Phoenix Clips also known as phoenixclips.com
STOCK FOOTAGE LICENSE AGREEMENT
BY USING ANY PHOENIX CLIPS VIDEO, AUDIO, OR PHOTO PRODUCT
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
The Stock Footage 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 Phoenix Clips.
GRANT OF LICENSE
Upon use of the Stock Footage Files, you are granted a
non-exclusive, non-transferable license to use and modify the
Stock Footage Files subject to the following terms and conditions:
SINGLE USE OF LICENSE
The Stock Footage Files may only be modified or used in unmodified
form, on one computer or editing system at any one time. You may
not rent, lease, lend, sell or sublicense the Stock Footage Files to
another person, company or other entity. Anything you produce using
the Stock Footage 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.
NON-RETAIL USES
The Stock Footage 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 Stock
Footage 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 Stock Footage
Files have been significantly altered.
RETAIL PRODUCTS
Copies of works (DVDs, Home Videos, Music Videos, Training
Videos, etc.) incorporating the Stock Footage Files may be
reproduced, sold and distributed with the following limitations: The
Stock Footage Files may not comprise more than 25% (by length or
number) of the total imagery used in the finished work, nor may
the primary value of the product come from the Stock Footage Files.
Additionally, you agree to take all steps necessary 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
Phoenix Clips . In addition, Phoenix Clips kindly requests
a credit line that reads "Phoenix Clips." Credit is not manditory.
MARKETING & PROMOTION
Unless Phoenix Clips receives written notification from you to the
contrary, you hereby grant Phoenix Clips the right to display any
derivative works within your possession or control that incorporate
one or more of the Stock Footage Files at tradeshows, in collateral,
and/or via electronic distribution for Phoenix Clips marketing,
educational, and promotional purposes as examples of customer
usage. At your request, Phoenix Clips will identify you as the
author of such derivative work.
SPECIAL LIMITATIONS
The Stock Footage 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 Stock Footage Files are copyright Phoenix Clips 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 Stock Footage Files is transferred to you. Phoenix Clips
retains all rights not expressly granted by this license Agreement.
LIABILITY
Phoenix Clips 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 Stock Footage
Files. Licensor's entire liability and your exclusive remedy shall be
no more than the amount paid for the particular Stock Footage
Files. Your rights may vary from state to state.
BREACH OF AGREEMENT
You agree to indemnify and hold Phoenix Clips harmless from
and against any damages or liability of any kind arising from your use
of the Stock Footage 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
Phoenix Clips warrants The Stock Footage 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 Stock Footage Files or applicable media at the option of Phoenix Clips.
ALL SALES ARE FINAL.
PHOENIX CLIPS MAKES NO OTHER WARRANTIES OR
REPRESENTATIONS WITH REGARD TO THE STOCK FOOTAGE FILES
AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT ARE
HEREBY DISCLAIMED.
AMENDMENTS
PHOENIX CLIPS 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.
Please print this end users agreement and keep for your records.