End User License Agreement for pedestrians-13483511553094 from /pedestrians.html
This End User License Agreement [hereinafter EULA] is a
legal agreement between you and bottledvideo.com [hereinafter
bottledvideo.com]. By using any Media Files from bottledvideo.com, you
agree to be bound by the terms and conditions of this EULA.
- Definitions
- "You" means any person or entity. If you are using a Media File as
part of your employment by another person or an entity, you means both
you and your employer. If you stop working for your employer, your
rights under this EULA may terminate but the rights of your employer
shall continue in full force and effect.
- "Media Files" are any images, films, and videos, including any
extract or portion thereof, in any format that are owned or controlled
by bottledvideo.com.
- "Royalty Free" means that, apart from the original licensing fee,
no future fee or compensation will become due to bottledvideo.com
provided that the Media Files are used only by a single user in
accordance with the terms and conditions of this EULA.
- "End-User" means the person or entity for whose use the Media File or any derivative product is ultimately intended.
- Grant of License
- You are granted a limited, non-exclusive, and non-transferable
Royalty Free license to use and modify the Media Files subject to the
terms and conditions of this EULA.
- Single User License
- A Media File may only be modified or used on one computer at any
one time. You may not rent, lease, lend, sell or sublicense a Media
Files to another person or entity. You may make one copy of the Media
File for your back up or archival purposes, provided you keep the copy
only for back up or archival purposes. Any derivative product you create
using a Media File must be for use by you, your employer, your client,
or your customer, who must be the end-user of your work.
- This is not a concurrent use license. Please contact
bottledvideo.com for a multi-user license if you need to use a Media
File over a network for multiple users.
- General Use Grant
- A Media File may generally be used and incorporated into any
derivative work such as a film, video, website, advertisement, live
performance, or presentation, and includes all rights for all media,
world wide, and in perpetuity.
- Restrictions on Products for Resale
- No Media File or any derivative work using or incorporating a
Media File may be used, sold, sub-licensed, reproduced, distributed,
displayed, incorporated into or otherwise made available as a
screensaver, template, background, stock element, effects imagery, or
file intended for download. Neither the Media File nor any derivative
work using or incorporating a Media File may be included in any library,
collection, or set of clips for distribution or resale. If the
derivative work is made available to the public, you agree to take
reasonable steps to prevent any third party from duplicating or
distributing any Media File included in the derivative work and to
notify bottledvideo.com in writing of the steps taken to prevent
unauthorized use. These Restrictions apply even if the Media File has
been significantly altered.
- No Defamatory Use
- No Media File may, under any circumstance, be used in a way to
defame, malign, slander, asperse, libel, or vilify the persons,
property, countries, races, customs, cultures, religions, governments or
military depicted in the Media File.
- No Implied Association or Endorsement
- If a Media File contains any incidental trademark, you may not
alter the Media File or use the Media File or any portion of the Media
File in any way to imply an association with or an endorsement by the
owner of such trademark. The inclusion of an incidental trademark in any
Media Clip does not imply an association with or endorsement of this
Media File. All trademarks remain the exclusive property of the holder
of any such trademark.
- If a recognizable person or talent is depicted in any Media File,
your use of the Media File or any derivative work using or incorporating
the Media File for commercial purposes may infringe a right of privacy
or publicity. Any appearance of any recognizable person or talent in a
Media File is incidental; therefore, if the intended use of the Media
File or your derivative work is commercial in nature, permission should
be obtained from the recognizable person or talent. You may not alter
the Media File or use the Media File or any portion of the Media File in
any way to imply an association with or an endorsement by any person
depicted in the Media File. If you intend to use the Medial File or your
derivative work for commercial purposes, you must obtain permission
from the recognizable person if the proposed use of material could be
viewed as a commercial exploitation.
- Audio included in any Media File is ambient in nature and is not
intended for any use. Any recognizable voice or musical composition
included in a Media File is incidental. bottledvideo.com provides no
license or authorization to use any audio contained in any Media Files.
You may not alter the Media File or use the Media File or any portion of
the Media File in any way to imply an association with or an
endorsement by the speaker or author of any musical compilation
contained in the Media File. If you intend to use the Media File or your
derivative work for commercial purposes, you must obtain permission
from the speaker or author of the musical compilation if your proposed
use of such audio could be viewed as a commercial exploitation. If you
intend to use the Media File for communicative and constitutionally
protected media purposes (i.e. reporting facts of historical
significance), then such uses will generally be considered not to
infringe such personal rights.
- Other Restrictions
- No Media File may, under any circumstance, be used in or in
conjunction with, or as part of pornographic, obscene, fraudulent,
libelous, infringing or illegal material. You may not reverse engineer,
decompile, or disassemble a Media File under any circumstance.
- Credit
- When incorporating any Media File in any derivative work, you must
include the bottledvideo.com copyright notice in the derivative work or
in the case of feature films and the like, include a credit line that
reads "Additional Footage by bottledvideo.com.com"
- Marketing and Promotion
- By using a Media File, you grant bottledvideo.com the right to
display any derivative work using or incorporating such Media File, in
any reasonable marketing, educational, and/or promotional purpose as an
example of customer usage. Upon receipt of your written request,
bottledvideo.com will identify you as the author of such derivative
work.
- Ownership
- All right, title and interest in the Media File, including any
updates or revisions thereto, remains the exclusive property of
bottledvideo.com, its licensors and their successors and assigns. Other
than the limited license explicitly set forth in this EULA, you have no
further or additional interest in, right, or license to any Media File.
Nothing contained in this EULA is intended to imply a transfer of any
interest in, right, or license to any Media File. All rights of any kind
in the Media File which are not expressly granted to you by this EULA
are entirely and exclusively reserved to and by bottledvideo.com.
- Limitation on Liability
- bottledvideo.com will not be liable to you for any general,
special, direct, indirect, consequential, incidental, or punitive
damages (including, without limitation, damages for loss of profits,
business interruption, loss of business information, or any other
pecuniary loss) arising out of your use of or inability to use any Media
File. bottledvideo.com entire liability and your exclusive remedy shall
be limited to the amount you paid for the particular Media File.
- Term and Termination
- This EULA shall be effective on the date you first download,
install or use, a Media File and shall continue in effect until
terminated. Any violation of the terms of this EULA shall be considered
material. All license rights granted pursuant to this EULA shall
automatically terminate upon your breach of this EULA. Your rights under
this EULA shall immediately terminate upon your cessation of business,
insolvency, assignment of assets, bankruptcy, or appointment of a
trustee for all or any portion of your assets. Upon termination of this
EULA for any reason, you shall immediately cease all use of any Media
File in your possession and immediately destroy all copies of the Media
File or return the Media File to bottledvideo.com.
- Warranty
- To the maximum extent permitted by law, bottledvideo.com expressly
disclaims all warranties or representations with respect to the Media
File and all implied warranties of merchantability or fitness for a
particular purpose.
- Severability
- If any term or provision of this EULA is invalid or unenforceable,
the remainder of this EULA shall not be affected thereby. Each term and
provision of the EULA shall be valid and enforced to the fullest extent
permitted by law.
- Applicable Law, Jurisdiction, and Venue
- This EULA shall be governed by and construed in accordance with
the laws of the State of Nevada, without regard to Nevada conflict of
laws principles. You and bottledvideo.com agree that any claim asserted
in any legal proceeding by you or bottledvideo.com against the other
shall be commenced and maintained exclusively in a state or federal
court located within Clark County, Nevada, having subject matter
jurisdiction with respect to the dispute between the parties (except
that a judgment by such courts may be enforced by any court). Both you
and bottledvideo.com hereby submit to the jurisdiction of such courts
over each of them personally in connection with such litigation, and
waive any objection to venue in such courts and any claim that such
forum is an inconvenient forum.
- Injunctive and Equitable Relief
- You agree that the remedy at law for any breach or threatened
breach of this EULA by you would, by its nature, be inadequate, and that
in addition to any available remedy at law, bottledvideo.com will be
entitled to equitable relief, including but not limited to a restraining
order, temporary injunctive relief, permanent injunctive relief, and/or
specific performance.
- Assignment
- You may not assign or otherwise transfer this EULA or any of your
rights hereunder without the prior written consent of bottledvideo.com. A
transfer of controlling interest in any entity shall constitute an
assignment.
- Entire Agreement
- This EULA is the entire agreement between you and bottledvideo.com
with regard to all use of any Media File. This EULA supersedes all
prior agreements, understandings, or representations with respect to the
Media File. This EULA may not be modified or amended except in a
writing signed by both parties. Any and all terms on your purchase order
are expressly disclaimed and shall be given no force or effect.
- This product is offered for sale to the U.S. Government with
Restricted Rights as set forth in DFARS 252.227-7013 and 48 CFR
52.227-19.
Contact Customer Support at support@bottledvideo.com