NON-EXCLUSIVE STOCK FOOTAGE LICENSE AGREEMENT.
Please contact us if you are looking to use our footage in ways not allowed in this agreement such as exlcusive or resale rights, etc. You must purchase a license (permission) to use selected footage when you check the box during checkout stating you have read and agree to comply with this agreement.
NOTICE
BY USING ANY Skytimelapse PRODUCT ("Digital Media Files"), WHETHER VIA DOWNLOAD, ON CD ROM, DVD OR OTHER MEDIA, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER AS WELL AS TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER, YOUR EMPLOYER MAY CONTINUE TO OPERATE UNDER THIS AGREEMENT.
Definitions
Digital Media Files are any images, animations, films, videos or other audio/visual representations recorded in any format that are controlled by or obtained, directly or indirectly, from Skytimelapse.com, it's owner.
Royalty Free indicates that aside from the purchase price, no further fees or compensation is due regardless of how many times the Digital Media files are used or how many projects they are used for.
Restrictions indicate the specific uses for the Digital Media Files that are NOT allowed and are exceptions to the grant under this agreement.
Grant Of License
You are granted a non-exclusive, non-transferable Royalty Free license to use and modify the Digital Media Files subject to the following terms and conditions:
General Use Grant
The Digital Media Files may be incorporated into a derivative work such as a film feature, video, broadcast, multimedia, advertisement, live performance, internet, presentation, and most non-retail print projects. However, the Digital Media Files in whole in any derivative work thereof may not be licensed, reproduced, distributed or displayed as templates or stand-alone backgrounds without our consent. These terms apply even if the Digital Media Files have been significantly altered.
Restrictions When Incorporating Skytimelapse Footage In A Product For Resale &Non-competition clause
In cases when the Digital Media Files 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: When being resold, the Digital Media Files may not comprise more than 50% of length of the finished work, even if the Digital Media Files are layered with other graphics, nor may the primary value of the product come from the Digital Media Files when being resold. The Digital Media Files may not be resold in competition with SkyTimeLapse.com and it's owner in any environment, including (but not limited to): the internet, trade shows, and any other venue which could be interpreted as competitive with SkyTimeLapse. Additionally, you agree to take all steps possible to prevent any third party from duplicating or distributing any of the Digital Media Files included in the finished work. Please note that special licensing to obtain additional rights is available by contacting Skytimelapse.
No Defamatory Use The Digital Media Files 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 Digital Media Files.
Other Restrictions
The Digital Media Files may not under any circumstances be used in or in conjunction with, or as part of obscene, fraudulent, libelous, infringing, or material containing actual unlawful events/intellectual property.
Copyright
All Digital Media Files are copyright Skytimelapse or its licensors and are protected by United States Copyright laws, international treaty provisions and other applicable laws. No title or intellectual property rights in the Digital Media Files are transferred to you. Skytimelapse Retains all rights not expressly granted by this license Agreement.
Liability
Skytimelapse 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 Digital Media Files. LICENSOR'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE NO MORE than the amount paid for the particular Digital Media Files.
Breach of Agreement
You agree to indemnify and hold Skytimelapse harmless from and against any damages or liability of any kind arising from your use of the Digital Media Files in any form, any breach of the terms and conditions of this Agreement, or your negligent act, omission or willful misconduct. 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. All license rights granted pursuant to this Agreement shall automatically terminate upon your breach of this Agreement.
Warranty/refunds
Skytimelapse warrants The Digital Media Files 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 Digital Media Files, applicable media or a refund of the purchase price, at the option of Skytimelapse. Skytimelapse MAKES NO OTHER WARRANTIES OR REPRESENTATIONS WITH REGARD TO THE DIGITAL MEDIA FILES AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT ARE HEREBY DISCLAIMED.
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 Oregon, UNITED STATES OF AMERICA
We want to thank you for considering us as your source for time lapse footage.
