Mammoth HD Rights-Managed (hybrid) License Agreement
BY PURCHASING ANY MAMMOTH HD PRODUCT ("Digital Media Files"), IN ANY FORM WHETHER VIA DOWNLOAD, ON DVD ROM, CD ROM OR OTHER MEDIA, YOU (“LICENSEE”) 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
The Digital Media Files are any images, clips, animations, films, videos or other audio/visual representations recorded in any format that are controlled by or obtained, directly or indirectly, from Mammoth HD.
Grant Of License
Upon use of the Digital Media Files, you are granted a non-exclusive, non-transferable single use license (the license is NOT Royalty-Free - multiple uses and/or inclusions in other projects other than for the original purchase is NOT Allowed under this license and requires a another licensing fee) to use and modify the Digital Media Files subject to the following terms and conditions:
Single Use License for a Single Project (in Perpetuity)
The Digital Media Files may only be modified or used in unmodified form, on one computer at any one time. You may not rent, lease, lend, sell or sublicense the Digital Media Files to another person, company or other entity. Anything you produce using the Digital Media Files must be for a Single Project in Perpetuity ONLY and can be used for your own use, or for the use of your employer, client or customer, who must be the end-user of your work. Upon the clip/footage order - the project information must be filed with Mammoth HD for issuance of the use license
Pricing of Mammoth HD Rights-Managed (hybrid) Footage
Prices for the Mammoth HD Single Clip footage under this license is a flat rate schedule based on format and length of clip and can ONLY be used for a Single Project. Rates are as follows: All MHD Single-Clip RM footage has a minimum 5 seconds per clip fee.
MHD Hybrid Rights Managed Pricing (page link)
All Rates are in $USD and Subject to Change without Notice. Discounted pricing is available on orders over 2 (two) minutes.
Non-Retail Uses
The Digital Media Files may be incorporated into a derivative work such as a film, video, broadcast, multimedia, advertisement, live performance, internet, presentation, or print project, but the Digital Media Files and any derivative work thereof may not be used, sold, licensed, reproduced, distributed or displayed as stand-alone backgrounds, stock or effects imagery elements, made available as downloadable files or included in any other clip media/stock product, library, collection, or set of clips for distribution or resale. These terms apply even if the Digital Media Files have been significantly altered.
Retail Products
Copies of works (DVDs, Home Videos, Music Videos, Training Videos, etc.) incorporating the Digital Media Files may be reproduced, sold and distributed with the following limitations: The Digital Media Files may not comprise more than 25% (by length or number) of the total imagery used in the finished work, nor may the primary value of the product come from the Digital Media Files. Additionally, you agree to take all steps necessary 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 Mammoth HD. In addition, MammothHD kindly requests a credit line that reads "Mammoth HD Stock Footage Library."
Marketing and Promotion
Unless Mammoth HD receives written notification from you to the contrary, you hereby grant Mammoth HD the right to display any derivative works within your possession or control that incorporate one or more of the Digital Media Files at tradeshows, in collateral, and/or via electronic distribution for Mammoth HD marketing, educational, and promotional purposes as examples of customer usage. At your request, Mammoth HD will identify you as the author of such derivative work.
Special Limitations
The Mammoth HD Digital Media Files may not under any circumstances be used in or in conjunction with pornographic, defamatory, obscene, fraudulent, libelous, infringing, immoral, or illegal material.
Mammoth HD grants no rights and makes no Warranties with regard to the use of names, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in any Licensed Material, and Licensee must satisfy itself that all the necessary rights or consents regarding any of the above, as may be required for reproduction, have been obtained
Copyright
All Digital Media Files are copyright Mammoth HD 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 is transferred to you. MammothHD Retains all rights not expressly granted by this license Agreement.
Liability
Mammoth HD 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. Your rights may vary from state to state.
Breach of Agreement
You agree to indemnify and hold Mammoth HD 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
Mammoth HD 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 MammothHD. MammothHD 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 NON INFRINGEMENT ARE HEREBY DISCLAIMED.
Amendments
Mammoth HD reserves the right to amend this agreement at any time.
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 Colorado, USA.
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