License Agreement
Classic Images Stock Footage License Agreement
This Agreement, as well as the Classic Images Stock Footage Site Terms and Conditions, Privacy Policy, and Invoice referenced herein (collectively, the "Agreement") is a legal agreement between the Licensee and Classic Images Stock Footage ("Licensor") and governs the terms and conditions by which Licensee obtains the right to download, obtain and/or use all film or video footage, still images and other audio/audiovisual recordings, in any format, obtained from or furnished by Classic Images Stock Footage hereunder, including, but not limited to, related metadata, text, captions, information, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (“Material”) from Licensor. Licensor may amend this Agreement, in whole or in part, and post this Agreement on the Classic Images Stock Footage Site at any time without advance notice. By ordering and paying for Licensed Material, Licensee and/or Purchaser indicate their acceptance of this Agreement and all terms and conditions and policies listed on the Classic Images Stock Footage Site.
ORDERING MASTER ELEMENT(S): Mark the in and out time codes and select the Material you need. Select the usage and term to determine cost. Download or receive by other means the Material you need after payment and licensing are completed.
LICENSE FEES: Classic Images Stock Footage LICENSE FEES vary depending on the type of production and specific use of the Licensed Material (See RATE CARD for fees) obtained from or furnished by Classic Images Stock Footage hereunder, including, but not limited to, related metadata, text, captions, information, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof, that Licensor licenses to Licensee under the terms of this Agreement. The LICENSE FEE for Licensed Material is computed on a per second basis and shall be billed per second of actual on-screen time with a TEN SECOND MINIMUM PER PRODUCTION (UNLESS OTHERWISE SPECIFIED IN YOUR INVOICE).
Prices may be negotiated for volume orders.
OTHER CHARGES: The LICENSE FEES for the Licensed Material do not include lab and shipping charges. If such charges are required by Licensor, then such charges shall be included in a separate custom order agreement with Licensor.
PAYMENT SCHEDULE: LICENSE FEES and lab and shipping costs are payable in full upon order of LICENSED MATERIAL. Any additional lab and shipping costs will be due, if necessary, upon delivery of the LICENSED MATERIAL to you.
If necessary, final billing will be made upon Classic Images Stock Footage review of the finished project. Fees will only be due if the Production type or specific licensed use or term changes or the Production exceeds the licensed usage amounts.
REFUNDS: If Licensee or Purchaser requests in writing to cancel this Agreement within 30 days of the date of receipt by Licensee or Purchaser of the Licensed Material, and such Licensed Material has not been used by Licensee, Classic Images Stock Footage may cancel this Agreement and issue up to 50% credit of the License Fee to Licensee's or Purchaser's account or credit card. The client must pay the duplication/lab, shipping costs and any other non-License Fee charges for all material ordered whether or not it is used in the final production. After 30 days from the date of receipt by Purchaser of the Licensed Material, all sales are final and non-refundable.
LICENSED MATERIAL DEFECTS: Classic Images Stock Footage supplies Licensed Material from the best available elements. Licensee should examine all Licensed Material for possible defects. Classic Images Stock Footage shall not be liable for any loss or damage suffered by Licensee or any third party, whether directly or indirectly, arising from any alleged or actual defect in any Licensed Material.
LICENSE CONDITIONS: Use of Classic Images Stock Footage Licensed Material is non-exclusive and subject to the terms and conditions of our Agreement. Licensed Material is licensed for one production only and may not be re-used or re-cut into another production or re-sold to a third party.
If required, the client (Licensee) is exclusively liable for any and all residuals, royalties, clearances, trademarks etc. The Licensee is not authorized to use any Licensed Material from Classic Images Stock Footage until all fees have been paid and the Agreement accepted (SEE LICENSE AND TERMS AND CONDITIONS).
SCREEN CREDIT: Licensee shall ensure that Classic Images Stock Footage receives a SCREEN CREDIT “Classic Images Stock Footage” in any production that contains credits and uses Classic Images Stock Footage Licensed Material.
COPYRIGHT / OWNERSHIP NOTICE: Unless otherwise specified in your Agreement, the license fee covers the use of LICENSED MATERIAL ORDERED BASED ON TOTAL SECONDS USED WITH A TEN SECOND MINIMUM IN ONE PRODUCTION ONLY (UNLESS OTHERWISE SPECIFIED IN YOUR INVOICE).
Additional license fees will be incurred for: 1) Using the Licensed Material or a part of the Licensed Material in more than one production; and /or 2) Using the Licensed Material in lifts and/or altering versions; and / or 3) Using the Licensed Material in any manner whatsoever for more than the TOTAL SECONDS LICENSED.
YOU MUST ACCEPT THE TERMS OF YOUR AGREEMENT AND YOU MUST PAY ALL FEES BEFORE LEGALLY USING LICENSED MATERIAL IN YOUR PRODUCTION.
USING LICENSED MATERIAL WITHOUT PAYING ALL FEES DUE AND WITHOUT OBTAINING THE CONSENT OF CLASSIC IMAGES STOCK FOOTAGE IS AN UNAUTHORIZED USE AND WILL SUBJECT YOU TO THE PENALTIES OUTLINED BELOW.
NOTICE: Classic Images Stock Footage has copyrighted material within its library. An unauthorized user will pay a fee of 10 times the regular license fee for any unauthorized duplication, distribution and / or usage of any Classic Images Stock Footage regulated and/or owned Material. In addition, such a user will pay to Classic Images Stock Footage any legal or other monies expended in CLASSIC IMAGES STOCK FOOTAGE’S efforts to obtain the license fee. Classic Images Stock Footage owns all digital and video elements and Licensee must return or destroy such elements upon completion of the project.
License Definitions:
In this Agreement the following definitions apply:
1 "Invoice" means the website-generated or standard printed form invoice provided by Classic Images Stock Footage listing the company and the terms agreed with the Licensee including the Licensed Material, the type of use and name of Production, the covered term and territory of the license and delivery method of Licensed Material. The Invoice shall be incorporated into this Agreement and all references to the Agreement shall include the Invoice.
2 “Material” means all film footage, video footage, still images and other audio/audiovisual recordings, in any format, obtained from or furnished by Classic Images Stock Footage hereunder, including, but not limited to, related metadata, text, captions, information, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof.
3 “Licensed Material" means all film footage, video footage, still images and other audio/audiovisual recordings, in any format, obtained from or furnished by Classic Images Stock Footage hereunder, including, but not limited to, related metadata, text, captions, information, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof, that is licensed to Licensee by Licensor under the terms of this Agreement. Any reference in this Agreement to the Licensed Material shall be to all Licensed Material individually and as a whole.
4 “Licensee" means the entity purchasing a license hereunder or, if there is a separate Purchaser, the entity specifically designated as Licensee during the purchase process and set forth as such in the Invoice.
5 "Production" means the final work or any internal or external project and/or product that are created by or on behalf of Licensee using the Licensed Material as authorized by this Agreement.
6 "Purchaser" means an entity purchasing the license hereunder on behalf of a third-party Licensee.
7 "Terms and Conditions" means the information available to Licensee at the time Material is ordered either on the Classic Images Stock Footage web site (“Site”) or in writing from Classic Images Stock Footage personnel and such information may also be found in the Invoice. Terms and conditions may include, but not be limited to, the permitted use, the term and territory or any other use conditions and restrictions as applied to the Licensed Material. The Terms and Conditions shall be incorporated into this Agreement and all references to the Agreement shall include the Terms and Conditions.
THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN CLASSIC IMAGES STOCK FOOTAGE (“LICENSOR”) AND THE LICENSEE.
LICENSEE, PURCHASER (IF ANY) AND LICENSOR WILL BE THE PARTIES ENTERING INTO THIS AGREEMENT. THIS AGREEMENT APPLIES TO LICENSES ISSUED VIA THE SITE AND / OR VIA SALES REPRESENTATIVES, AND IS APPLICABLE TO ONLINE, DIGITAL AND ANALOG (PHYSICAL) DELIVERY OF LICENSED MATERIAL.
BY ORDERING A LICENSE, LICENSEE AND, IF APPLICABLE, PURCHASER, CONFIRM THAT THEY HAVE THE CAPACITY TO FORM A CONTRACT UNDER THEIR LOCAL LAWS AND WARRANT AND REPRESENT THAT THEY ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT. If you do not have such authority or you do not accept or agree with these terms, do not accept this Agreement and do not download the Material.
By selecting the box at the end of this Agreement “I Agree” or by other means signifying your acceptance, you accept this Agreement and agree to be bound by its provisions.
CLASSIC IMAGES STOCK FOOTAGE NON-EXCLUSIVE LICENSE AGREEMENT
Effective date: January 2020
Classic Images Stock Footage, (hereinafter referred to as the "Licensor") does hereby grant the non-exclusive right and license to Licensee and its parent and/or affiliate companies, subsidiaries, successors and assigns (hereinafter collectively referred to as the "Licensee"), to use the Licensed Material as specified on the Invoice for the sole purpose of incorporating said Licensed Material into one type of use, with the title of such use and the covered term and territory as set forth in the Invoice (hereinafter referred to as the "Production").
Licensed Material may appear in this single Production only in accordance with the terms and conditions hereinafter set forth:
1) PAYMENT SCHEDULE: Licensee shall make all the following payments to Licensor.
1.A) License fee: Licensee expressly acknowledges, accepts and agrees that Licensee shall pay the licensing fee in U.S. Dollars in full upon Licensee’s order of Licensed Material as listed on the Invoice; provided that such licensing fee shall be emailed by Licensor to Licensee prior to the processing of the Invoice.
2) Upon reasonable notice, if Licensor requests to verify usage, Licensee shall return a digital copy or a usage report of the finished Production which utilized Licensed Material, to Licensor, upon completion of the Production.
3) Licensor will send final billing, if deemed necessary by Licensor in Licensor’s sole discretion, upon Licensor's review of the finished Production and Licensee shall pay such billing only if the Production has exceeded the usage amounts or terms and conditions outlined in the Invoice.
4) Licensee may only use the Licensed Material for the purpose specified in the Invoice and may not sell or reuse the Material without Licensor’s written permission. Licensee's rights in the Licensed Material shall be non-exclusive.
5) All Licensed Material listed in the Invoice is delivered upon the express understanding, to which Licensee agrees by acceptance of such Licensed Material, that Licensor warrants nothing except its title to the Licensed Material and that Licensee assumes full responsibility for any use which it may make of such Licensed Material or of any material contained therein. Licensor represents that it has the legal right to enter into this Agreement. Licensor will indemnify, defend and hold the Licensee harmless against any liability, loss or damage including reasonable attorney's fees and court costs arising out of or in connection with any such claim or any breach of its warranties hereunder.
6) All Licensed Material licensed hereunder is delivered upon the express understanding, to which Licensee agrees by acceptance of such Licensed Material, that, except as specifically otherwise provided in paragraph 5, above, Licensee assumes full responsibility for any use which it may make of such Licensed Material or of any material contained therein, and that Licensee will indemnify and hold Licensor and its suppliers harmless against any liability, loss or damage arising out of or in connection with any such use or the license of such Licensed Material to Licensee except for claims arising from any breach of Licensors representations in paragraph 5 above. This indemnification shall include, but not be limited to, reasonable attorney's fees and court costs.
7) Licensee shall pay, and shall be exclusively liable for, any and all clearances for locations, trademarks, logos, music, professional organizations, leagues, events rights holders, unions, guilds and appropriation of likeness of any individual in a commercial use, model fees etc., if any, required to clear the usage of any Licensed Material utilized in the Production and hereby accepts full responsibility for all clearances and underlying rights required for Licensee's usage of the Licensed Material.
8) If the Production utilizes credits, Licensee will ensure that Licensor receives credit as “Classic Images Stock Footage” in any Production that utilizes or contains Licensor’s footage.
9) Licensor does not authorize final usage of the Licensed Material until Licensee’s authorized signatory has accepted this Agreement by selecting the box at the end of this Agreement “I Agree” or by other means and until Licensor receives Licensee’s payment signifying that Licensee accepts this Agreement and agrees to be bound by its terms and conditions.
10) In the event of any dispute arising hereunder, such dispute shall be determined under the laws of the state of California and be submitted for resolution to the American Arbitration Association, pursuant to their rules then in force, in the city of Los Angeles, California. The prevailing party of such decision shall be entitled to recover any and all attorney's fees.