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Below is our standard license agreement. Specifics to your project are added when you order your master. If you have questions regarding the agreement, call or email Carol or Paula to discuss your needs.
LICENSE AGREEMENT
TERMS AND CONDITIONS OF USE
FootageBank hereby grants to its Client, herein referred to as Licensee
(“Licensee”) and its successors and assigns the non-exclusive
rights to incorporate and use the Footage, (all FootageBank materials
collectively referred to as "Footage") as specified on the Invoice
on reverse side of this License Agreement (“Invoice”) and
on the terms and conditions contained herein. This nonexclusive, non-transferable
license to use Footage is subject to the following terms.
USE
1. Footage may not be used in any way, and no rights are granted, until
payment of all fees stated on the Invoice(s), and any other applicable
fees or costs. Licensee's right to use same shall be only on the terms
specified herein.
2. Footage remains the property of FootageBank and/or the copyright owner.
A license only is granted to use the Footage for the use specified on
the Invoice and for no other purpose. Licensee does not acquire any right,
title or interest in or to any Footage or other licensed material, and
will not make, authorize or permit any use of the Footage or other licensed
material other than as specified herein. Full credit and copyright information
must remain with file. FootageBank will receive appropriate credit when
credit is given to vendors of similar services, such as other footage
providers.
3. FootageBank has the right to grant the rights specified herein. FootageBank
agrees to license Footage only on the condition that Licensee agrees to
use it in the specific context, extent and time period set forth on the
Invoice. Any use by Licensee (or third parties) other than the use herein
permitted is a material breach of this Agreement and entitles FootageBank
to immediately rescind this license.
4. LIQUIDATED DAMAGES. THE RIGHT TO USE FOOTAGE IS VALUABLE. LICENSEE
AGREES THAT IT WOULD BE DIFFICULT AND IMPRACTICABLE TO DETERMINE THE VALUE
OF SUCH RIGHT AND, ACCORDINGLY, LICENSEE AND FOOTAGEBANK AGREE THAT THE
REASONABLE LIQUIDATED VALUE OF THE RIGHT TO USE THE FOOTAGE OUTSIDE THE
SCOPE OF THE LICENSE GRANTED HEREIN IS THREE (3) TIMES THE LICENSE FEE
FOR THE FOOTAGE.
5. Licensee may not sell, rent, lend, sublicense, or otherwise transfer
any Footage or the right to use or reproduce Footage, and will take all
commercially reasonable efforts to prevent third parties from doing same.
6. Footage may not be used for any pornographic, libelous, defamatory
or other unlawful purpose; or in a manner that would tarnish, damage or
harm the rights of another; or as a trademark or service mark; or in violation
of the trademark or copyright rights of others. No model releases or other
releases exist on any Footage unless the existence of such release is
specified in writing by FootageBank. FootageBank gives no rights or warranties
with respect to the use of names, trademarks, logo types, designs or works
of art depicted in any picture, or the registrations or copyrights thereof,
and Licensee must satisfy itself that all necessary rights, consents or
permission as may be required for reproduction are secured.
GENERAL PROVISIONS
7. All rights not specifically granted herein to Licensee are reserved
for FootageBank's use and disposition without any limitations whatsoever.
8. Licensee shall indemnify FootageBank and hold FootageBank harmless
from all claims, damages, liabilities, and/or lawsuits, including reasonable
attorneys' fees, arising from or relating to the use of the Footage by
Licensee (or third parties). FootageBank shall indemnify Licensee against
all claims relating to or arising from the FootageBank warranty that it
has the right to grant the rights specified herein.
9. This contract contains all the terms of this Agreement concerning use
of Footage, and no term or conditions may be added or deleted unless made
in writing and signed by both parties. These terms and the terms of any
subsequent invoice/copyright license supersede any and all prior agreements
and understandings pertaining hereto.
10. Unless specified on Invoice, payment herein is to be net thirty (30)
days. A service charge of two (2%) percent per month on any unpaid balance
will be charged thereafter. Any claims for adjustment or rejection of
terms must be made to FootageBank within ten (10) days after receipt of
invoice. FootageBank offers no kill fees or refunds on footage ordered.
After release of Footage to Licensee, all fees on Invoice must be paid
in full whether Footage is used or not.
CLAIMS OR DISPUTES
11. Any and all disputes, with the exception of copyright claims, arising
out of, under or in connection with this Agreement, including, without
limitation, the validity, interpretation, performance and breach hereof,
shall be settled by arbitration in Los Angeles, California, pursuant to
the rules of the American Arbitration Association. Judgment upon the award
rendered may be entered in the highest court of the State having jurisdiction.
This Agreement, its validity and effect, shall be interpreted under and
governed by the laws of the State of California. If FootageBank is caused
to present claims or suit as a result of any breach of the above terms
set forth, it shall be made whole by Licensee for such reasonable legal
fees or costs.