VIDEO FOOTAGE LICENSE AGREEMENT
TERMS AND CONDITIONS
The following terms and conditions as defined below apply to any individual and/or entity purchasing and downloading HD/DVcuts content from the website or using HD/DVcuts content sent on a CD-Rom, Mini-DV or on any other media format.
1. INTRODUCTION. Subject to your acceptance of the terms of this License, a License is granted to use HD/DVcuts content in multi-media applications. The use of HD/DVcuts content is identified in the attached listing below. This is a binding agreement between Licensee and HD/DVcuts the Licensor. By indicating acceptance of this License, Licensee acknowledges having read and understood the terms and conditions of this entire License Agreement before using any HD/DVcuts content.
2. DEFINITIONS.
a) CONTENT. Content is defined as image(s), composite images, motion sequence, computer file, digital animation, film footage, digital footage, stock footage, digital video, any other visual representation, regardless of whether the content is obtained via a download from HD/DVcuts website or delivered via any storage media that is now known or may become known in the future.
b) LICENSOR. Licensor is HD/DVcuts, the sole owner and operator of the HD/DVcuts website. All Artists have granted HD/DVcuts the right to be represented by HD/DVcuts and have authorized HD/DVcuts to present their contents on the website.
c) LICENSEE. Licensee is the individual or entity who purchases a License to use the contents or specified contents of the HD/DVcuts website for the purposes authorized in this License.
3. LICENSE.
a) TYPE OF DISTRIBUTION & TERRITORY. License for HD/DVcuts clips are royalty free, for worldwide, all right, all media, in perpetuity, non-exclusive and non-transferable upon receipt of appropriate content license fee. Licensee may create content to be sold up to 5,000 units to be sold or licensed to other entities, after 5,000 product units Licensee must purchase a Resale License described below.
b) RESALE LICENSE: Resale license allows the Licensee to include HD/DVcuts content in materials to be sold, i.e. resale products. In the event that Licensee produces over 5,000 units of a resale product (e.g. a home video, DVD, game, other products to be sold at retail stores) with incorporated HD/DVcuts content, License agrees that it will, at that time, enter into a re-sale license agreement by contacting HD/DVcuts. The resale license fee for over 5,000 units is $100 for each clip purchased and used in the resale product in addition to the listed license fee for fewer than 5,000 units. A Licensee creating a resale product that is over five (5:00) minutes in length may use HD/DVcuts content up to 75% of the total content used in the finished work. The resale of these products imposes the same restriction on users as are contained herein this License. The Licensee will not knowingly permit users of their products to resell the HD/DVcuts content for any other application. If the user of the Licensee's product wishes to modify the product that user is required to pay the appropriate License fees to HD/DVcuts to obtain their own License. The Licensee will not knowingly permit any unauthorized use of HD/DVcuts content from any unauthorized use.
c) GRANT OF LICENSE. The use of HD/DVcuts content is for the Licensee only and this content may not be resold, or transferred, to any other individual or entity except. Licensee is authorized to make temporary copies or store the HD/DVcuts content on the Licensee’s storage devices for the sole purpose of backup and creating projects during the License term. The Licensee may allow up to ten (10) authorized users working as legal employees or independent contractors of the Licensee to have access to the HD/DVcuts content prior to such content’s download or delivery to Licensee. These authorized users are only allowed to use the HD/DVcuts content for projects for the Licensee. The Licensee will not knowingly permit any unauthorized use of HD/DVcuts content.
4. DESCRIPTION OF FORMAT OF FOOTAGE.
a) FILE FORMATS. We offer both high definition and standard definition clips.
1) Majority of HDcuts are offered as DVCPro HD QuickTime (Mac Final Cut Pro users) and HDPhotoJpeg QuickTime (PC users such as Avid and MAC users). Both file formats upon purchase are available for download.
2) Our HDcuts hdv- clip collection are only offered as HDV QuickTime (Mac Final Cut Pro users) for immediate download. If you need alternative HD PhotoJpeg QuickTime please contact sales@dvcuts.com for custom file conversion.
3) All DVcuts are offered as DV NTSC QuickTime standard definition 720X480.
b) FEES AND PAYMENTS. Each shot license fee is listed above the clip in red on the website. Fees are subject to change with no notice. Downloads are free, however if Licensee requires footage to be put on other media (DVD, MiniDV or Mini Hard Drive) the following fees are applied:
1) Ship on DVD is $50 plus shipping
2) Ship on MiniDV is $50 plus shipping
3) Ship on Mini Hard Drive is $150 plus shipping
c) RESALE LICENSE. Resale license can be purchase at time of check out for $100 per clip.
5. PROHIBITED USES.
a) Licensee shall not distribute, sublicense, assign, lease, loan or sell HD/DVcuts content on a stand-alone basis or as an image library or collection.
b) Licensee shall not use or permit the use of the content, or any part thereof, in or in association with fraudulent, embarrassing, insensitive, pornographic, offensive, infringing, or illegal material.
6. DOWNLOADING TERM.
a) If downloading, the Licensee will have a period of one (1) month to access and download their licensed content from the HD/DVcuts website. Upon issuance of a License, HD/DVcuts will provide access to enable the Licensee to download their licensed content.
b) The Licensee will be fully responsible for downloading licensed content. If the Licensee experiences difficulties downloading their content their remedy is to request a CD-Rom, Mini-DV or Mini Hard Drive. Their purchased licensed content will be shipped when payment for physical media of chose and appropriate shipping fees are received.
7. ACCOUNTS AND SECURITY. As part of the terms of this License and prior to downloading licensed content, Licensee will be required to provide HD/DVcuts with current, complete and accurate information as requested during registration and purchasing process. Licensee will not knowingly violate the confidentiality of the HD/DVcuts downloading access information. Furthermore, the Licensee is responsible for all activities that occur under Licensee's account. Licensee agrees to notify HD/DVcuts immediately of any unauthorized use of Licensee's account or any other breach of License occurring within Licensee's purview and/or knowledge.
8. TITLE AND INTELLECTUAL PROPERTY RIGHTS. Licensee acknowledges and agrees that it has no ownership rights to the contents, by License or otherwise, on the HD/DVcuts website and the content remains the sole and exclusive property of HD/DVcuts and its Artists. Title, copyright and intellectual property on the HD/DVcuts website belong to the respective Artist or to HD/DVcuts. Any unauthorized use of HD/DVcuts contents without a License and/or beyond the current License period is a copyright and license infringement.
9. TRADEMARKS. The HD/DVcuts logo, "Hdcuts.com", "DVcuts.com" and “HD/DVcuts.com” are the sole trademarks of HD/DVcuts.
10. TERMINATION.
This License to use contents set forth herein shall terminate automatically without notice from HD/DVcuts upon failure of the Licensee to comply with any provision of this License. Termination shall become effective immediately, unless the breaching party has corrected the breach in the term of the License. Upon termination, Licensee must immediately:
a) Stop using the HD/DVcuts content in any and all works created after the one-year anniversary and;
b) Delete all copies of the HD/DVcuts content from all media storage and computers.
11. LIMITED WARRANTY. All sales are final. If the HD/DVcuts content file does not play or move or there are material CD-Rom or Mini-DV defects, let HD/DVcuts know within 30-days of purchase. Licensee's exclusive remedy hereunder shall be a replacement of the content file(s). If the CD-Rom or Mini-DV appears to be defective mail to HD/DVcuts a copy of a receipt, inclusion of note with explanation of defect and include the defective CD-Rom or Mini-DV.
12. DISCAIMER OF WARRANTIES. Except for the limited warranty on content set forth above, HD/DVcuts files are provided "as is" without warranty of any kind. HD/DVcuts uses Apple QuickTime codec to create its files. HD/DVcuts takes every effort to minimize any compression artifacts. While DV compression is very light, compression artifacts can occur, most commonly "stair-stepping" on diagonal lines and "mosquito noise" near high-contrast boundaries. HD/DVcuts disclaim all warranties and conditions with respect to these potential artifacts within HD/DVcuts content.
13. DISCAIMER.
a) HD/DVcuts releases from its "Bargain Cuts" content with the Licensee's understanding that "Bargain Cuts" content may have flashes, camera restarts, and pieces of other clips, dirt, scratches, color imbalances, image shake, focus and speed problems, among other things. Additionally, timelapse shots may have birds, planes, bugs and other things that may look anywhere from dirt to unwanted speed moves. There are film artifacts throughout potentially all "Bargain Cuts" content, and some may have been purposely run longer, and then altered in order to have no gaps that interfere with image continuity. Some "Bargain Cuts" may be better used as still frames or stylized, stabilized or otherwise altered in post. Any dirt or scratches could possibly be removed using modern postproduction software. "Bargain Cuts" licensed content is released with the understanding and acknowledgement that these contents have problems and some effort on the Licensee's part may be required to create the desired finished product.
b) All HD/DVcuts content may have unwanted artifacts in a shot. It is therefore highly advised that any potential Licensee download and view the NTSC sample test clips to determine before ordering if the footage is satisfactory for use. The NTSC sample test clips can be useful also in determining compatibility of the QuickTime file in the Licensees post production environment, and to see if there are any video conflicts in such areas as pull down/NTSC field dominance. Note, the NTSC test clips are compressed to allow for watermarking of the footage, and are slightly softer in focus than the final clean clip to be downloaded. All preview and test clips are for evaluation only, and may not be used for any other purpose.
14. LIMITATION OF LIABILITY.
(a) Licensee agrees to defend, indemnify, and hold HD/DVcuts harmless against all liability, loss, damage, cost and expense, including reasonable attorneys' fees, paid or incurred by HD/DVcuts in connection with Licensee’s failure to comply with any part of this License. HD/DVcuts shall not be liable for security problems, damage or loss to other property, including but not limited to hardware, software or other due to problems that may arise from a download from the site.
(b)HD/DVcuts agrees to defend, indemnify, and hold Licensee harmless against all liability, loss, damage, cost and expense, including reasonable attorneys' fees, paid or incurred by Licensee in connection with HD/DVcuts failure to comply with any part of this License.
15. INJUNCTIVE RELIEF. HD/DVcuts’ only remedy for any violation or breach of this Agreement shall be money damages, and HD/DVcuts hereby expressly waives any rights to injunctive relief. Since it is difficult to determine damages resulting from unauthorized usage, in the event that Licensee utilizes any content in ways other than those set forth in this License, or Licensee fails to make any required payment prior to publication, HD/DVcuts agrees to forego its right to sue Licensee for copyright infringement if Licensee agrees to pay, as liquidated damages, a sum equal to ten (10) times the License fee of the content used for such unauthorized use within ten (10) days of Licensor's billing such fees.
16. RECORD COPY OF THIS AGREEMENT. Retain a copy of this License and all of its attachments on the date that the order is submitted and paid, so that the Licensee has a copy of the agreement between the parties. The Licensee's e-mail receipt is proof of License registration.
License Version: 2008.
Revision Date: January 29, 2008.
Copyright © 2008 HD/DVcuts. All rights reserved.
HD CutsTM DV/HD CutsTM and DV CutsTM are Trademarks of HD/DVcuts.
