Footagehouse License
Agreement - Please Read Carefully
1. All orders must be paid in full by VISA,
MasterCard, or American Express prior to shipping.
2. All sales are final. Media with material
defects will be replaced at our expense.
3. A $50.00 Tape Stock & Transfer Fee is
applicable to all orders.
4. While we will make every possible effort
to deliver your order in a timely fashion, we can not be held responsible for
delays that occur during shipping.
Because footage cannot be returned, we would
like to do everything possible to ensure that our product will serve your needs
before you place your order. Every effort has been made to ensure high quality
demo videos on our web site. In addition to the previews on the web site, VHS
preview tapes can be ordered. Please contact Sales for more information at (920)
336-8937 or via e-mail at
info@footagehouse.com.
End-User License Agreement
This End User License Agreement [hereinafter
EULA] is a legal agreement between you and Footagehouse. By using any Media Files from
Footagehouse, you agree to be bound by
the terms and conditions of this EULA. If you do not accept any term or
condition of this EULA, you must immediately destroy the Media File or
immediately return it to Footagehouse.
1. Definitions
“You” means any person or entity. If you
are using a Media File as part of your employment by another person or an
entity, you means both you and your employer. If you stop working for your
employer, your rights under this EULA may terminate but the rights of your
employer shall continue in full force and effect.
“Media Files” are any images, films, and
videos, including any extract or portion thereof, in any format that are owned
or controlled by Footagehouse.
“Royalty Free” means that, apart from the
original licensing fee, no future fee or compensation will become due to
Footagehouse provided that the Media Files are used only by a single user in
accordance with the terms and conditions of this EULA.
“End-User” means the person or entity for
whose use the Media File or any derivative product is ultimately intended.
2. Grant of License
You are granted a limited, non-exclusive,
and non-transferable Royalty Free license to use and modify the Media Files
subject to the terms and conditions of this EULA.
3. Single User License
A Media File may only be modified or used on
one computer at any one time. You may not rent, lease, lend, sell or sublicense
Media Files to another person or entity. You may make one copy of the Media File
for your back up or archival purposes, provided you keep the copy only for back
up or archival purposes. Any derivative product you create using a Media File
must be for use by you, your employer, your client, or your customer, who must
be the end-user of your work.
This is not a concurrent use license. Please
contact Footagehouse for a multi-user license if you need to use a Media File over
a network for multiple users.
4. General Use Grant
A Media File may generally be used and
incorporated into any derivative work such as a film, video, website,
advertisement, live performance, or presentation.
5. Restrictions on
Products for Resale
No Media File or any derivative work using
or incorporating a Media File may be used, sold, sublicensed, reproduced,
distributed, displayed, incorporated into or otherwise made available as a
screensaver, template, background, stock element, effects imagery, or file
intended for download. Neither the Media File nor any derivative work using or
incorporating a Media File may be included in any library, collection, or set of
clips for distribution or resale. If the derivative work is made available to
the public, you agree to take reasonable steps to prevent any third party from
duplicating or distributing any Media File included in the derivative work and
to notify Footagehouse in writing of the steps taken to prevent unauthorized use.
These Restrictions apply even if the Media File has been significantly altered.
A Media File may not comprise more than 25%
of the length of any derivative work, even if the Media File is layered with
other graphics, nor may the primary value of the product come from one or more
Media Files as defined in this EULA.
6. No Defamatory Use
No Media File may, under any circumstance,
be used in a way to defame, malign, slander, asperse, libel, or vilify the
persons, property, countries, races, customs, cultures, religions, governments
or military depicted in the Media File.
7. No Implied Association
or Endorsement
If a Media File contains any incidental
trademark, you may not alter the Media File or use the Media File or any portion
of the Media File in any way to imply an association with or an endorsement by
the owner of such trademark. The inclusion of an incidental trademark in any
Media Clip does not imply an association with or endorsement of this Media File.
All trademarks remain the exclusive property of the holder of any such
trademark.
If a recognizable person or talent is
depicted in any Media File, your use of the Media File or any derivative work
using or incorporating the Media File for commercial purposes may infringe a
right of privacy or publicity. Any appearance of any recognizable person or
talent in a Media File is incidental; therefore, if the intended use of the
Media File or your derivative work is commercial in nature, permission should be
obtained from the recognizable person or talent. You may not alter the Media
File or use the Media File or any portion of the Media File in any way to imply
an association with or an endorsement by any person depicted in the Media File.
If you intend to use the Medial File or your derivative work for commercial
purposes, you must obtain permission from the recognizable person if the
proposed use of material could be viewed as a commercial exploitation.
Audio included in any Media File is ambient
in nature and is not intended for any use. Any recognizable voice or musical
composition included in a Media File is incidental. Footagehouse provides no
license or authorization to use any audio contained in any Media Files. You may
not alter the Media File or use the Media File or any portion of the Media File
in any way to imply an association with or an endorsement by the speaker or
author of any musical compilation contained in the Media File. If you intend to
use the Media File or your derivative work for commercial purposes, you must
obtain permission from the speaker or author of the musical compilation if your
proposed use of such audio could be viewed as a commercial exploitation. If you
intend to use the Media File for communicative and constitutionally protected
media purposes (i.e. reporting facts of historical significance), then such uses
will generally be considered not to infringe such personal rights.
8. Other Restrictions
No Media File may, under any circumstance,
be used in or in conjunction with, or as part of pornographic, obscene,
fraudulent, libelous, infringing or illegal material. You may not reverse
engineer, decompile, or disassemble a Media File under any circumstance.
9. Credit
When incorporating any Media File in any
derivative work, you must include the Footagehouse copyright notice in the
derivative work or in the case of feature films and the like, include a credit
line that reads "Additional Footage by FootaghouseHD.com."
10. Marketing and
Promotion
By using a Media File, you grant
Footagehouse
the right to display any derivative work using or incorporating such Media File,
in any reasonable marketing, educational, and/or promotional purpose as an
example of customer usage. Upon receipt of your written request,
Footagehouse
will identify you as the author of such derivative work.
11. Ownership
All right, title and interest in the Media
File, including any updates or revisions thereto, remains the exclusive property
of Footagehouse, its licensors and their successors and assigns. Other than the
limited license explicitly set forth in this EULA, you have no further or
additional interest in, right, or license to any Media File. Nothing contained
in this EULA is intended to imply a transfer of any interest in, right, or
license to any Media File. All rights of any kind in the Media File which are
not expressly granted to you by this EULA are entirely and exclusively reserved
to and by Footagehouse.
12. Limitation on
Liability
Footagehouse will not be liable to you for any
general, special, direct, indirect, consequential, incidental, or punitive
damages (including, without limitation, damages for loss of profits, business
interruption, loss of business information, or any other pecuniary loss) arising
out of your use of or inability to use any Media File. Footagehouse's entire
liability and your exclusive remedy shall be limited to the amount you paid for
the particular Media File.
13. Term and Termination
This EULA shall be effective on the date you
first download, install or use, a Media File and shall continue in effect until
terminated. Any violation of the terms of this EULA shall be considered
material. All license rights granted pursuant to this EULA shall automatically
terminate upon your breach of this EULA. Your rights under this EULA shall
immediately terminate upon your cessation of business, insolvency, assignment of
assets, bankruptcy, or appointment of a trustee for all or any portion of your
assets. Upon termination of this EULA for any reason, you shall immediately
cease all use of any Media File in your possession and immediately destroy all
copies of the Media File or return the Media File to Footagehouse.
14. Warranty
Footagehouse warrants all Media Files to be
free from defects in material and workmanship for ninety (90) days from date of
delivery. Your sole and exclusive remedy for a breach of this warranty is the
replacement of the Media File. To the maximum extent permitted by law,
Footagehouse expressly disclaims all other warranties or representations with
respect to the Media File and all implied warranties of merchantability or
fitness for a particular purpose.
15. Severability
If any term or provision of this EULA is
invalid or unenforceable, the remainder of this EULA shall not be affected
thereby. Each term and provision of the EULA shall be valid and enforced to the
fullest extent permitted by law.
16. Applicable Law,
Jurisdiction, and Venue
This EULA shall be governed by and construed
in accordance with the laws of the State of Nevada, without regard to Nevada
conflict of laws principles. You and Footagehouse agree that any claim asserted in
any legal proceeding by you or Footagehouse against the other shall be commenced
and maintained exclusively in a state or federal court located within Clark
County, Nevada, having subject matter jurisdiction with respect to the dispute
between the parties (except that a judgment by such courts may be enforced by
any court). Both you and Footagehouse hereby submit to the jurisdiction of such
courts over each of them personally in connection with such litigation, and
waive any objection to venue in such courts and any claim that such forum is an
inconvenient forum.
17. Injunctive and
Equitable Relief
You agree that the remedy at law for any
breach or threatened breach of this EULA by you would, by its nature, be
inadequate, and that in addition to any available remedy at law, Footagehouse will
be entitled to equitable relief, including but not limited to a restraining
order, temporary injunctive relief, permanent injunctive relief, and/or specific
performance.
18. Assignment
You may not assign or otherwise transfer
this EULA or any of your rights hereunder without the prior written consent of
Footagehouse. A transfer of controlling interest in any entity shall constitute an
assignment.
19. Entire Agreement
This EULA is the entire agreement between
you and Footagehouse with regard to all use of any Media File. This EULA
supersedes all prior agreements, understandings, or representations with respect
to the Media File. This EULA may not be modified or amended except in a writing
signed by both parties. Any and all terms on your purchase order are expressly
disclaimed and shall be given no force or effect.
This product is offered for sale to the U.S.
Government with Restricted Rights as set forth in DFARS 252.227-7013 and 48 CFR
52.227-19.
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