Royalty Free Content License Agreement
- Grant of Royalty Free License to the Content Subject to the terms of this Agreement, you are granted a non-exclusive, non-transferable, royalty free license to use, reproduce, create derivative works, perform and distribute the Content as part of another work in any medium. Anything you produce using the Content 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. As used in this Agreement, Content means, collectively, any digital assets, images, animations, films, videos or other audio/visual representations recorded in any format that are controlled by or obtained, directly or indirectly, from MotionElements. Royalty Free indicates that aside from the license purchase price, no further fees or compensation is due regardless of how many times the Content is used by you or how many projects it is used for.
- Single User Web Site License The Content may only be or used on one computer at any one time. Except as provided in this paragraph, you may not use, rent, lease, lend, sell or sublicense the Content to another person, company or other entity. Please contact MotionElements for a multi-seat site license if you need to use the Content over a network for multiple users or to share with other locations of your company.
- Payment All Content sales are final and cannot be returned. Refunds if any are based strictly on our Sales Policy, given at the sole discretion of MotionElements. Prices, offers and products are subject to availability and may change. We do not accept orders from anyone under 18 or who does not have capacity to form a contract under their own local laws.
- Termination of License If you do not comply with the terms and conditions of this Agreement, then this Agreement and the Licenses granted will automatically terminate and you and any of your end-users must cease using any Content immediately.
- Revocation of License Licensee represents and warrants that nothing contained in the Programming or the context in which the Digital Asset is used will be in any way derogatory or defamatory to MotionElements or any person or entity connected with the production of the Digital Asset or depicted therein. Licensee must not use the Content in any way that: (a) advertises, promotes, or expresses or implies endorsement of pornographic or illegal products, services, or subject matter. Licensee or any third party, cause, belief, product or service by any individual appearing or otherwise included or referenced in the Digital Asset (whether by name, likeness, voice, performance or otherwise), Notwithstanding anything to the contrary contained herein, in no event shall the Digital Asset be used in or in connection with a lottery, game of chance or any other type of gambling or wagering activity, or in or as part of any audiovisual production marketed, advertised, distributed or sold as part of or in association with any of the foregoing. Licensee acknowledges and agrees that it shall be solely responsible for obtaining any and all necessary rights, licenses, releases or waivers permitting Licensee to use: (i) the music, announcer calls, or any other material contained in the Content, (ii) the performance of any individual appearing or contained in the Content, and (iii) any other third party rights requiring clearance that are not specifically licensed hereunder.
- Condition of Content You should examine all Content for possible defects (whether digital or otherwise) before purchasing or using it. MotionElements shall not be liable for any loss or damage suffered by you or any third party, whether directly or indirectly, arising from any alleged or actual defect in any Content or its caption or in any way from its reproduction.
- Unauthorized Use Any use of Content by you or your customers in a manner not expressly authorized by this Agreement or in breach of a term of this Agreement constitutes copyright infringement, entitling MotionElements to exercise all rights and remedies available to it under copyright laws around the world. You shall be responsible for any damages resulting in a breach and from any breach or copyright infringement, including any claims by third parties. In addition and without prejudice to MotionElements’s other remedies under this Agreement, MotionElements reserves the right to charge and you agree to pay a fee equal to five times MotionElements’s then-current normal license fee for use of the Content.
- Taxes and Duties You are responsible for paying an applicable taxes and duties in addition to the price shown on MotionElements’s web site.
- License Restrictions
- You are not allowed to sub-license, sell, rent, lease, resell, redistribute or provide to others any portion of the Content or its accompanying materials. The Content may not be shared by creating a database, disc library, image storage jukebox, network configuration or similar arrangement. The Content may not, in whole or in part, and any derivative work thereof may not be used, sold, licensed, reproduced, distributed or displayed as templates, stand-alone backgrounds, stock elements 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. You may not post any Content on any electronic bulletin board, put it on-line in a downloadable or FTP format.
- You may not use the Content in any way that might be considered defamatory, libelous, obscene, immoral or illegal. This includes the use of the Content for pornographic purposes. The Content 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 Content. Content shall not be incorporated into a logo, trademark or service mark. All copyrights, trademarks and service marks remain the exclusive property of the trademark or service mark proprietor. If there are any incidental trademarks or logos contained in the Content, you may not alter these items or use them in any way which implies an association with or an endorsement by the owner(s) of such trademarks, and the inclusion of these incidental trademarks in the Content does not in any way imply such association with or endorsement of this Content.
- Any music which may be included with the Content is ambient sound only. It was not recorded and is not compressed in a format suitable for any other use, and MotionElements authorizes no use. Additionally, audio to certain performance sections may require additional clearances from any performer. MotionElements authorizes no use of copyrighted music or performances.
- If any Content featuring a model is used in (i) a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service; or (ii) in connection with a subject that would be unflattering or controversial to a reasonable person, you must accompany each such use with a statement that indicates that the person so pictured is a model and is used for illustrative purposes only.
- Content shall not be used contrary to any restriction on use that is notified to you prior to or at the time the Content is delivered to you. Such restrictions may be included in the information provided with the Content on MotionElements web site or in any other communication by MotionElements. Any such restriction provided to you shall be incorporated in this Agreement.
- The Content is strictly prohibited from being used as screen savers.
- Upon notice from MotionElements, or upon your knowledge that any Content is subject to a threatened or actual claim of infringement, violation of another right, or any other claim for which MotionElements may be liable herein, or if MotionElements withdraws any Content for any good reason, you will physically remove the Content from its premises, computer systems and storage (electronic or physical) and, if possible, cease any future use at its own expense. MotionElements shall provide you with comparable Content (which comparability will be determined by MotionElements in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.
- Special licensing to obtain additional rights is available by contacting MotionElements.
Language of the Terms Where MotionElements has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with MotionElements.
If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.