Content Licensing Agreement
FLUXVFX CONTENT LICENSE AGREEMENT
This Content License Agreement (this “Contract”) governs the terms by which you (“You” or “Your”) obtain the right to download and use project files, footage, and supporting documents such as photos or original artwork and instructional material (collectively such downloaded information is referred to as “the Content”).
General Information Regarding this Contract
By purchasing and downloading the content you agree to this contract and are bound by its terms. If You are accepting on behalf of Your company or employer, You represent and warrant that You have full legal authority to bind Your company or employer. Nothing herein shall be construed to constitute the parties hereto joint ventures, nor shall any similar relationship be deemed to exist between them. All purchases are final.
Upon Your acceptance of this Contract and Our receipt of payment from You, We grant to You a perpetual, non-exclusive, non-transferable worldwide license to use the Content. All copyright and other intellectual property rights relating to the Content, are retained by Us or the producer of the Content.
i. You may use the Content in multiple productions for as many clients as you like and may reproduce and distribute the item containing the Content an unlimited number of times. For example, using the template for a TV show series where the template may be changed for each episode. The Content may be used for any project, including feature films, broadcast, commercial, industrial, educational video, multimedia, and the internet.
i. Distribution of the Content or any of it’s components for profit on websites involving the sale of stock footage, stock animations, or royalty-free After Effects files.
ii. Distribution of the Content on peer-to-peer, shareware, link sharing websites is STRICTLY PROHIBITED.
iii. Transferring or distributing the rights granted under this Contract;
iv. Use of the Content in a way which could be considered obscene, immoral, infringing, defamatory or libelous in nature, or that could be reasonably likely to bring any person or property reflected in the Content into disrepute;
v. FluxVFX template files may not be used for stand-alone oftware or websites that automatically generate videos or graphics without explicit written consent from FluxVFX. For information and prices for extended licensing of the Content, contact support.
Term of Contract
This Contract is effective until it is terminated. If You terminate this Contract You must destroy or delete the Content along with any copies or archives of it and cease using the Content for any purpose. This Contract and all of Your rights under it terminates automatically without notice if at any time You breach any of its terms. You must, if requested, confirm to Us in writing that You have complied with these requirements and provide any proof thereof requested by Us.
This Contract can be amended at any time by posting an amended contract on the website. Your only recourse, if You are not agreeable to the amended contract is to terminate this Contract and cease use of the Content. Otherwise, You will be bound by the terms of the amended contract.
Limitation of Warranties and Liability
THE CONTENT IS PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU. SHOULD THE CONTENT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY CORRECTIONS.
You hereby agree to indemnify and hold FluxVFX harmless against all liability, cost, loss, expense (including reasonable attorney’s fees) or damages paid,incurred or occasioned by any claim, demand, suit, settlement, or recovery against FluxVFX, without limitation, arising out of the breach or claim of breach of this Contract; the use of the Content; and for any alleged defects in the Content. You hereby consent to submit to the personal jurisdiction of any court, tribunal or forum in which an action or proceeding is brought involving a claim to which this foregoing indemnification shall apply.
If FluxVFX is obligated to go to court or arbitration to enforce any of its rights, or to collect any fees, You agree to reimburse FluxVFX for its legal fees, costs and disbursements if FluxVFX is successful.
FluxVFX’s failure to insist upon or enforce strict performance of any provision of this Contract shall not constitute a waiver. This Contract is not assignable by You without FluxVFX’s prior written consent. FluxVFX may assign this Contract without Your consent to any other party so long as such party agrees to be bound by its terms.