The proceeding License Agreement is current as of May X, 20XX and replaces and overrides any and all other license agreements associated with website.com products before the above date.
In employing the use of any website.com products, you automatically agree to be bound by the terms set by this agreement. Some of our users may be entering into this agreement on behalf of another party. If this be the case, the user and the other party are obligated to abide by the rules and limitations of this agreement. This does not cease to be the case if you end representation of that other party, such as ending employment by your employer, at such time your employer will continue to operate under this agreement.
TERMS AND DEFINITIONS:
“Website.com products” or “content” refers to, but is not limited to, any images, clips, films, videos, animations, or footage that is created, controlled, or acquired by website.com. When we say “Royalty Free” we are assuring you that after the set purchase price, you will not be asked to pay any further charges pertaining to a single or multiple use of the purchased product within your Production. ”Limitations” and “Restrictions” refer to the specific uses of website.com products that are unauthorized and NOT allowed by website.com, and are exceptions to the grant set forth by this agreement.
GRANT OF LICENSE:
You are being granted a nontransferable, non-exclusive and Royalty Free right (except as otherwise set forth in this agreement) to use and alter the website.com content designated PL________________________________ (the “Footage” If applicable, multiple footage IDs are listed at the end of this document), in the production entitled “_________________________________________________________________” (the “Production”) in any and all media in perpetuity through the universe, to which the following terms and conditions apply:
ALLOWED GENERAL USE:
The website.com content, edited or used in unedited form, on 5 or more network-based or single computers within the same company. You may not sell, rent, lease, loan, or sub-license the website.com content to another person, company, or party. Any material produced using the website.com content must be for the company's own use and not for individual use outside the company, whereby the end-user of your work must be either your company, employer, client, or customer. Notwithstanding the foregoing, You may license and/or transfer ownership of the final project in connection with the distribution of the final project containing the licensed content as may be necessary; however, such right does not extend to distribution or transfer of the rights to the website.com content outside of the project.
website.com content may be used in projects such as feature film, television, multimedia, internet, broadcast, commercials, live performance, video, advertisement, printed projects, or presentations. The website.com content in whole or in part, and any derived work thereof may not be used in any way as templates, stand-alone backgrounds, stock elements or effects imagery elements, made available as downloadable files or included in any other stock footage product, library, collection, or set of clips for distribution or resale, regardless of whether the website.com content have been drastically altered. All customized visual effects created by website.com fall under this same agreement, and, unless otherwise agreed upon in writing, website.com remains the author and owner of such effects, and reserves the right to include them for sale in existing or future content or for individual purchase.
In cases when the website.com content are used in a project that will ultimately be reproduced, sold and distributed (DVDs, home videos, music videos, training videos, etc.) the following restrictions apply: The website.com content may not comprise more than 25% of length of the finished work, even if the website.com content are layered with other graphics, nor may the primary value of the product come from the website.com content. The website.com content is strictly prohibited from being used as screen savers. Additionally, you agree to take all reasonable steps possible to prevent any third party from duplicating or distributing any of the website.com content included in the finished work. Please note that special licensing to obtain additional rights is available by contacting website.com .
The website.com content may not under any circumstances be used in or in conjunction with, or as part of pornographic, obscene, fraudulent, libelous, infringing, or illegal material.
All website.com content is copyright website.com or its licensers and are protected by United States Copyright laws, international treaty provisions and other applicable laws. No title or intellectual property rights in the website.com content are transferred to you. website.com retains all rights not expressly granted by this license agreement.
website.com will not be liable to you for any special, indirect, consequential, punitive, or incidental damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the website.com content except to the extent of website.com negligent acts or omission or to the extent of website.com breach of any warranty set forth herein. Your rights may vary from state to state.
BREACH OF AGREEMENT:
You agree to indemnify and hold website.com harmless from and against any damages or liability of any kind arising from your use of the website.com content in any form, any breach of the terms and conditions of this Agreement, or your negligent act, omission or willful misconduct. website.com shall be limited to an action for money damages for any breach by you under this agreement.
website.com warrants the website.com content to be free from defects in material and workmanship for 90 days from delivery. Except for website.com breach of any warranty herein, your sole and exclusive remedy for a breach of this warranty is the replacement of the website.com content, applicable media, or a refund of the purchase price, at the option of website.com . website.com represents and warrants that website.com is the sole owner of all copyrights for authorship of the content and that no permissions from any third party is required. The content is acquired in the public space and due to the nature of the content, releases of likeness and property are not possible, as such the content is to be considered for editorial use and any additional clearances are your responsibility. website.com makes no other warranties or representations with regard to the website.com content and any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement are hereby disclaimed.
website.com reserves the right to amend this agreement at any time, but no term or conditions may be added or deleted unless made in writing and signed by both parties.
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.
If you have any questions or concerns regarding any aspect of our License Agreement, we invite you to email us at email@example.com.