Fotosearch Royalty Free Stock Photography
Digital images licensed by Publitek, Inc.
Fotosearch and Photosearch are trademarks of Fotosearch, LLC
All rights reserved © 2020-11-26
1. The Licence
1.1 OmniMovi Ltd of 56 Grosvenor Street, London, W1K 4QW (the “Licensor”) (which expression shall include its subsidiaries, agents, successors and assigns) is authorised to licence the images / footage contained on this CD/DVD (the “Clips” / “Stills”) and upon opening the sealed package and/or running the CD/DVD on the Licensee’s computer, the Licensee accepts a non-exclusive, non-transferable Licence to use the Clips/Stills upon the terms and conditions herein.
1.2 This Licence entitles the Licensee to use the Clips/Stills on a worldwide, royalty free basis without limitation of time.
1.3 The Clips/Stills are protected by copyright and must not be sub-licensed, re-sold or otherwise distributed by you except as an integral, indivisible part of a lawful product produced by you. For the avoidance of doubt and without limitations to the generality of the foregoing, the Clips/Stills may not be made available (whether as part of an internet web page, CD Rom or other form of digital distribution) in a separately downloadable format otherwise than as part of the whole product.
1.4 The Clips/Stills may not be used in a context that is obscene, defamatory of any person, infringes rights of person or privacy or intellectual property rights of any third party or is otherwise unlawful.
1.5 The Clips/Stills may be used in a context which is potentially unflattering of any model featured in the Images controversial but lawful provided that a disclaimer in the form “Sequence/Image posed by model(s)” is displayed prominently where the Image includes a depiction of a person or persons.
1.6 The Licensee must prominently display a credit in the form of “? ReelLife” in conjunction with the Images wherever used together with a director’s credit where Images are supplied with such director’s credit.
2. ACCEPTANCE OF THIS LICENCE
2.1 The terms and conditions of this Licence are deemed to be accepted by the parties as follows:-
2.1.1 by the Licensor upon despatch/delivery by the Licensor of this package;
2.1.2 by the Licensee direct or to the Licensor’s agent or distributor as the case may be; and
2.1.3 by the Licensee by breaking the seal of the sealed package and/or running the CD/DVD on a computer system.
The Licensee shall indemnify and keep indemnified the Licensor from any and all actions, proceedings, claims, demands, costs (including legal costs) or damages arising either directly or indirectly as a result of the Licensee’s use of the Images or a breach by the Licensee of any term of this Licence.
4. LIMITATION OF LIABILITY
4.1 The Licensor warrants that the CD/DVD shall be free from operational defects for a period of 90 days from the date of purchase provided there has been no abnormal use of the CD/DVD.
Your sole and exclusive remedy for a breach of this warranty shall be the replacement of the CD/DVD by the Licensor or a refund of the price paid by the Licensee at the Licensor’s sole discretion.
4.2 The Clips/Stills are supplied by the Licensor on an “as is” basis and the Licensor makes no warranty either express or implied of satisfactory quality, fitness for purpose or compatibility. All warranties whether express or implied are excluded to the fullest extent permissible by law.
4.3 The Licensor shall not be liable to the Licensee for any loss of profit or any indirect special or inconsequential loss, damage, costs or expenses howsoever caused and the Licensor’s entire liability whether arising from breach of contract, tort or otherwise shall not exceed the price paid by the Licensee for the CD/DVD except as expressly set out in this Licence.
4.4 Notwithstanding any other provision of this Licence, nothing herein shall operate to exclude or limit the Licensor’s liability in respect of fraud or death or personal injury caused by the Licensor’s negligence.
5.1 This Licence is governed by the laws of England and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.
5.2 The terms of this Licence shall constitute the entire agreement between the parties and shall not be varied other than by instrument in writing signed by both parties.
5.3 No failure or delay by the Licensor in exercising any of its rights under this Licence shall be deemed to be a waiver of that right and no waiver by the Licensor of any breach by the Licensee shall be considered as a waiver of any subsequent breach of the same or any other provision.
5.4 The parties do not intend any third party to have the right to enforce any provision of this Licence under the Contracts (Rights of Third Parties) Act 1999 or otherwise.