This License Agreement (the “Agreement”) is entered into by and between ResFx, and you (the “Licensee”). This agreement becomes effective when you purchase and/or download a free product from ResFx.com.
ResFx Lifetime License
This is a license, not a sale. ResFx continues to own all content, graphics, sounds, video clips, and photographs (“Stock Files”) available on ResFx.com.
Subject to your acceptance of the terms of this agreement, ResFx hereby grants to you a non-exclusive, non-transferable, worldwide right to use the stock video clip(s), photograph(s), or visual representations (“Stock Files”) as follows:
You may use the Stock Files for nearly any project, including feature films, broadcast, commercial, industrial, and educational video, print projects, multimedia, games, and the internet, in perpetuity, as long as the Stock Files have been incorporated into any work with substantial value added by you.
Thus, you could incorporate Stock Files in promotional materials, packaging, web page design, broadcast, products for sale, electronic and print publication, comps, and layouts.
This Lifetime License applies to all paid products, as well as free products available on ResFx.com.
A Single-User license is granted by default when purchasing ResFx products. This type of license grants 1 User the right to use the Stock Files sold on ResFx.com. Licensee will select the type of license required during the Checkout Process at ResFx.com.
Volume Licensing is implemented in order to better assist Production Houses, Studios, and Schools in using ResFx products fairly. This type of license is required when any members of an organization will be working with the Stock Files or have access to the Stock Files through shared storage spaces such as a LAN, NAS, External Hard Drive or any other shared storage devices. Licensee will select the type of license required during the Checkout Process at ResFx.com.
Limitations of Use
The Stock Files may not be sold as stand-alone clips/stock files, or included in any other media/stock product, library, template, or collection for distribution or resale. The Stock Files may not be used, in part or in whole, as a trademark or service mark, nor may you claim any proprietary rights of any sort in the Stock Files, or any part thereof.
You may not make available some or all of the Stock Files on a web page or other display as a separate or downloadable reusable file, or disassemble, decompile, reverse engineer, translate, or otherwise decode the Stock Files for any reason whatsoever.
If you provide Stock Files or Derivative Works to a client as part of your work product, the client may not reuse the Stock Files or Derivative Works for any purposes other than a review of your work product without purchasing a separate license.
ResFx retains all right, title, and interest in and to the Stock Files not expressly granted by the License Grant above. Such rights are protected by the United States and International Copyright laws and international treaty provisions. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this agreement.
The license contained in this Agreement will terminate automatically without notice from ResFx if you fail to comply with any provision of the Agreement. Upon termination, you must immediately:
1) Stop using the ResFx Stock Files.
2) Return the ResFx Stock Files and all copies of it to ResFx.
3) Delete the ResFx Stock Files and all copies from all magnetic and digital media, and destroy all other copies.
Limitation of Liability
Under no circumstances will ResFx be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, or other loss) arising out of the use of or inability to use the Footage. In any event, the limit of liability of ResFx shall be the fee paid for the Stock Files by the Licensee.
No license for usage of Licensor’s Stock Files is granted until payment in full for the product has been received by the Licensor. Your use of the Stock Files must be in compliance with all applicable law, including but not limited to, laws and regulations relating to export, currency, and the law of moral rights.
The Licensor represents and warrants that it has the full power and authority to enter into this Agreement and to license the rights hereby granted. The Licensor agrees to indemnify and hold harmless Licensee against any claims or actions arising out of a breach of the foregoing warranty. This Agreement shall be governed by the laws of the State of California.