Read the entire end user license agreement below
Single User & Multi User
End User License Agreement
This End User License Agreement (this “Agreement”) is entered between Visual FX Pro Ltd., which own and operates visualfxpro.com (the “Licensor”) and you (the “Licensee”). This agreement becomes effective when you purchase and/or download a free product from visualfxpro.com.
Scope of License
Licensor hereby grants Licensee a non-exclusive, non-transferable, worldwide right to use the stock-footage elements (the “Digital Products”). Except as explicitly provided herein, Licensee shall not: (1) make available nor distribute all or part of the Digital Products to any third party by assignment, sublicense, or by any other means; (2) copy, adapt, reverse engineer, decompile, disassemble, or modify, in whole or in part, any of the Digital Products; or (3) transfer the license to other users. Licensee will have the right to use the Digital Products for any project, including feature films, broadcast, commercial, promotional, materials, packaging, web page design, broadcast, products for sale, electronic and print publication, comps, and layouts industrial, and educational video, print projects, multimedia, games, and the internet, in perpetuity, as long as the Digital Products have been incorporated into any work with substantial value added by the Licensee.
Price and Delivery
Licensee shall pay $_____ (the “Price”) for the Digital Products. Payment shall be made by Licensee to Licensor in full at the time of purchase. As soon as the payment is credited to Licensor, the Licensee will receive an email with the download link of the Digital Products.
Types of Users
Single-User (Default) A Single-User license is granted by default when purchasing Digital Products from Licensor, wherein company grants 1 User the right to use the Digital Products. Licensee will select the type of license required during the Checkout Process.
Multi-User (Volume) Volume Licensing is implemented in order to better assist production houses, studios, and schools in using the Digital Products fairly. This type of license is required when any members of an organization will be working with the Digital Products or have access to the Digital Products 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.
The Digital Products is protected by copyright and/or trademark laws and international treaties and is the exclusive property of Licensor. Licensee does not gain ownership of the Digital Products under this Agreement and may not extend any rights to any third parties except as expressly provided herein. The structure, organization, and the code of the Digital Products are trade secrets of Licensor and Licensee agrees to treat them as such.
"Confidential Information", shall mean the Digital Products and terms and conditions of this Agreement. Licensee acknowledges the confidential and proprietary nature of the Confidential Information and agrees that it shall not reveal or disclose any Confidential Information for any purpose to any other person, firm, corporation, or other entity, other than Licensee's employees with a need to know such Confidential Information to perform employment responsibilities consistent with Licensee's rights under this Agreement. Licensee shall safeguard and protect the Confidential Information from theft, piracy, or unauthorized access in a manner at least consistent with the protections Licensee uses to protect its own most confidential information. Licensee shall inform its employees of their obligations under this Agreement and shall take such steps as may be reasonable in the circumstances, or as may be reasonably requested by Licensor, to prevent any unauthorized disclosure, copying or use of the Confidential Information. Licensee acknowledges and agrees that in the event of the Licensee's breach of this Agreement, Licensor will suffer irreparable injuries not compensated by money damages and therefore shall not have an adequate remedy at law. Accordingly, Licensor shall be entitled to a preliminary and final injunction without the necessity of posting any bond or undertaking in connection therewith to prevent any further breach of these confidentiality obligations or further unauthorized use of Confidential Information. This remedy is separate and apart from any other remedy Licensor may have.
Licensee shall notify Licensor immediately upon discovery of any prohibited use or disclosure of the Confidential Information, or any other breach of these confidentiality obligations by Licensee and shall fully cooperate with Licensor to help Licensor regain possession of the Confidential Information and prevent the further prohibited use or disclosure of the Confidential Information.
The Digital Products is non-returnable and non-refundable. Licensor warrants that the Digital Products will perform properly and substantially in accordance with any provided documentation for the ten (10) day period following Licensee’s payment and receipt of the Digital Products. To make a warranty claim, Licensee must assert such claim in writing to Licensor within the ten (10) day period. If the Digital Products does not perform properly and substantially in accordance with the documentation, the entire and exclusive liability and remedy shall be limited to either, at Licensor’s option, the replacement of the Digital Products or the refund of the license fee Licensee paid for the Digital Products. Licensor and its suppliers do not and cannot warrant for the performance or results Licensee may obtain by using the Digital Products. The foregoing states Licensee’s sole and exclusive remedies for Licensor’s or its suppliers’ breach of warranty. Except for the stated limited warranty, Licensor and its suppliers make no warranties express or implied, as to non-infringement of third-party rights, merchantability, or fitness for any particular purpose. In no event will Licensor or its suppliers be liable to Licensee for any consequential, direct or indirect, incidental or special damages, including any lost profits or lost savings, even if a Licensor representative has been advised of the possibility of such damages, or for any claim by any third party. This warranty does not affect any claims Licensee might have against any third-party retailer.
Licensee Agrees to indemnify and hold Licensor harmless from and against any claims or damage which may result from a breach of this Agreement.
Limitation of Liability
LICENSOR SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF LICENSOR TO LICENSEE FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE LESSER OF THE AMOUNT PAID TO LICENSOR BY LICENSEE UNDER THIS AGREEMENT
Licensor has the right to terminate this Agreement, and all granted usage rights immediately if Licensee fails to comply with any of the terms of this Agreement. Upon termination, Licensee must immediately destroy the originals and any copies of the Digital Products and documentation.
If any part of this Agreement is held to be illegal or unenforceable, the validity or enforceability of the remainder of this Agreement shall not be affected. This Agreement will be binding upon and inure to the benefit of the parties hereto, their respective successors and assigns. Licensee may not assign its rights or obligations under this Agreement without the prior written consent of Licensor. Failure by either party to exercise any right or remedy under this Agreement does not signify acceptance of the event giving rise to such right or remedy. This Agreement will be governed by and construed in accordance with the laws of England and Wales. The parties hereby consent to the jurisdiction of the courts of England and Wales for the purpose of any action or proceeding brought by either of them in connection with this Agreement. Unless otherwise agreed to by the parties, any notice required or permitted to be given or delivered under this Agreement shall be delivered to the address set forth in this Agreement. Notice shall be deemed to have been received by any party, and shall be effective, (i) on the day given, if personally delivered or if sent by confirmed facsimile transmission, receipt verified or (ii) on the third day after which such notice is deposited, if mailed by certified, first class, postage prepaid, return receipt requested mail. This Agreement comprise the entire agreement between the parties regarding the subject matter hereof and supersedes and merges all prior proposals, understandings, and all other agreements, oral, and written between the parties relating to the Agreement.