NON-EXCLUSIVE STOCK FOOTAGE LICENSE AGREEMENT
NOTICE
BY USING ANY Skytimelapse PRODUCT ("Digital Media Files"),
WHETHER VIA DOWNLOAD, ON CD ROM, DVD OR OTHER MEDIA, 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 UNDER
THIS AGREEMENT.
Definitions
Digital Media Files are any images, animations, films, videos
or other audio/visual representations recorded in any format that are
controlled by or obtained, directly or indirectly, from Skytimelapse.com,
it's owner.
Royalty Free indicates that aside from the purchase price, no
further fees or compensation is due regardless of how many times the
Digital Media files are used or how many projects they are used for.
Restrictions indicate the specific uses for the Digital Media Files
that are NOT allowed and are exceptions to the grant under this
agreement.
Grant Of License
You are granted a non-exclusive, non-transferable Royalty Free license
to use and modify the Digital Media Files subject to the following
terms and conditions:
General Use Grant
The Digital Media Files may be incorporated into a derivative work
such as a film feature, video, broadcast, multimedia, advertisement,
live performance, internet, presentation, and most non-retail print projects. However,
the Digital Media Files in whole in any derivative work
thereof may not be licensed, reproduced, distributed or
displayed as templates or stand-alone backgrounds without our
consent. These terms apply even if
the Digital Media Files have been significantly altered.
Restrictions When Incorporating Skytimelapse Footage In A
Product For Resale &Non-competition clause
In cases when the Digital Media Files 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:
When being resold, the Digital Media Files may not comprise more than 25% of length of
the finished work, even if the Digital Media Files are layered with
other graphics, nor may the primary value of the product come from the
Digital Media Files when being resold.
The Digital Media Files may
not be resold in competition with SkyTimeLapse.com and it's owner in any environment,
including (but not limited to): the internet, trade shows, and any
other venue which could be interpreted as competitive with
SkyTimeLapse. Additionally, you agree to take
all steps possible to prevent any third party from duplicating or
distributing any of the Digital Media Files included in the finished
work. Please note that special licensing to obtain additional rights
is available by contacting Skytimelapse.
No Defamatory Use The Digital Media Files may not under any
circumstances be used in a way that would defame, malign, slander,
asperse, libel, or vilify the persons, property, countries, races,
customs, cultures, religions, governments or military visible on the
Digital Media Files.
Other Restrictions
The Digital Media Files may not under any circumstances be used in or
in conjunction with, or as part of obscene, fraudulent,
libelous,
infringing, or material containing actual unlawful events/intellectual
property.
Copyright
All Digital Media Files are copyright Skytimelapse or its 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 are transferred to you.
Skytimelapse Retains all rights not expressly granted by this license
Agreement.
Liability
Skytimelapse 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.
Breach of Agreement
You agree to indemnify and hold Skytimelapse 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/refunds
Skytimelapse 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 Skytimelapse. Skytimelapse MAKES 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.
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
Oregon, UNITED STATES OF AMERICA
