BY USING SINYDV FILES ("Digital Media Files"), WHETHER VIA DOWNLOAD, ON CD ROM, DVD OR OTHER MEDIA, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
Digital Media Files are any animations, motion graphics, videos or other audio/visual representations recorded in any format that are controlled by or obtained, directly or indirectly, from shinyDV.
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:
Single Use License
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 your own use, client or customer, who must be the end-user of your work.
General Use Grant
The Digital Media Files may be incorporated into a derivative work such as video, broadcast, multimedia, advertisement, live performance, or internet, presentation. However, the Digital Media Files in whole or in part, and any derivative work thereof may not be used, sold, licensed, reproduced, distributed or displayed as templates, stand-alone backgrounds, stock elements 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.
Restrictions When Incorporating shinyDV Footage In A Product to be sold again.
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: The Digital Media Files may not comprise more than 25% 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. The Digital Media Files 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 Digital Media Files included in the finished work. Special licensing is available from shinyDV for use of digital media that falls under the uses described above.
The Digital Media Files may not under any circumstances be used in or in conjunction with, or as part of pornographic, defamatory, obscene, fraudulent, libelous, infringing, or illegal material.
When incorporating the Digital Media Files in film features, broadcast productions, or video products, shinyDV kindly requests a credit line that reads “shinyDV Motion Graphics, www.shinydv.com.”
All Digital Media Files are copyright shinyDV and 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. ShinyDV retains all rights not expressly granted by this license Agreement.
ShinyDV 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 shinyDV 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.
ShinyDV 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 shinyDV. SHINYDV 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.
shinyDV 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 Oregon, USA