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Licensing Agreement & Usage Guidelines

The YGS Group (YGS), as authorized agent of Popular Science and Bonnier Corporation ("Licensor"), grants Licensee on behalf of Licensor the non-exclusive right to reproduce licensed Content for limited uses as specified in the Order number(s) noted above, subject to the following terms and conditions:

  1. Limited License. The License Agreement ("License" or "Agreement") is limited to the copyright in the Content, which the Licensee has checked and paid for in full, and does not extend to any other content or material. No photographs or illustrations, unless part of a licensed Cover, are included in this License. License is for one-time, non-exclusive, limited use in specified media for the time period specified on the order page.
  2. Restrictions. Licensee may not use the Content to solicit contributions, or applications for membership or to endorse any individual or group for elected office. Any Content that is digitally displayed cannot be indexed or "searchable" by Internet search engines.
  3. Prior Approval of Creative. All creative including the Content must be submitted to YGS for written approval prior to use, distribution, republication, or transmission of such creative by Licensee. No changes may be made to approved creative without prior written approval of YGS. Any approved creative is attached to and made a part of this Agreement as an Exhibit.
  4. No Changes to Content/Linking. Rewriting, summarizing, revising, changing, editing, updating and/or excerpting the Content are prohibited in any and all media now known or hereafter invented. All uses of Content must accurately reflect the original published Content in context; for example, an accolade is licensed for use only in connection with the specific company, product, or service that was the subject of the accolade as first published. Licensed covers must appear in entirety as originally published. All logos licensed for use on a Licensee web site, and all links from all Licensed Content, must link directly to the relevant content on www.popsci.com.
  5. Payment. Payment for Content licensing fees must be made in full at the time the Order is placed. All sales are prepaid and final. No refunds or credits will be issued or due for any full or partial cancellation or non-use by Licensee.
  6. Trademark Notices. First appearance of licensed trademarks in all licensed uses must be followed immediately by the ® symbol for registered trademarks and the ™ symbol for non-registered trademarks. Licensed trademarks must appear with a conspicuous trademark notice as follows: if registered, "[insert registered trademark] is a registered trademark of Time Inc. and is used under license" and if not registered, same notice but without the word "registered."
  7. Accolade Notices. Licensed accolades must appear with a conspicuous credit as follows: "From [insert name of magazine] Magazine, [insert date of issue in which accolade appeared] © [insert year of publication of issue] Bonnier Corporation Used under License."
  8. Other Content Notices. Reproductions of published covers must appear with a conspicuous copyright notice as follows: "From [insert name of magazine] Magazine, [insert date of issue in which content appeared] © [insert year of publication of issue] Bonnier Corporation Used under license."
  9. Disclaimer. Licensed trademarks, accolades, reprints, e-prints, and covers must appear with a conspicuous disclaimer following the applicable notice as follows: "[insert name of magazine] and Bonnier Corporation are not affiliated with, and do not endorse products or services of, Licensee."
  10. Placement of Notices & Disclaimer. For licensed trademarks, accolades, and covers, the applicable notice and disclaimer must appear: (a) in connection with, immediately following, or on the same page where the licensed trademark, accolade, or cover first appears in every licensed use or (b) for licensed use in movies and television, as part of the credits. For licensed reprints and e-prints, the applicable notice must appear on the first or last page of the reprint and e-print and the disclaimer must immediately follow the copyright notice and, if the reprint is distributed with a cover or introductory email or letter, the disclaimer also must appear in the cover or introductory email or letter.
  11. Content Ownership/Permissions. Licensee acknowledges and agrees that: (a) all licensed Content (including licensed trademarks, magazine names, and annual listing names) is the sole and exclusive property of Licensor and Licensee has no right to use the Content except as specified in this Agreement; (b) Licensor and YGS make no representations or warranties with respect to Licensee’s use of the names and likenesses of any individuals or names and marks of third parties appearing in any licensed Content; and (c) any consents or permissions, except for copyrights and trademarks owned by Licensor, that may be required for use of the Content by Licensee are the sole responsibility of Licensee.
  12. No Sub-Licensing. Licensee may not sell, transfer, assign, relicense, or sub-license the Content or authorize or purport to authorize any third party to do so.
  13. Termination Rights. This Agreement will terminate immediately upon written notice to Licensee of any breach by Licensee of any of the terms of this Agreement. Licensor and YGS also reserve the right to terminate the Agreement for any reason other than breach upon five (5) days written notice. If this Agreement is terminated by Licensor or YGS, for any reason except for breach of the Agreement by Licensee, YGS will reimburse Licensee a proportionate amount of any Content licensing fee paid by Licensee to YGS under this Agreement equal to the ratio of the period of non-use to the period of use of such Content first authorized by the Agreement.
  14. Indemnification. Licensee shall indemnify, release, and hold harmless YGS and Licensor, and their respective affiliates, officers, directors, employees, and agents, for any and all third-party claims, damages, liabilities, costs and expenses (including attorney’s fees), arising out of or based on the use, reproduction, distribution, and/or transmission of the Content by Licensee.
  15. Insurance. During the term of this Agreement and, with respect to any claims-made policies, for a period of three years thereafter, Licensee shall maintain in full force and effect the following insurance coverage: (i) Commercial General Liability insurance with limits of no less than $2 million per occurrence and $2 million as an annual aggregate, including but not limited to products and completed operations and advertising liability, (ii) Workers´ Compensation insurance in compliance with all statutory requirements.
  16. Miscellaneous. This Agreement represents the entire understanding of the parties and may not be modified in any way without the written consent of both parties in a signed amendment. This Agreement will be governed by and interpreted under the laws of the State of Pennsylvania, without regard to its conflicts of law rules and any dispute regarding this Agreement will be heard in the courts, federal or state, located in the County of York in the State of Pennsylvania.
  17. Survival. Sections 13 – 18, and any unpaid fee obligations, will survive any termination or expiration of this Agreement.
  18. Agent. If this Agreement is executed by any agent on behalf of Licensee, the agent represents and warrants that the agent has full authority from Licensee to execute this Agreement on behalf of Licensee.