|
BY USING ANY STOCKVIDEOPHOTO PRODUCT, WHETHER VIA DOWNLOADOR ON
CD ROM YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF
YOU ARE ENTERING THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE
LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS RECITED HEREIN
APPLY TO YOUR EMPLOYER AS WELL AS TO YOU AS A REPRESENTATIVE OF
YOUR EMPLOYER. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER, YOUR
EMPLOYER MAY CONTINUE TO OPERATE UNDERTHIS AGREEMENT.
Grant Of License
Upon use of the Digital Media Files, you are granted a non-exclusive,
non-transferable license to use and modify the Digital Media Files
subject to the following terms and conditions:
Single Use License
The Digital Media Files may only be modified or used in unmodified
form, on one computer at any one time. You may not rent, lease,
lend, sell or sublicense the Digital Media Files to another person,
company or other entity. Anything you produce using the Digital
Media Files must be for your own use, or for the use of your employer,
client or customer, who must be the end-user of your work. Please
contact StockVideoPhoto for a multi-seat site license if you need
to use the Digital Media Files over a network for multiple users.
Non-Retail Uses
The Digital Media Files may be incorporated into a derivative work
such as a film, video, broadcast, multimedia, advertisement, live
performance, internet, presentation, or print project, but the Digital
Media Files and any derivative work thereof may not be used, sold,
licensed, reproduced, distributed or displayed as stand-alone backgrounds,
stock or effects imagery elements, made available as downloadable
files or included in any other clip media/stock product, library,
collection, or set of clips for distribution or resale. These terms
apply even if the Digital Media Files have been significantly altered.
Marketing and Promotion
Unless StockVideoPhoto receives written notification from you to
the contrary, you hereby grant StockVideoPhoto the right to display
any derivative works within your possession or control that incorporate
one or more of the Digital Media Files at tradeshows, in collateral,
and/or via electronic distribution for marketing, educational, and
promotional purposes as examples of customer usage. At your request,
Stock Video Photo will identify you as the author of such derivative
work.
Special Limitations
The Digital Media Files may not under any circumstances be used
in or in conjunction with pornographic, defamatory, obscene, fraudulent,
libelous, infringing, immoral, or illegal material.
Copyright
All Digital Media Files are copyright of StockVideoPhoto or its
subsidaries and licensors and are protected by United States Copyright
laws, international treaty provisions and other applicable laws.
No title or intellectual property rights in the Digital Media Files
is transferred to you. StockVideoPhoto and its parent company VIP
Studios retains all rights not expressly granted by this license
Agreement.
Liability
StockVideoPhoto 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 Digital Media Files. LICENSOR'S
ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE no more than
the amount paid for the particular Digital Media Files. Your rights
may vary from state to state.
Breach of Agreement
You agree to indemnify and hold StockVideoPhoto and its subsidaries
harmless from and against any damages or liability of any kind arising
from your use of the Digital Media Files in any form, any breach
of the terms and conditions of this Agreement, or your negligent
act, omission or willful misconduct. 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. All license rights granted pursuant to this
Agreement shall automatically terminate upon your breach of this
Agreement.
Warranty
StockVideoPhoto warrants The Digital Media Files to be free from
defects in material and workmanship for 90 days from delivery. Your
sole and exclusive remedy for a breach of this warranty is the replacement
of The Digital Media Files, applicable media or a refund of the
purchase price, at the option of stockvideophoto.com. STOCKVIDEOPHOTO.COMMAKES
NO OTHER WARRANTIES OR REPRESENTATIONS WITH REGARD TO THE DIGITAL
MEDIA FILES AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT ARE HEREBY DISCLAIMED.
Amendments
StockVideoPhoto reserves the right to amend this agreement at any
time.
Enforceability
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.
Venue
This Agreement will be governed by the laws in force in the State
of Washington, USA.
Subsidaries
These include but not limited to VIP STUDIOS, XSTREEM.NET and VIP
PRODUCTIONS.
|
