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NON-EXCLUSIVE LICENSE AGREEMENT
Kerovision, Royalty Free License Agreement
NOTICE: BY USING ANY KEROVISION PRODUCTS ("Products"), WHETHER VIA DOWNLOAD, CD ROM, DVD OR OTHER MEDIA, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE LICENSE GRANTED, RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER AS WELL AS TO YOU, AS A REPRESENTATIVE OF YOUR EMPLOYER. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER, YOUR EMPLOYER MAY CONTINUE TO OPERATE UNDER THIS AGREEMENT.
“Products” includes, but is not limited to, images, animations, films, videos or other audio/visual representations recorded in any format that are controlled by or obtained, directly or indirectly, from Kerovision, its owner.
You are granted a non-exclusive, non-transferable, royalty free license to use the “Products” subject to the following terms and conditions:
The “Products” may be incorporated into a derivative work, including but not limited to, a film feature, video, broadcast, multimedia, advertisement, live performance, internet, presentation, and non-retail print projects. However, the “Products” in whole or in part, and any derivative work thereof, may not be licensed, reproduced or distributed without our consent. These terms apply even if the Products have been significantly altered.
You agree to take all steps possible to prevent any third party from duplicating or distributing any of the Products included in the finished work. Special licensing, to obtain additional rights, is available by contacting Kerovision.
The Products may not, under any circumstances, be used in or in conjunction with, or as part of obscene, fraudulent, libelous, infringing material containing unlawful events and/or intellectual property.
Copyright Products of Kerovision or its licensors are protected by United States Copyright laws, international treaty provisions and other applicable laws. No title or intellectual property rights in the Products are transferred to you. Kerovision retains all rights not expressly granted by this licensing Agreement. Venue for this Agreement will be governed by the laws in force in the State of California, United States of America.
Kerovision 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 or inability to use the Products. Licensor's entire liability and exclusive remedy shall be no more than the amount paid for the Products. KEROVISION MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, WITH REGARD TO THE PRODUCTS, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT ARE HEREBY DISCLAIMED.
You agree to indemnify and hold Kerovision harmless from and against any damages or liability, of any kind, arising from your use of the Products, in any form, for 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.
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