RocketStockLicensingAgreement.pdf

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This is an agreement between SHUTTERSTOCK MUSIC CANADA
ULC, doing business as RocketStock.com (“RocketStock”) and
you, the licensee (“you”). If you are entering into this agreement
on behalf of a company or other legal entity, you represent that
you have the authority to bind such entity to these terms and
conditions, in which case the terms “you” or “your” shall refer
to such entity.
By using our website and/or purchasing one of our licenses,
you agree to be bound by the terms and conditions of the
following End User License (the “Agreement”):
Definitions
For the purpose of this Agreement, the following definitions will
apply:
A “Product” is any item licensed through RocketStock.com,
including but not limited to templates, graphics packs, audio
files and motion design projects which are compatible with the
Adobe After Effects® software application.
A “New Media Project” is a production which makes use of new
media or multimedia platforms, and includes but is not limited
to online videos, videos on social media, company websites,
video sharing sites, Internet advertisements, corporate training
videos, online tutorials, e-learning tools, slideshows, internal
corporate presentations and films.
RocketStock Non-Exclusive ‘Unlimited License’
RocketStock hereby grants you a personal, non-exclusive,
perpetual, worldwide right to use each Product licensed by you
in an unlimited number solely in New Media Projects created by
you. In consideration of such license, you hereby agree to pay
RocketStock a certain license fee according to our website
rates. Please see our license page for current pricing.
Limitations of Use
You may not:
sell, assign, transfer, share, sublicense or otherwise
redistribute any Product, or the right to use any Product,
to any third party, except solely as embodied within a New
Media Project created by you;
sell, assign, transfer, share, sublicense or otherwise
redistribute any Product in a manner that is competitive
with RocketStock.com, including as, or as part of, a digital
template;
charge a client or third party for customization services for
less than the cost of the actual Product;
represent, expressly or by way of reasonable implication,
that any Product was created by you or a person other
than the copyright holder(s) of that Product;
use a Product in connection with any New Media Project
that is pornographic, defamatory, or could be considered
libelous, obscene, or illegal;
use a Product in a manner that infringes upon any third
party’s trademark or other intellectual property right, or
would give rise to a claim of deceptive advertising or
unfair competition; or
use a Product, or any part thereof, as a trademark, service
mark, logo, or other indication of origin;
render the Product through a service that allows a third
party to customize a digital or physical product to their
specific needs, such as an “on demand”, “made to order”
or “build it yourself” service.
Ownership
You hereby acknowledge that RocketStock is and remains the
owner of all right, title and interest in each Product licensed by
you, including without limitation any copyrights therein. Each
Product is protected by and subject to Canadian and
international copyright laws. RocketStock retains the right to
sell licenses to the Products to third parties at its discretion.
Warranties and Representations
All Products are provided “as is” without warranty of any kind,
either express or implied, including, but not limited to the
implied warranties of non-infringement, merchantability, or
fitness for a particular purpose.
Notwithstanding the foregoing, RocketStock warrants that it has
the right to grant the license granted hereunder.
Limitation of Liability
In the event of a claim arising from the use of a Product,
RocketStock’s total liability to you under this Agreement shall
be limited to the fee paid hereunder by you to RocketStock for
the license to such Product.
In the event that RocketStock gets a notice that any Product
may be subject to a claim of infringement, upon notice from
Rocketstock, you will immediately stop using the Product,
delete or remove the Product from your premises, computer
systems and storage (electronic or physical), and ensure that
your clients do likewise. In such event, RocketStock’s sole
obligation will be to provide you with a comparable Product
(which comparability will be determined by RocketStock in its
reasonable commercial judgment) free of charge, but subject to
the other terms and conditions of this Agreement.
Availability
RocketStock makes no representations or warranties that all
Products will be available at all times. RocketStock may
discontinue licensing certain Products at its sole discretion.
Taxes
Except for purchases made within the Canadian territories, fees
charged by Rocketstock hereunder do not include any taxes,
duties or other government charges. You are solely responsible
for any such taxes, duties or other charges, including without
limitation, sales and use taxes and value added taxes.
General Provisions

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