THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND FILMDISC.COM. BY DOWNLOADING OR USING ANY PRODUCT (THE CONTENT) FROM THE OUR WEBSITE OR BREAKING THE CD-ROM SEAL, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS, PROMPTLY RETURN CD IN ITS ORIGINAL PACKAGING WITHIN TEN DAYS, FOR A FULL REFUND.
1. GRANT OF LICENSE
This agreement covers all of Filmdiscs products and materials (herein referred to as "The Content") including, any photographic, motion video or film, animations, illustrations, or any other audio-visual representations recorded in any format, as well as the manner in which the Content is presented or appears, and user acknowledges that they are the property of Filmdisc.com.
If you are entering this agreement on behalf of your employer, the license granted and 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.
Filmdisc.com, Inc. grants you the non-exclusive, non-transferable license to use and modify The Content subject to the terms and conditions contained herein.
2. USER LICENSING:
This is a ten (10) person multi-license agreement, meaning ten people, including you, whether employees or contractors, may have access to modify or use in modified form, The Content. However, this is not a single use license. If The Content is to be placed on a network of servers, or used to create an image library, accessible to more then the ten,(10) designated individuals, then please contact Filmdisc.com at 1-866-322-7331, to obtain additional seat licenses.
You may not rent, lease, lend, sell or sublicense The Content to another company or entity not included in the ten designated users.
3. PERMITTED AND PROHIBITTED USES
You may incorporate The Content for use in your internal, personal, professional, editorial and client projects such as, video, film, broadcast, multimedia, live performance, electronic or print media, including advertising.
You may copy, back up or archive the image as necessary for internal use as stated above.
You may not use, bundle or sell, distribute, reproduce, display as stand alone backgrounds, or transfer the rights to the image, except as specifically provided for elsewhere in this agreement.
You may not place The Content in a downloadable format on the internet, post on an electronic bulletin board or use The Content on a Website with a resolution higher then 72 dpi.
You may not include the content in any other clip media or stock product library, collection or set of clips for distribution or resale.
You may not use or allow anyone to use any of The Content to create, pornographic, libelous, obscene, fraudulent, illegal, or defamatory material.
All The Content is Copyright Filmdisc.com, Inc. or its licensors and is protected by United States Copyright Laws, International treaty provisions and other applicable laws. No title or intellectual property rights in, The Content is transferred to you. Filmdisc.com, Inc. retains all rights not expressly granted by this license agreement.
You agree to indemnify, and hold Filmdisc.com, Inc. and its affiliates harmless against any and all claims or liabilities asserted against Filmdisc.com, Inc. arising out of the access to the Filmdisc.com website or The Content, or in any connection with the breach of any of the terms of this agreement
Filmdisc.com requests a credit line that reads "filmdisc.com".
7. LIMITED LIFETIME WARRANTY
Filmdisc.com, Inc. Warrants, The Content, to be free from defects in material and workmanship for as long as the end user owns the product. Under condition that Filmdisc.com, Inc. still has The Content readily available for use and distribution, the user may return any filmdisc.com damaged disc along with a copy of your original receipt, for a new disc providing the same content. Filmdisc.com, Inc. makes no other warranty either expressed or implied of merchantability, fitness for any particular use or compatibility with any computer or other kind of equipment. Neither, Filmdisc.com, Inc. or any of its trustees, agents, employees, representatives, or associates will be liable for any damages.
This agreement will be governed by the laws in force in the state of Deleware, USA. If any provision of this agreement is held to no be enforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms, You agree that the software will not be shipped, transferred or exported into any country or used in any manner prohibited by any export laws, restrictions or regulations.
Filmdisc.com, Inc. reserves the rights to amend this agreement at anytime.
This agreement shall automatically terminate upon failure by you to comply with its terms.