IMPORTANT NOTICE: This is a legal Agreement between you and Motionstream.
Please read this document completely.
Questions on usage or rights should be directed to Motionstream at: info@motionstream.com.
Activation of License: Motionstream’s products are delivered to you on DVD-ROM in shrink-wrapped packaging. This Agreement is activated when you (an individual or single entity) break open the shrink-wrap seal on Motionstream’s package.
By breaking the shrink-wrap you accept all of the
terms and conditions of this License Agreement.
Grant of License: You (an individual or single entity) are granted a single non-exclusive, non-transferable, royalty-free, worldwide, perpetual license to use, reproduce, and modify Motionstream’s content for the creation of derivative works
for broadcast on, but not limited to: Digital signage, kiosk, narrowcast networks, video, CD-ROM, DVD, Webcast, podcast. and presentation.
Non-exclusive means that Motionstream will continue to sell its content to other individuals or entities and offers no protection that the work may appear in other public or private presentations.
Non-transferable means that you, the license holder, will use Motionstream’s content only for your own use, your client, or your employer.
Restrictions of License: Motionstream creates content for license as stock animation and stock images. When you license and use Motionstream’s content you agree to protect Motionstream’s intellectual property. You may not use our content, in whole or in part, for the creation of new stock content. You may not resell our content, in whole or in part,
as stock under another name or entity.
In addition, you (the Licensee) agree not to do any of the following:
1. Licensee may not modify this Agreement in any way.
2. Licensee may not sublicense, convey, or transfer this Agreement to a third party without written consent from Motionstream.
3. Licensee will not duplicate, transmit, or distribute Motionstream’s content to a third party, including but not limited to: via the Internet, direct mail, or retail outlet.
4. Licensee will not sell, rent, give, or lend Motionstream’s content to a third party.
5. Licensee will not upload or post Motionstream’s content online for access by a third party for download for the purpose of file sharing or for FTP transfer.
6. Licensee will take all reasonable steps to safeguard and prevent third parties from duplicating and distributing Motionstream’s content.
7. Licensee will not incorporate Motionstream’s content into a derivative work that may enable a third party to extract or access the content as a stand-alone file.
8. Licensee may not incorporate Motionstream’s content as part of a template that can be reproduced by a third parties.
Warranties: Motionstream warrants that it has the right to grant this license to you and to the best of our knowledge, the content of our DVD-ROMs and Website do not infringe on any rights of copyright or other intellectual property or proprietary rights of any third parties. Motionstream also warrants that the DVD-ROM disc is free from defects in materials and workmanship for 30 days following the receipt of the product.
The content is provided as is. Motionstream makes no warranty to you of any kind on the quality of the content or compatibility with other computer products. Should you receive a defective DVD-ROM, your sole remedy against Motionstream, shall be limited to replacement of the DVD-ROM. Motionstreams’s total liability for all claims arising under this agreement shall be limited to the fees received via your purchase price for our products.
Motionstream will not be liable to you for any consequential, incidental, direct, indirect, or other damages arising out of the license of the our content including any lost profits or any claim of a third party. Motionstream makes no other warranty, expressed or implied, including, without limitation, to any implied warranties of merchantability or fitness for a particular purpose.
Return Policy: All sales are final. Motionstream provides extensive motion previews, PDF files, and images on our Website. Please review our Website carefully before purchasing our products. Because DVD-ROM content can be easily copied. DVD-ROMs cannot be returned once they are opened. If you have received a defective DVD-ROMs, Motionstream will replace it. Please see the Warranties section of this Agreement.
Indemnification: Provided that the licensed content is used in accordance with this Agreement and licensee is not in breach of this Agreement, Motionstream shall defend, indemnify, and hold the licensee harmless from all damages, liabilities and expenses (including reasonable attorney’s fees), arising out of or connected with any actual or threatened lawsuit, claim, or legal proceeding.
Licensee shall defend, indemnify, and hold Motionstream and their respective officers, directors, and employees harmless from all damages, liabilities, and expenses (including reasonable attorney’s fees), arising out of or as a result of claims by third parties relating to licensee's use of any licensed content outside the scope of this Agreement or any other breach by licensee of this Agreement.
Amendments: Motionstream reserves the right to amend this Agreement at any time.
Enforceability: If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
Venue: This Agreement will be governed by the laws in force in the State of New York, USA, except its conflict of laws rules. Venue for any action respecting this Agreement, use, or attempted use of a Motionstream DVD-ROM product, shall be in the state and federal courts sitting in New York County, New York, and you hereby consent to the jurisdiction of such courts. This Agreement may not be assigned, nor modified by any purchase order, without Motionstream’s written consent.
September 25, 2007
This license is granted only to a registered user of Motionstream’s products purchased directly from Motionstream or from an authorized reseller. Your receipt is your proof of purchase. The purchase and usage of Motionstream’s products do not, in any way, transfer ownership or the rights to the contents, in whole or in part, to you. All content (images, animations, and documentation) are the copyrighted property of Motionstream. All rights not specifically granted to you by this Agreement are reserved.
