STANDARD STOCK FOOTAGE CONTENT LICENSE
The Standard Stock Footage License Agreement governs the terms by which a licensee may obtain the right to use content provided by Vadim Tereshchenko (“Producer”). The Standard Stock Footage Content License Agreement is a contract between ___________________________ (“Licensee”) and Producer.
Rights and Obligations:
This document affects your rights and obligations. By purchasing a Standard Stock Footage License for the selected Content you accept and agree to this Agreement either for yourself or on behalf of your employer or the entity that is identified as the Licensee, and agree to be bound by its provisions. If you are accepting on behalf of your employer or the entity that is identified as the Licensee, you represent and warrant that you have full legal authority to bind your employer or such other entity. If you do not have such authority or you do not accept or agree with these terms, do not sign this Agreement.
(a) “you” or the “Client” means you or, if you are accepting on behalf of your employer or member account entity, then “you” means that employer or entity and affiliates;
(b) “Producer” or “we” means Producer;
(c) “Content” means any multi-media data type, including but not limited to film or video footage, animation, photographic image, illustration, Flash file, visual representation generated optically, electronically, digitally or by any other means or in any media or other material that you are downloading from the Site, together with any accompanying material shared with you on any cloud sharing service.
The Video Media (Multi-Use) License grants you, the Licensee, an ongoing, non-exclusive, commercial, worldwide license to make use of the video content Item(s) you have selected on the following terms.
You are licensed to use the Content Item(s) to create multiple End Products that incorporate the Item(s) as well as other things, so that each End Product is larger in scope and different in nature than the Item.
You can make any number of copies of each End Product. You can distribute an End Product through multiple media, and you can make it available online to an unlimited number of viewers.
You can modify or manipulate the Item, or combine the Item with other works, to suit each End Product. The resulting works based on the Item are subject to the terms of this license. You cannot claim ownership to the Item, whether it’s in original form or altered under this clause.
PERMITTED SCOPE OF USE; RESTRICTIONS ON USE:
Any distribution other than:
Large Budget TV
Large Budget Movie
Max of 10,000,000 impressions
Ad/Marketing budget of less than $100,000
Any other Use not identified as a Restricted Use
No redistribution rights except as included in End Product
Things you can't do with the item:
You can’t redistribute the Item as a video clip, as stock, in a tool or template, or with source files. You can’t do this with an Item either on its own or bundled with other items, even if you modify the Item. You also can’t re-distribute the Item as-is or with superficial modifications. Examples: You can’t modify a video clip and distribute it as part of a VJ loop pack. You can’t simply stylize or recolor a video and sell it as your own.
You can’t use the Item in any application allowing an end user to customize a digital or physical product to their specific needs, such as an “on demand”, “made to order” or “build it yourself” application. Examples of “on demand”, “made to order” or “build it yourself” applications: online video or animation rendering services, “create your own” slideshow apps, and e-card generators.
You can’t use the Item (or still images extracted from it) for merchandising, which means an End Product where the primary value of the product lies in the Item itself. Examples: screensavers, e-cards, still images used in physical products like t-shirts and calendars.
You must not permit an end user to extract the Item and use it separately from an End Product. You can’t claim trademark or service mark rights over the Item within an End Product.
Other license terms:
You can only use the Item for lawful purposes. Also, you can’t use Item in connection with defamatory, obscene or demeaning material, or in connection with sensitive subjects.
You must not use the Item in violation of any export laws that apply to you.
This license can be terminated if you breach it and don’t remedy the breach. If termination happens, you must stop using the Item, which includes no longer making copies of or distributing End Products until you remove the Item from them. This license can also be terminated for only the End Products to which a breach relates (rather than all End Products). In this case, this clause applies only to those End Products.
The author of the Item retains ownership of the Item(s) but grants you the license on these terms. You can’t claim ownership of the Item, even if modified, for example through content identification systems. Example: if you use a video clip synced in your video, you can’t claim rights to the video clip (through applying “ContentID” or similar systems to the video clip).
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF PRODUCER AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND PRODUCER, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND PRODUCER RELATING TO THE SUBJECT OF THIS AGREEMENT.