Bennett-Watt HD Stock Footage Library Royalty Free License
The following Royalty Free License (License) constitutes an agreement between you as Licensee and Bennett-Watt HD Stock Footage Library ("BWHD"), owner of Bennett-Watt-HD-Stock-Footage-Library.com (Site) It is not required to agree to the terms of this Royalty Free License, but you may not use audio-visual work purchased from BWHD without agreeing to the terms of the BWHD Royalty Free License.
1. Grant of License
BWHD conveys to the Licensee a non-exclusive, non-transferable world-wide, perpetual right to use video/audio footage, for which Licensee has paid license fees as required by BWHD to license content. The license granted is subject to the terms of this Agreement, including but not limited to the Restrictions on Use provided in this Agreement. This Agreement is a license, not an agreement of sale, and Licensee has purchased no ownership rights in the Licensed Content.
2. Permitted Uses
Licensee may distribute the Licensed video/audio Content: (i) incorporated into other works, including but not limited to films, documentaries, television productions, commercials, training and industrial videos, web pages, advertisements, reports, brochures, books, newsletters, multimedia applications and presentations, (collectively "Works for Distribution"); or (ii) for the creation of derivative works, provided that such derivative works are distributed only as incorporated into Works for Distribution. Notwithstanding the foregoing, Licensee may not use Licensed Content in any manner prohibited by the Restrictions on Use section, below.
3. Restrictions on Use
Licensee shall not sub-license, sell, assign, convey or transfer Licensed Content except as part of a Work for Distribution.
3.2. Reusable Templates
Licensee shall not include the BWHD Licensed Content in any electronic template, including but not limited to website templates, intended to be reproduced by third parties on electronic or printed products.
Licensee shall not include the Licensed Content in any Work for Distribution which is intended to permit or which unreasonably permits the recipient to extract from the Licensed Content for use separate and apart from the Work for Distribution.
Licensee shall not incorporate the Licensed Content into a logo, trademark or service mark. Any incidental trademarks or logos contained in a BWHD clip, may not be altered nor used in any way which implies an association with nor an endorsement by the owner(s) of such trademarks, and the inclusion of these incidental trademarks in the media clips does not in any way imply such association with nor endorsement of this trade marked Product.
All trademarks and service marks remain the exclusive property of the trademark or service mark owner. If a recognizable person or talent appears in material, used for commercial purposes it may infringe on their right of privacy or publicity. Therefore permission should be obtained from the recognizable person if the proposed use of material could be viewed as a commercial exploitation. However, if the proposed use is primarily for communicative purposes, i.e., reporting facts of historical significance (constitutionally protected media uses) then such uses will generally be considered not to infringe upon such personal rights.
3.5. Implied Endorsements and Model Rights
Licensee shall not use the Licensed Content, if such Licensed Content features any model: (i) in any manner that would lead a reasonable person to believe that such model personally uses or endorses any product or service; or (ii) in connection with a subject or in a manner that would be unflattering or unduly controversial to a reasonable person.
3.6. Defamatory and Pornographic Use
Licensed clips shall not be displayed in any way that might be considered defamatory or a defamation of any individual, product, place nor organization. BWHD stock clips may not be used in any presentation pornographic, directly nor indirectly juxtapositioned.
3.7. Illegal Use
Licensee shall not use the Licensed Content in a way that violates any applicable law in effect within the jurisdiction of Licensed Content use.
Licensee is permitted to make a single backup copy of the Licensed Content outside of the Works for Distribution.
4. Warranties and Limitation of Liability
4.1. BHD operates the Site as a venue for the licensing of HD video/audio content.
4.2. BWHD makes no representations or warranties regarding model or property releases for any Licensed Content other than that stated in the Model Release/Property Release portion of clip information.
4.3. BWHD is not liable to you or any third party for any damages, including but not limited to any lost profits, lost savings, or other incidental or consequential damages arising out of the use of or inability to use the Licensed Content, even if BWHD has been advised of the possibility of such damages, costs or losses. To the maximum extent permitted by applicable law, BWHD disclaims all other warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Because some states/jurisdictions do not allow limitations on duration of an implied warranty, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you and you may have other required warranties which vary from state and jurisdictions.
Licensee shall defend, indemnify and hold BWHD and their respective officers, directors and employees harmless from all damages, liabilities and expenses, including but not limited to reasonable attorneys' fees and costs, arising out of or as a result of claims by third parties relating to Licensee's use of any Licensed Content outside the scope of this Agreement, without proper model or property releases, or for any other breach by Licensee of this Agreement.
6. Term and Termination
6.1. The license contained in this Agreement will terminate automatically without notice from BWHD if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must immediately: a. stop using the Licensed Content; b. destroy or, upon the request of BWHD, return to BWHD the Licensed Content; c. delete or remove the Licensed Content from Licensee's premises, computer systems and storage (electronic or physical).
6.2. BWHD may, for good cause and at its reasonable discretion, revoke the license to use the Licensed Content and elect to replace such Licensed Content with alternative Licensed Content. Upon notice of any revocation of a license for any particular Licensed Content, Licensee shall immediately cease using such Licensed Content and shall, where reasonably possible, take steps to ensure that any recipients of Works for Distribution containing the Licensed Content cease use of such Works for Distribution.
7. Additional Provisions
The parties to this Agreement are independent contractors, and nothing in this Agreement shall create a joint venture, partnership, employment relationship, franchise relationship or taxable entity between the parties.
7.1. Notices - Except as otherwise set forth herein, any notice required or permitted to be given under this Agreement shall be in writing, delivered by hand, nationally recognized overnight courier service, facsimile, email or registered or certified mail, addressed to the receiving party at the mailing address indicated below.
Such notice shall be deemed to have been given on the date delivered by hand, by email or sent by facsimile, one (1) business day after deposit with a courier service, and three (3) business days after being deposited in the United States mail.
Bennett-Watt HD Stock footage Library
13021 244th Ave. S.E.
Issaquah, Wa. 98027
At the address you have provided to Bennett-Watt
7.2. Entire Agreement - This Agreement constitutes the parties' entire agreement. No modification, deletion, amendment of any provision is binding unless in writing signed by each party's authorized representative.
7.3. No Waiver - No waiver of any default under this Agreement will apply to any subsequent default, whether of a similar nature or not, nor will any such waiver be construed as a waiver of any other provision of this Agreement.
7.4. Severability - If any provision, or portion thereof, of this Agreement, or its application to any person or circumstance, shall be invalid, illegal or unenforceable to any extent, the remainder of this Agreement, such provision and their application shall not be affected thereby, but shall be interpreted without such unenforceable provision or portion thereof so as to give effect, insofar as is possible, to the original intent of the parties, and shall otherwise be enforceable to the fullest extent permitted by law.
7.5. Jurisdiction and Choice of Law - This Agreement shall be construed in accordance with the laws of the State of Washington without regard to its choice of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement. The parties hereby consent to the jurisdiction of the courts of the State of Washington and the Federal Courts located therein. Nothing contained herein shall prohibit a party from bringing an action in a jurisdiction in which the other party is domiciled.
7.6. Construction - Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural and vice versa, and the neuter gender shall include the feminine and masculine genders and vice versa. The headings in this Agreement are for convenience only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this Agreement or any of its provisions.
7.7 Successors and Assigns - All of the covenants, terms, provisions and agreements contained in this Agreement shall be binding upon, and inure to the benefit of, the parties hereto and, to the extent permitted by this Agreement, their respective heirs, legal representatives, successors and assigns.
All Content sales are final and cannot be returned. Except for material defects (addressed in the Limited Warranty section of the License Agreement), there are no refunds on Content sales.
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