Final Light - License Agreement
.....The proceeding License Agreement is current as of January 20, 2005 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 or Toolset 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.
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.
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.
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.
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.
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.
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.
Final Light Productions reserves the right to amend this agreement at any time.
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.
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.