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LICENSE AGREEMENT |
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THIS IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY) AND SECRETDREMAER, AND ITS SUBSIDIARIES AND AFFILIATES (“SECRETDREMAER”). BY INSTALLING OR USING THE DIGITAL MEDIA FILES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, REMOVE THE PRODUCT FROM YOUR HARD DRIVE AND PERMANENTLY ERASE ALL COPIES OF THE DIGITAL MEDIA FILES. DIGITAL MEDIA FILES MAY NOT BE RETURN FOR CREDIT AS PROOF OF NON USE CANNOT BE SUPPLIED.
Definitions
“Digital Media Files” are any videos, images, animations, animations or any other audio/video content recorded in any format that are owned by SECRETDREMAER.
“Royalty Free” means a one-time paid license that includes unlimited use of the Digital Media Files in your projects provided that they may be used by only a single user in accordance with the terms of use and conditions of this Agreement. SECRETDREMAER and its affiliates, suppliers and licensors retain all rights not expressly granted.
“Comp Usage” means the use of watermarked Digital Media Files also known as “Preview Files” on SECRETDREMAER and defined as the creation of a temporary test use, rough layout or comprehensive rendering of a proposed work for client review, internal company review or testing. The Digital Media Files may not be used in any materials distributed or accessible to the public or in any final product or use, including, without limitation, any online or other electronic distribution system (except you may transmit comps digitally or electronically for their review) and may not be sold or sublicensed alone or as part of any product. You are granted the non-exclusive and non-transferable right to use Digital Media Files for Comp Usage for a period not to exceed sixty (60) days.
SECRETDREMAER DIGITAL MEDIA FILES LICENSE
GRANT OF LICENSE. This Agreement grants you a limited, nonexclusive, personal and nontransferable Royalty Free license to use and modify the Digital Media Files. This License does not constitute a sale of the Digital Media Files. You are granted the use of the Digital Media Files on a single computer/workstation. The Digital Media Files is “in use” on a computer when it is loaded into the temporary memory (i.e., RAM or Cache) or installed into permanent memory (e.g., hard disk, CD-ROM drive, or other storage device) of that computer. The Digital Media Files may only be modified or used on one computer at any one time. You may store the Digital Media Files in a digital library, network configuration or similar arrangement to allow the Digital Media Files to be viewed by your employees, partners and clients but under no circumstance may the Digital Media Files ever be used by more than a single users unless a separate seat license is purchased for each additional user, before such additional use begins.
PERMITTED USES. The Digital Media Files may be incorporated into a derivative work such as print publications and physical products, advertising and promotional materials, broadcast and theatrical exhibitions, and electronic publications. If derivative works are reproduced and/or delivered in electronic format over the Internet, the Digital Media Files must not comprise of 25% of the finished derivative work nor may the primary value of the finished derivative work originate from the Digital Media Files. Reproductions of derivative works would include and not be limited to works that are sold, made for re-sale, given away, digitally distributed, or uploaded to internet video websites.
PROHIBITED USES. The Digital Media Files may NOT be:
(I) used as part of a trademark, service mark, or logo.
(II) used in any way that could be considered defamatory, pornographic, libelous, immoral, obscene or fraudulent, or illegal, either by making physical changes to it, in the juxtaposition to accompanying text or images, or otherwise.
(III) sold, sublicensed, reproduced, distributed, displayed, incorporated into or otherwise made available as templates, standalone backgrounds, stock elements, effects imagery elements or downloadable files.
(IV) included in any other clipart or stock file product, library, collection, or set of clips for distribution or resale whether or not if Digital Media Files have been significantly altered.
(V) used as screensavers (whether computer or tv based). Use of Digital Media Files as screensavers will require an additional license from SECRETDREMAER. Please contact SECRETDREMAER for more information.
LIMITATION OF LIABILITIES. IN NO EVENT WILL SECRETDREMAER OR ITS AFFILIATES, SUPPLIERS AND LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, COVER, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE DIGITAL MEDIA FILES, WITHOUT LIMITATION, DAMAGES OR COSTS RELATING TO THE LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, TIME OR COMPUTER PROGRAMS, COMPUTER HARDWARE OR CD-ROM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SECRETDREMAER AND ITS AFFILIATES’, SUPPLIERS’ AND LICENSORS’ LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE DIGITAL MEDIA FILES REGARDLESS OF THE FORM OF THE CLAIM (INCLUDING, WITHOUT LIMITATION, ANY CONTRACT, PRODUCT LIABILITY, OR TORT CLAIM). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
ENTIRE AGREEMENT. This entire Agreement dated February 10th, 2010 supersedes all prior agreements, understandings, or representations with respect to the Digital Media Files. This Agreement may not be modified or amended except in a writing signed by you and SECRETDREMAER.
Copyright (c) 2012 SECRETDREMAER. All trademarks and registered trademarks are the property of their respective owners.
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