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PLEASE
READ THIS AGREEMENT CAREFULLY. TO COMPLETE YOUR
ORDER, YOU MUST FIRST ACCEPT THE TERMS AND CONDITIONS
OF THIS AGREEMENT BY ELECTRONICALLY CLICKING ON
THE BUTTON LABELED "ACCEPT" WHEN GOING THROUGH
THE ORDER PROCESS. ALL SALES ARE FINAL. THIS IS
A LLEGAL AGREEMENT BETWEEN YOU AND WILDFORM, INC.
BY CLICKING THE BUTTON LABELED "ACCEPT" BELOW,
YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU
DO NOT AGREE, CANCEL YOUR ORDER IMMEDIATELY.
By purchasing any of the video clips available
on the Wildform Video Library (the "Video Clip(s)"),
you (the "Licensee") agree to and are bound by
the following terms and conditions set forth by
Wildform, Inc. (the "Licensor").
Grant of rights for Video Clips: No rights
are granted until full payment for the Video Clips
is received by Licensor. Once Licensor receives
full payment for the Video Clips ordered by Licensee,
Licensor hereby grants the Licensee a single user,
royalty-free, nonexclusive, non-transferable license
to use and modify the Video Clips. Licensee may
use the Video Clips in an unlimited number of projects
commercial or non-commercial (including but not
limited to website creation, presentations, banner
ads and e-mail). In addition, Licensee may edit,
dub, and alter the Video Clips in any way. However,
Licensee may not sell, rent, license, sub-license,
lease, loan, or distribute the Video Clips themselves,
individually or as a part of another collection,
to any other person or entity. Nor may Licensee
post the Video Clips for others to download, whether
for free or for a fee. Additionally, Licensee agrees
to take all steps necessary to prevent any third
party from duplicating or distributing any Video
Clips.
Furthermore, this license is subject to the following
additional restrictions, which Licensee understands
and agrees to:
a) Video Clips may not be used to state or imply
the endorsement by Licensor.
b) It is unlawful to falsely claim copyright or
other rights in any of the Video Clips in the Wildform
Video Library.
c) Licensor gives no rights or warranties with
respect to the use of names, trademarks, logos,
registered or copyrighted designs or works of art
depicted in any Video Clips, and Licensee must
obtain all necessary rights, releases, consents
or permissions as may be required for reproduction.
Use for a commercial purpose of a portion or segment
containing talent or a recognizable person may
infringe on a right of publicity and permission
should be obtained from the talent or recognizable
person and Licensee assumes all responsibility
for obtaining any necessary clearances and/or licenses
for such usage.
d) Licensee may not use, or allow anyone else to
use any of these Video Clips to create libelous,
obscene, unlawful, fraudulent, or defamatory works,
or to create any viruses, worms or other malicious
programs.
Scope of License: Video Clips may not be
used on more than one computer at any one time.
Should Licensee need to use the Video Clips over
a network or at more than one station simultaneously,
Licensee must purchase a multi-seat license. Licensee
may make one (1) exact copy of the Video Clips,
provided the copy is for back-up purposes only,
and such copy is used only if the original Video
Clip file is defective. All rights not specifically
granted to Licensee by this Agreement are reserved
by Licensor.
Term: This license begins on the date that
the Video Clips are paid for by Licensee and is
granted in perpetuity, as long as payment is not
refunded, charged back, or cancelled for any reason.
However, this Agreement shall automatically terminate
upon failure by Licensee to comply with any of
its terms. In the event of termination, all rights
granted to Licensee in this Agreement, shall be
automatically rescinded. Upon termination, Licensee
shall destroy all Video Clips or copies thereof.
Territory: Worldwide.
Licensor Warranties: Licensor represents
and warrants that:
a) Licensor has sufficient rights to grant this
license.
b) Licensor warrants the Video Clips, in the form
downloaded by Licensee, to be free from defects
in material and workmanship for 14 days from delivery.
Licensor makes no other warranty, either expressed
or implied, of merchantability, fitness for any
particular use, or compatibility with any computer
or other kind of equipment.
Licensee Warranties: Licensee represents
and warrants that:
a) Licensee will not sell, license or distribute
the Video Clips themselves individually or as a
part of another collection to any other person
or entity, nor shall Licensee post the Video Clips
for others to download;
b) Licensee will not use the Video Clips in any
way that is contrary to the terms of this License
Agreement.
Disclaimer of Consequential Damages: Under
no circumstances shall the Licensor be liable for
any consequential or incidental damages whatsoever
arising out of the use of the Video Clips or the
inability to use the Video Clips, including without
limitation, computer failure, work stoppage or
any other damages, even if Licensor has been advised
of the possibility of such damages. Licensor can
not and will not sign indemnity or hold harmless
statements, releases from copyright infringement,
or documents granting exclusive use rights. Licensee
agrees to hold Licensor harmless from any and all
claims and expenses arising from the use of any
Video Clips.
Limitation of Liability: Licensor's liability
shall in no event exceed the actual price paid
for the license.
Export Control: By downloading the Video
Clips, Licensee agrees to comply with US laws regarding
the import, export or re-export of products and
information.
Exclusive Remedy: Licensee's exclusive remedy
for breach of this Agreement by Licensor shall
be, at the Licensor's option, either (a) the replacement
of the Video Clips that do not meet the Licensor's
Warranties (and is returned with proof of license);
or (b) a refund of the fee, if any, which the Licensee
paid to license the Video Clips.
Licensee: This agreement affects the individual
agreeing to this license on behalf of Licensee
as well as the individual's employer if the individual
is licensing any Video Clips on behalf of a company
or organization. If the individual leaves the company
that licensed the content, the company may continue
to make use of the content pursuant to this agreement.
The individual, however, may not make a copy for
personal or business use, or transfer the content
to a new place of employment.
General Provisions: This Agreement will
be governed by and construed in accordance with
the laws of the United States of America and the
State of California, County of Los Angeles. If
any provision of this agreement is found to be
invalid by any court having competent jurisdiction,
the invalidity of such provision shall not affect
the validity of the remaining provisions of this
agreement, which shall remain in full force and
effect. No waiver of any term of this agreement
shall be deemed a further or continuing waiver
of such term or any other term. This agreement
constitutes the entire agreement between Licensee
and Licensor with respect to this transaction.
Any changes to this agreement must be made in writing,
signed by an authorized representative of the Licensor. |
