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RedHot Footage License Agreement

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REDHOT FOOTAGE LTD. ROYALTY-FREE END-USER LICENSE AGREEMENT

The following is a legal agreement between you and Redhot Footage Ltd. (“Redhot Footage”). Please read this Agreement carefully before purchasing and using any Redhot Footage royalty-free video clips or DVD collection (“Graphic”) from the Redhot Footage web site (the “Web Site”). Graphic includes any program, software, data, datastructure, objects or modules used to run or display the Graphic or animation. By using a Graphic or otherwise exercising the rights granted under this Agreement, you agree to be bound by this Agreement.

1. The Web Site could include technical or other mistakes, inaccuracies or typographical errors. You are solely responsible for determining whether your use of a Graphic or any related information is appropriate for your intended use and complies with any applicable laws or customs.

2. The Graphics and Web Site are copyrighted. All rights are owned by Redhot Footage, its licensors and content providers. All rights not specifically granted to you by this Agreement are reserved by Redhot Footage. Your license to use a Graphic is subject to the restrictions set forth in this Agreement, and is conditioned upon your payment of the purchase price for the Graphic prior to your use of a Graphic and your compliance with the terms of this End-User License Agreement. The license granted to you is not effective until payment is received and failure to pay will constitute willful infringement of copyright rights of the Graphic.

3. By this Agreement, Redhot Footage grants to you a non-exclusive, non-transferable right to use, publicly display and reproduce purchased Graphics from the Redhot Footage Web Site solely in the following ways, subject to the restrictions in Paragraph 4::

3.1 Electronic Uses: As a part of the graphic content of any electronic or digital materials, including screensavers, electronic greeting cards, wireless or PDA Web sites, web advertisements, banner ads, broadcast video and television, multimedia including film and video, kiosks, Powerpoint presentations and CD-ROMs, provided that each Graphic is incorporated into a design in such a fashion that it is clearly not intended to be downloaded or copied by the end-user, target audience or recipient of such Graphic.

3.2 Print Uses: In any printed, tangible materials including greeting cards, T-shirts, postcards, posters, phone cards, credit cards, templates, CD covers, cassette covers, board games, calendars, magazines, newspapers, resale products; advertising, editorials, catalogues, brochures, reports, disposable packaging, book covers, and educational text books.

4. “Non-transferable”, as used in Paragraph 3, means that the work you produce using a Graphic must be for your own use, or for the use of your direct employer, client, or customer, who must be the end-user of your work. You agree to take all commercially reasonable steps to prevent third parties from duplicating or distributing the Graphic and, to that end, you and your employers, clients, and customers may not:

4.1 sell, rent, loan, lease, give, sublicense, relicense, trade, exchange, make available for exchange or download, or otherwise transfer to anyone either the Graphic, or grant any other person the right to use the Graphic except insofar as a Graphic has been incorporated by you into one of the permitted uses enumerated in Paragraph 3;

4.2 provide or permit the use of the Graphic by way of a service bureau, application service provider or time share;

4.3 archive, republish or transmit the Graphic on any database;

4.4 copy or publish any Graphic to a network or bulletin board, or otherwise distribute or allow any Graphic to be distributed to or used by anyone other than authorized users and for permitted uses as specified in this Agreement;

4.5 ship, transfer or export any Graphic into any country or use any Graphic in any manner prohibited by any export laws, restrictions or regulations;

4.6 place the Graphic on computer or other storage device that is accessible by more than one user at a time via a network connection, wireless interface, or otherwise where the purpose is the exchange of Redhot Footage files or any other copyrighted material;

4.7 reverse engineer or decompile any Graphic;

4.8 apply for any intellectual property rights (including copyright or patent rights) in respect of the Graphic;

4.9 challenge or attempt to invalidate any of Redhot Footage’s intellectual property rights in the Graphic; and/or

4.10 use the Graphic in any unsolicited mass e-mail messages, in any usenet, Forum, listserv or the like where it is prohibited under the rules of the usenet, forum or listserv, or use the Graphic in association with any virus, trojan horse or the like.

5. Use of the Graphic in any material, program or application that is malicious, defamatory, obscene, pornographic, or promotes hatred toward any religious, racial or ethnic group, whether directly or in context or juxtaposition with specific subject matter, is strictly prohibited

6. You agree to indemnify, defend and hold Redhot Footage, the owner of the Graphic and the copyright holder, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney’s fees and expert fees, arising from the use of a Graphic, other than the uses specifically permitted by this Agreement, or any breach of this Agreement.

7. THE GRAPHIC IS PROVIDED “AS IS”. REDHOT FOOTAGE MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NONINFRINGEMENT, QUALITY OF GRAPHIC, OR COMPATABILITY WITH ANY COMPUTER HARDWARE OR OTHER EQUIPMENT, OPERATING SYSTEM OR SOFTWARE PROGRAM. SHOULD THE GRAPHIC NOT FUNCTION ACCORDING TO YOUR WISHES, REDHOT FOOTAGE’S ONLY RESPONSIBILITY AND LIABILITY UNDER THIS WARRANTY, AND YOUR SOLE AND EXCLUSIVE REMEDY WILL BE FOR REDHOT FOOTAGE TO, AT REDHOT FOOTAGE’S SOLE DISCRETION, PROVIDE YOU WITH ANOTHER COPY OF THE GRAPHIC, OR REFUND YOUR MONEY.

WITHOUT LIMITING THE FOREGOING, REDHOT FOOTAGE GIVES NO RIGHTS OR WARRANTIES WITH RESPECT TO (A) THE USE OF NAMES, TRADEMARK, LOGO TYPES, REGISTERED OR COPYRIGHTED DESIGNS OR WORKS OF ART DEPICTED IN ANY GRAPHIC AND (B) THE EXISTENCE OF MODEL OR OTHER RELEASES FOR ANY GRAPHIC UNLESS SUCH EXISTENCE IS SPECIFIED IN A SEPARATE WRITING BY REDHOT FOOTAGE, AND, THEREFORE, THE USER MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS, PERMISSIONS OR RELEASES AS MAY BE REQUIRED FOR REPRODUCTIONS ARE SECURED.

YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE OR INTERNATIONAL LAWS.

8. UNDER NO CIRCUMSTANCES WILL REDHOT FOOTAGE, ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, LICENSORS, OR AGENTS OR THE COPYRIGHT HOLDER OR THE OWNER OF THE GRAPHIC BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OF, OR THE INABILITY TO USE A GRAPHIC OR ANY ECONOMIC LOSS, INTERRUPTION OR LOSS OF SERVICE OR LOSS OF DATA IN ANY SYSTEM OR APPLICATION IN WHICH THE GRAPHIC IS USED, EVEN IF REDHOT FOOTAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIMIT OF LIABILITY (WHETHER IN TORT, CONTRACT, OR OTHERWISE) OF REDHOT FOOTAGE AND THE COPYRIGHT OWNER OF THE GRAPHIC ARISING OUT OF OR RELATING TO YOUR USE OF THE GRAPHIC(S) OR INABILITY TO USE THE GRAPHIC(S) EXCEED THE FEES PAID BY YOU FOR THE LICENCE OF THE GRAPHIC(S).

9. This Agreement, its validity and effect, shall be interpreted under and governed by the laws of the United Kingdom without regard to its conflicts of laws principles. If you are an agent for or an employee of a non-UK company but do business in or operate in a place of business in the United Kingdom, you expressly agree that any dispute regarding this Agreement shall be adjudicated within the United Kingdom.

10. In the event that one portion of this Agreement is unenforceable, the remainder of the Agreement will remain in full force.

11. If you require an amendment to this Agreement, please contact us. No amendment will be binding unless signed by both parties.

12. This constitutes the entire agreement between us. It supercedes any previous or collateral discussions or correspondence we may have had.

13. Redhot Footage reserves the right to add to or change the terms of this Agreement. Any changes will be posted to http://www.redhotfootage.com and it is your responsibility as a user to refer to the terms on accessing this service. Changes will be effective 3 hours after first posting to the Web Site and you will be deemed to have accepted any change if you continue to access the Web Site after that time.

14. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

15. Redhot Footage may terminate this Agreement and your license if you are in breach of any of these provisions, except for those terms and provisions which by their terms survive the termination hereof, including, but not limited to, Paragraphs 3 through 8. After termination your license under Paragraph 3 shall cease and you will stop all use or public display of the Graphic and any use or public display by your employers, clients or customers, including the deletion of the Graphic from all electronic and removable media.

16. This Agreement is not assignable or transferable by you.

If you are unsure of your rights under this Agreement, or if you wish to use a Graphic in a manner not permitted under this Agreement, please contact customer service by e-mailing us at enquiries@redhotfootage.com. We can arrange for a license upgrade if necessary.
 
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