USER RF LICENSE AGREEMENT
BY DOWNLOADING AND/OR USING ANY FILES FROM THE SITE INTROSTOCK.COM, YOU REPRESENT THAT YOU: HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT AND THE TERMS; ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH THE OPERATOR OF THE SITE; HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY, AND TO BIND THAT IntroStock TO THIS AGREEMENT.
ROYALTY-FREE END USER LICENSE AGREEMENT
THIS LICENSE AGREEMENT IS A LEGAL AND BINDING AGREEMENT ("AGREEMENT") BETWEEN YOU ("LICENSEE") AND MGF,S.P. ("IntroStock"). THIS LICENSE AGREEMENT APPLIES TO LICENSES ISSUED ONLINE (THE "AGREEMENT"). THE TERM LICENSEE INCLUDES THE CLIENT IF THE AGENT IS ACTING ON BEHALF OF THE CLIENT AND PROVIDED BOTH AGENT AND CLIENT ARE JOINTLY AND SEVERALLY LIABLE TO PR UNDER THE AGREEMENT.
"Visual content" ("Content") means any moving images, animations, films, videos or other audio/visual representations, including templates.
2. License Terms
IntroStock hereby grants you a non-exclusive, non-transferable right to use, modify, reproduce, transmit and display, in whole or in part, and right to create derivative works with respect to the Content, an unlimited number of times, in any and all media for all uses.
This Agreement is a license, not an agreement of sale. We and/or the Contributors will retain all other rights, including copyright and other proprietary rights in the Content, that are not specifically granted in this Agreement.
The Content may only be or used on one computer at any one time. Licensee may store the Images on a server or network configuration to be viewed by Licensee, subcontractors or its clients provided that no more than 10 persons can access the Content.
3. Restrictions on Use
5. Term and Termination
The license contained in this Agreement will terminate automatically without notice IntroStock if you fail to comply with any provision of this Agreement. You can also terminate this Agreement by giving us written notice. Upon termination, all Content Users must immediately stop using the Content, and destroy the Content and any derivative works, along with any copies of it, from Content Users’s premises, computer systems and storage (electronic or physical).
No licenses are granted until full payment of invoice is received. All Content sales are final and cannot be returned. Refunds if any are based strictly on our Sales Policy, given at the sole discretion of IntroStock. You are responsible for paying any applicable taxes and duties, in addition to the price shown on the Website, imposed by any jurisdiction as a result of the License or usage of the Content.
IntroStock represents that it has the right to grant the license herein.
8. Limitation of Liability
You assume full responsibility for the use of the Content. You agree to defend, indemnify and hold IntroStock Parties harmless from and against any and all claims, lawsuits, demands, damages, torts, loss, liability, or expenses (including reasonable attorneys' fees and costs), arising out of or as a result of claims by third parties relating to your use of the Content outside the scope of this Agreement or any other breach of this Agreement by you, your end-users, customers or anyone acting on your behalf.
INTROSTOCK MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IntroStock SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE CONTENT, OR OTHERWISE, EVEN IF PR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. PR’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE CONTENT SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THE LICENSEE FOR THE USE OF THE CONTENT.
9. Unauthorized Use
Any use of Content by you or your customers in a manner not expressly authorized by this Agreement or in breach of a term of this Agreement constitutes copyright infringement, entitling Introstock to exercise all rights and remedies available to it under copyright laws around the world. You shall be responsible for any damages resulting in a breach and from any breach or copyright infringement, including any claims by third parties. Upon reasonable notice, MotionElements may inspect any records, accounts and books relating to the use of any of the Content to ensure that the Content is being used in accordance with this Agreement.
In the event that the Licensee utilizes any Content without or prior to the granting of a license, IntroStock reserves the right to seek damages through legal means unless the licensee agrees to reimburse PR, as liquidated damages, a sum equal to ten (10) times the market value price charged for such use of a Royalty-Free image/Footage. If the licensee fails to make the payment as outlined above, within ten (10) days of IntroStock invoicing such fee, this liquidated damage provision shall be void and PR reserves the right to sue for copyright infringement, including attorneys' fees and all associated costs.
10. Miscellaneous Provisions
This Agreement will be governed in all respects by the laws of the Republic of Slovenia, without reference to its laws relating to conflicts of law. We shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in our opinion, such action is necessary or desirable.