ROYALTYFREESTORE.COM
END USER LICENSE AGREEMENT TERMS AND CONDITIONS


This is a legal contract between you and Royaltyfreestore.com. By purchasing and using our stock video footage DVD product(s) hereafter referred to as the "Product" you have agreed to be bound by and comply with the terms of this Agreement. If you do not accept or agree with these terms, please do not purchase or use our products.

This is a license agreement, not a sale. Royaltyfreestore.com continues to own the intellectual property rights and copyright of our Product(s) without limitation. The Product is provided under the terms of the following license agreement ("Agreement") that states what you may and may not do with the Product.

In consideration for receipt of payment of the Product, Royaltyfreestore.com grants a limited, non-exclusive, perpetual, worldwide royalty-free right to the Purchaser to utilize our Product for any purpose as authorized under this Agreement as specified under Permitted Uses and in consideration of our limited warranties outlined below. This right is granted to one single user (YOU) and is not a corporate-wide license. This right is non-transferable and non-sublicensable.

Refund Policy
All sales are final and are non-refundable. It is your responsibiilty to preview our footage using the video clip previews provided to determine suitability for your needs. We will remedy material defects with a replacement data DVD-R if notified within 30 days of purchase.

Payment, Shipping & Taxes
Upon receipt and payment of an order product will be shipped within 1-2 business days via reputable carriers. You agree to pay all shipping fees and applicable taxes for your orders. Product pricing and special offers are subject to change at the discretion of Royaltyfreestore.com and will be posted on our Web site.

Privacy Policy
To process your order we will require your contact information and a valid credit card number. By providing us with this information you authorize us to process your transaction and share that data with reputable payment processing entities so that we may complete your order. All transactions are handled securely and your data will not be sold nor shared with anyone not directly related to the completion of your transaction. Due to the nature of the internet, your data will travel through the world wide web and thus be subject to the risks associated thereof. We assure you that we have made utmost attempts to protect your security by researching our payment processors to ensure they are reputable entities who offer secure transactions. However, we do not warrant the security of said payment processor companies, and you argree to hold royaltyfreestore.com and all its officers, owners and employees harmless from any liability resulting from the utilization our payment processors including possible fraud, hacking or other unforseen illegal activity.

COPYRIGHT MATERIAL & OWNERSHIP
The imagery, content and video files contained on the Royaltyfreestore.com website and Royaltyfreestore.com DVDs (collectively called the "Product") are proprietary and copyrighted. This copyright is protected under U.S. and International copyright law. Royaltyfreestore.com owns and reserves all rights, title and interest in and to all of the copyrights and proprietary rights in the Product. No rights are granted except for the limited royalty-free license specifically granted by this agreement. You agree to provide copyright attribution to Royaltyfreestore.com in the production and on-screen credits.

PERMITTED USES:
  1. The Product may only be used on ONE computer at any one time. For use on more than one computer at a time or for use and/or storage on a network designed for more than one user, you must acquire a special multi-user license from Royaltyfreestore.com.
  2. You may make ONE backup copy for your own use but you must include this license agreement within the backup copy.
  3. The Product may be used, altered, or incorporated according to the guidelines described herein into any derivative work (including broadcast television, feature films, commercials, industrial, educational, personal presentations and for delivery on mobile devices) that are created by YOU with the exception that work is not then sold or distributed or repurposed as stock footage, stock photo library or a digital asset collection.

PROHIBITED USES:
  1. The Product may not be used in a defamatory, libelous, scandalous, illegal, misleading, or otherwise unlawful manner and may not be used in or in conjunction with any obscene or pornographic material.
  2. The Product may not be transferred to third parties for their use nor transmitted electronically nor physically for others to use in their projects.
  3. You may not post a copy of the Product(s) on a network server or web server for use by other users in their projects nor store our Product in a database. You may not post the Product on the internet for downloading by others. This license agreement is only granted to a SINGLE individual on a single workstation and is NOT a corporate-wide, nor multi-user license.
  4. You may not sell, sublicense, loan, give, or transfer any part of the Product or a copy thereof (except in accordance with the permitted use in a work created by you), to another person or company.
  5. You may not resell, sub-license, rent or repurpose the Product and agree to take necessary precautions that third parties will not do the same. You agree that you will not use our product as part of a stock footage or stock photography collection or make it available as downloadable files, nor use more than 25% of our product as part of one of your video productions. You may not use our Product as screen-savers. You may not post our Product on video search engine databases on the internet.
  6. You are not permitted to use the Product to compose a logo, trademark, service mark, or business name, nor use the image of a person or landmark within the Product to endorse a business, product or service. You agree that you are responsible to determine if any additional licenses are necessary for use of our Product and if required, you agree that you assume full responsibility to obtain said license and pay any and all required fees for same. You agree to adhere to domestic and international copyright and trademark agreements and will abide by any restrictions that may apply to the use of landmarks or locations depicted in our Product.
  7. You agree to indemnify and hold harmless Royaltyfreestore.com and all of its officers, directors, employees and assigns for any and all losses, damages, liabilities, claims, costs or expenses, including reasonable attorneys' fees, incurred directly or indirectly by those Indemnified in connection with the use of the Product for any unlawful, unauthorized or prohibited purpose.


LIMITED WARRANTIES:
THE CONTENT AND ACCOMPANYING MATERIALS (IF APPLICABLE) ARE PROVIDED "AS IS" WITHOUT REPESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ROYALTYFREESTORE.COM DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE OR THAT OF OUR WEB SITE (ROYALTYFREESTORE.COM) WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU. SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT ROYALTYFREESTORE.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY CORRECTIONS.

OUR LICENSE AGREEMENT ONLY WARRANTS THAT WE OWN THE COPYRIGHT TO THE VIDEO FOOTAGE IN OUR LIBRARY. YOU ACKNOWLEDGE THAT THE CONTENT IN OUR LIBRARY MAY BE SUBJECT TO COPYRIGHT, TRADEMARKS, RIGHTS OF PUBLICITY, PROPERTY RIGHTS OR OTHER RIGHTS BELONGING TO ANOTHER PARTY. IT IS YOUR RESPONSIBILITY TO DETERMINE IF ADDITIONAL LICENSES, CLEARANCES OR RELEASES ARE REQUIRED, AND THAT IT IS YOUR RESPONSIBILITY TO OBTAIN SUCH LICENSEES, CLEARANCES AND RELEASES AND TO PAY ALL OF THOSE FEES IF THEY ARE REQUIRED.

IN NO EVENT SHALL ROYALTYFREESTORE.COM OR ANY OF ITS OWNERS, OFFICERS, EMPLOYEES, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, BUSINESS PROFITS, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE CONTENT, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT, THE LICENSE PROVIDED HEREUNDER, OR THE USE OR EXPLOITATION OF ANY OR ALL OF THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE FEES ACTUALLY PAID BY YOU TO ROYALTYFREESTORE.COM UNDER THIS AGREEMENT IN RESPECT OF THE USE OF THE CONTENT.

INDEMNIFICATION:
You agree to indemnify and hold Royaltyfreestore.com harmless against all claims or liability asserted against Royaltyfreestore.com arising out of or in connection with any breach by you, your employees, or anyone acting on your behalf under the terms of this Agreement.

GENERAL:
If any provision or part thereof of this Agreement is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the Product pursuant to this Agreement.

Royaltyfreestore.com reserves the right to elect at a later date to replace the Product with an alternative for any reason. Upon notice, sent to the address or contact information provided by you at the time the Product was purchased, or such other address as you may advise us in writing to use, from time to time, of such replacement, the license for the replaced Product terminates for any products that do not already exist, and this license automatically applies to the replacement Product . You agree not to use the replaced Product or any Derivative Works related thereto, for future products and to take all reasonable steps to discontinue use of the replaced Product, or any Derivative Works related thereto, in products that already exist.

JURISDICTION & ARBITRATION:
This Agreement will be governed under the laws of the State of Oregon and the federal laws of the United States of America applicable therein. Any and all disputes arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in Portland, Oregon, USA or another location agreeable to Royaltyfreestore.com. If Royaltyfreestore.com is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse Royaltyfreestore.com for its legal fees, costs and disbursements if Royaltyfreestore.com prevails.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND ROYALTYFREESTORE.COM, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND ROYALTYFREESTORE.COM, RELATING TO THE SUBJECT OF THIS AGREEMENT. VIOLATION OF THE PERMITTED USES AS OUTLINED WITHIN THE TERMS OF THIS AGREEMENT IS COPYRIGHT INFRINGEMENT AND IS A BREACH OF CONTRACT AND ENTITLES ROYALTYFREESTORE.COM TO IMMEDIATELY RESCIND THIS LICENSE AGREEMENT, IF THIS OCCURS, YOU AGREE THAT YOU WILL IMMEDIATELY CEASE USING OUR PRODUCT(S). THIS AGREEMENT SHALL NOT BE MODIFIED WITHOUT THE CONSENT OF ROYALTYFREESTORE.COM.

Copyright 2006 Royaltyfreestore.com


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© 2006 Royaltyfreestore.com. All Rights Reserved.