Final Light - License Agreement
.....The
proceeding License Agreement has been updated as of June 11, 2016
and replaces and overrides any and all other license agreements
associated with Final Light products before the above date.
In employing the use of any Final Light
products, you automatically agree to be bound by the terms set
by this agreement. Some of our users may be entering into this
agreement on behalf of another party. If this be the case, the
user and the other party are obligated to abide by the rules and
limitations of this agreement. This does not cease to be the case
if you end representation of that other party, such as ending
employment by your employer, at such time your employer will continue
to operate under this agreement.
Terms and Definitions: A Visual Effects
Toolkit refers to, but is not limited to, any images,
clips, films, videos, animations, or footage that is created,
controlled, or acquired by Final Light Productions. When we say
Royalty Free we are assuring you that after the set purchase
price, you will not be asked to pay any further charges pertaining
to single or multiple use of the purchased product. Limitations
and Restrictions refer to the specific uses of Final Light
products that are unauthorized and NOT allowed by Final Light
Productions, and are exceptions to the grant set forth by this
agreement.
Grant of License: You are being granted
a nontransferable, non-exclusive and Royalty Free right to use
and alter the Visual Effects Toolkits, to which the following
terms and conditions apply:
Single
User License: The Visual Effects Toolkits, edited or used in unedited
form, on one computer at any one time. You may not sell, rent,
lease, loan, or sub-license the Visual Effects Toolkits to another
person, company, or party. Any material produced using the Visual
Effects Toolkits must be for your own use or employer, whereby
the end-user of your work must be yourself, your employer, client,
or customer.
Multi-seat or Site License: The Visual Effects Toolkits, edited
or used in unedited form, on 5 or more network-based or single
computers within the same company. You may not sell, rent, lease,
loan, or sub-license the Visual Effects Toolkits to another person,
company, or party. Any material produced using the Visual Effects
Toolkits must be for the company's own use and not for individual
use outside the company, whereby the end-user of your work must
be either your company, employer, client, or customer.
Allowed General Use: Visual Effects Toolkits
may be used in projects such as feature film, multimedia, internet,
broadcast, commercials, live performance, video, advertisement,
printed projects, or presentations. The Visual Effects Toolkits
in whole or in part, and any derived work thereof may not be used
in any way as templates, stand-alone backgrounds, stock elements
or effects imagery elements, made available as downloadable files
or included in any other stock footage product, library, collection,
or set of clips for distribution or resale, regardless of whether
the Visual Effects Toolkits have been drastically altered. All
customized visual effects created by Final Light fall under this
same agreement, and, unless otherwise agreed upon in writing,
Final Light remains the author and owner of such effects, and
reserves the right to include them for sale in existing or future
Toolkits or for individual purchase.
Restrictions: In cases when the Visual
Effects Toolkits 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: The Visual
Effects Toolkits may not comprise more than 25% of length of the
finished work, even if the Visual Effects Toolkits are layered
with other graphics, nor may the primary value of the product
come from the Visual Effects Toolkits. The Visual Effects Toolkits
are strictly prohibited from being used as screen savers. Additionally,
you agree to take all steps possible to prevent any third party
from duplicating or distributing any of the Visual Effects Toolkits
included in the finished work. Please note that special licensing
to obtain additional rights is available by contacting Final Light
Productions.
Other
Restrictions: The
Visual Effects Toolkits may not under any circumstances be used
in or in conjunction with, or as part of pornographic, obscene,
fraudulent, libelous, infringing, or illegal material.
Credit:
When incorporating the Visual Effects Toolkits in feature films,
broadcast, or video products, Final Light Productions kindly requests
a credit line that contains information as follows: "Final Light
- Visual Effects Stock Footage" or "Visual FX Stock
Footage provided by Final Light Productions".
Marketing
and Promotion: Unless Final Light Productions receives written
notification from you to the contrary, you hereby grant Final
Light Productions the right to display any derivative works within
your possession or control that incorporate one or more of the
Visual Effects Toolkits at tradeshows, in collateral, and/or via
electronic distribution for Final Light Productions marketing,
educational, and promotional purposes as examples of customer
usage. At your request, Final Light Productions will identify
you as the author of such derivative work.
Copyright:
All Visual Effects Toolkits are copyright Final Light Productions
or its licensers and are protected by United States Copyright
laws, international treaty provisions and other applicable laws.
No title or intellectual property rights in the Visual Effects
Toolkits are transferred to you. Final Light Productions retains
all rights not expressly granted by this license agreement.
Liability:
Final Light Productions 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 Visual
Effects Toolkits. Licenser's entire liability and your exclusive
remedy shall be no more than the amount paid for the particular
Visual Effects Toolkits. Your rights may vary from state to state.
Breach
of Agreement: You agree to indemnify and hold Final Light Productions
harmless from and against any damages or liability of any kind
arising from your use of the Visual Effects Toolkits in any form,
any breach of the terms and conditions of this Agreement, or your
negligent act, omission or willful misconduct. All license rights
granted pursuant to this Agreement shall automatically terminate
upon your breach of this Agreement.
Warranty:
Final Light Productions warrants the Visual Effects Toolkits 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 Visual Effects Toolkits, applicable
media, or a refund of the purchase price, at the option of Final
Light Productions. Final Light Productions makes no other warranties
or representations with regard to the Visual Effects Toolkits
and any implied warranties of merchantability, fitness for a particular
purpose, title or non-infringement are hereby disclaimed.
Agreement
Changes: Final Light Productions 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.
Venue:
This Agreement will be governed by the laws in force in the State
of California, USA.
.....If
you have any questions or concerns regarding any aspect of our
License Agreement, we invite you to contact
us.
|