aurora and you relating to your use of this website.

    VALIDITY If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms.

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    AURORA'S RF LICENSING AGREEMENT

    THIS LICENSE AGREEMENT IS A LEGAL AND BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU THE USER ("LICENSEE") AND AURORA PHOTOS. THIS LICENSE AGREEMENT APPLIES TO LICENSES ISSUED VIA THE WEB OR OTHER DIGITAL STORAGE MEDIA (THE “AGREEMENT”). IMAGES LICENSED VIA THE WEB MAY NOT BE RETURNED OR REFUNDED. THE TERM LICENSEE INCLUDES THE CLIENT IF THE AGENT IS ACTING ON BEHALF OF THE CLIENT AND PROVIDED BOTH AGENT AND CLIENT ARE JOINTLY AND SEVERALLY LIABLE TO AURORA PHOTOS UNDER THE AGREEMENT.

    1. License
      Subject to the terms of this License Agreement, AURORA PHOTOS (“AURORA”) grants Licensee a perpetual, worldwide, non-transferable, non-exclusive right to reproduce, transmit and display, in whole or in part, AURORA’S Royalty Free Image(s) an unlimited number of times, in any and all media for the Permitted Uses described below. All other rights to the Image(s), and accompanying materials (if applicable), including without limitation, copyright and all other rights, are retained by AURORA. All rights not specifically granted are retained by AURORA.
    2. Permitted Uses
      • Any print media, including advertising and promotional materials, editorial publications and consumer merchandise;
      • Any Internet, intranet, Online or web-based media provided the resolution of the images does not exceed 72dpi;
      • Broadcast and Theatrical exhibitions;
      • Products intended for resale; provided these products are NOT intended to allow the re- distribution or re-use of the Image(s) such as with "print on demand" services or merchandise; AND
      • Additional uses approved in writing by AURORA.
      Licensee may alter, crop, modify or adapt the Images in connection with the above permitted uses. Licensee may make a back-up copy of the Image(s) for internal back-up purposes provided AURORA’S copyright and any image identifying information embedded with the digital file is retained with the file. Limited, temporary transfers of the Images are permitted to third parties integral to the creation of the final product, provided such third parties agree to abide by the terms of this Agreement.
    3. Number of Users / Seat License
      Licensee may store the Images on a server, image library or network configuration to be viewed by Licensee or its clients provided that no more than 10 persons can access the Images. Before permitting access to more than 10 persons, Licensee must upgrade the seat license from AURORA.
    4. Restrictions on Use
      Except as provided herein, Licensee may not:
      • Sublicense, sell, assign, convey or transfer any of its rights under this Agreement, but Licensee may sell or license derivative works incorporating the Images.
      • Include the Images in an electronic template intended to be used by third parties on electronic or printed products, so called "print on demand" merchandise, where the purpose is to create multiple impressions, including but not limited to: website designs, presentation templates, electronic or printed greeting cards, postcards, posters, business cards, t-shirts, mugs, screensavers, desktop wallpapers, custom calendars, or any other electronic or printed matter without obtaining an additional license for such purpose;
      • Sell, license or distribute its final product in such a way that permits Licensee's end users to extract or access the Images as a stand-alone file.
      • Incorporate the Images into a logo, trademark or service mark.
      • Distribute, post or upload the Image(s) online in a downloadable format or enable it to be distributed via mobile telephones, cameras or other digital devices.
      • Use any Image in a pornographic, defamatory, libelous or otherwise illegal manner, whether directly or in context or juxtaposition with other materials.
      • Use any of the Images in any manner prohibited by any export laws, restrictions or regulations.
    5. Product Endorsement or Sensitive Use Disclaimer
      If any Image featuring a model or property is used in connection with or in a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service, or if the depiction of the model is used in connection with a subject that would be unflattering, embarrassing or unduly controversial (except for Editorial Material used in an editorial manner), Licensee must accompany each such use with a conspicuous statement that indicates that i) the person depicted in the image is a model and ii) the Image is being used for illustrative purposes only. These requirements are without prejudice to the obligations of AURORA regarding use of the Images contained elsewhere throughout this Agreement.
    6. Releases
      Model releases are available for Image(s) containing models upon request. Names are removed to protect the privacy of the model. Other than model releases for recognizable persons, AURORA grants no rights and makes no warranties with regard to the use of names, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in any Image, and Licensee must satisfy itself that all the necessary rights or consents regarding any of the above, as may be required for reproduction, have been obtained.
    7. Indemnity
      Licensee agrees to defend, indemnify and hold AURORA and its parent, subsidiaries and affiliates and their respective officers, directors and employees harmless from all damages, liabilities and expenses (including reasonable attorneys' fees and costs), arising out of or as a result of claims by third parties relating to Licensee's use of any Image(s) outside the scope of this Agreement or any other breach by Licensee of this Agreement.
    8. Warranties and Limitation of Liability
      AURORA represents that it has the right to grant the license herein and warrants the Images to be free from defects in material and workmanship for 30 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the image(s) or refund of the purchase price, at AURORA’S option. AURORA MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AURORA SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE IMAGES, OR OTHERWISE, EVEN IF AURORA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. AURORA’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE IMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THE LICENSEE FOR THE USE OF THE IMAGE(S). Licensee may have additional rights under state law.
    9. Payment Terms
      No licenses are granted until full payment of AURORA’S invoice or licensing fee is received. Unless credit terms have specifically been agreed directly between AURORA and the Licensee, Payment of AURORA'S invoices must be received on the sooner of thirty (30) days of its date net, without any discounts, or prior to the publication of any Image. The licensee agrees to pay AURORA a service charge of five percent (5%) per month on any unpaid balance after this time period for the use of the Image. Any disputes concerning the invoice must be submitted in writing, within twenty (20) business days of the invoice date, or the licensee shall be deemed to have accepted the invoice as issued.
    10. Copyright Infringement and Liquidated Damages
      In the event that the licensee utilizes any Image without or prior to the granting of a license, AURORA reserves the right to seek damages through legal channels unless the licensee agrees to reimburse AURORA, as liquidated damages, a sum equal to five (5) times the market value price charged for such use of a Royalty-Free image. If the licensee fails to make the payment as outlined above, within five (5) days of AURORA’S invoicing such fee, this liquidated damage provision shall be void and AURORA reserves the right to sue for copyright infringement, including attorneys' fees and all associated costs.
    11. Termination
      The license contained in this Agreement will terminate automatically without notice from AURORA if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must immediately (i) stop using the Image(s), (ii) destroy or, upon the request of AURORA, return the Images to AURORA, and (iii) delete or remove the Images from Licensee's premises, computer systems and storage (electronic or physical).
    12. Revocation
      Licensor reserves the right to revoke the license to use any Image(s) for good cause and elect to replace such Image with an alternative Image. Upon notice of any revocation of a license for any Image(s), Licensee shall immediately cease using such Image(s), shall take all reasonable steps to discontinue use of the replaced Image(s) in products that already exist and shall inform all end- users and clients of same
    13. Severability
      If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be reformed only to the extent to make it enforceable.
    14. Choice of Law/Attorney’s fees
      This Agreement will be governed in all respects by the laws of the State of Maine/USA, without reference to its laws relating to conflicts of law. Licensee agrees that the Circuit or County Court of the State of Maine for Cumberland County and the United States District Court for the District of Maine located in Portland are the agreed and appropriate forums for any such suit, and consent to service of process by registered mail or overnight courier with proof of delivery. The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement. If AURORA is obligated to go to court to enforce any of its rights, the Licensee agrees to reimburse AURORA for its legal fees and disbursements if AURORA is successful.
    15. Waiver
      No action of AURORA, other than express written waiver, may be construed as a waiver of any provision of this Agreement.
    16. Entire Agreement
      This contract contains all the terms of the license agreement and no terms or conditions may be added or deleted unless made in writing and signed by an authorized representative of both parties. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other writing sent by Licensee, the terms of this Agreement shall govern.

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  • CANCELATION POLICY

    If license cancellation request is received, in writing, within 48 hours of receipt of licensed material, Licensee's account will be credited for one hundred percent (100%) of the license fee. If licensee cancellation request is received, in writing, within thirty (30) days of receipt of licensed material, licensee's account will be credited for fifty percent (50%) of the licensing fee. If licensee cancellation request is received, after thirty (30) days of receipt of Licensed Material, no refunds will be offered. If you are needing an image on a temporary basis, please inform your sales rep at that time of purchase to make alternative arrangements.

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  • DISCLAIMERS

    THIS WEBSITE AND ITS CONTENT ARE PROVIDED 'AS IS' AND AURORA EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE. AURORA MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS MADE AVAILABLE ON OR THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. AURORA NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, INFORMATION OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THIS SITE, NOR SHALL IT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS OBTAINED ON OR THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, INFORMATION OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THIS SITE.

    Except as specifically stated in these Terms and Conditions of Use, Licensing Agreement, and the Privacy Policy, or elsewhere on this website, or as otherwise requirer the Content whether or not we have been advised of the possibility of such damages. Aurora uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content’s accuracy, correctness or reliability. There may be links to other websites from the Aurora website; however, these other websites are not controlled by Aurora and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against Aurora regarding the inclusion of links to outside websites or your use of those websites. Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

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  • License Compliance Services

    Protected by LCS

    Aurora Photos strives to protect the interests, intellectual property, and livelihoods of the photographers with whom we work, and for this purpose has mandated License Compliance Services to manage copyright compliance on our behalf.