GLIX Royalty Free (RF) License Agreement End User License Agreement (EULA)
SBH IMAGES LIMITED LIABILITY CORPORATION
GLIX Royalty Free (RF) License Agreement End User License Agreement (EULA)
This legal agreement applies to Royalty Free content (image, video, vector illustration, sound, after effect and other digital media) purchased online and/or on any data carrier (eg. CD ROM, VCD (virtual CD), hard drive, flash drive) hereafter called “the Content”. This is a legal agreement between you, hereinafter referred to as “the Licensee”, and SBH Images Kft., hereafter called “GLIX”. By using the Content you agree to be bound by this licence.
If you are entering this agreement on behalf of your employer, the licence granted and restrictions and limitations recited herein apply to your employer as well as to you as a representative of your employer. Should you cease working for your employer, your employer may continue to operate under this Agreement.
1. Grant of Rights
1.1 GLIX grants to the Licensee a non-transferable, non-exclusive licence to use the Content, in consideration of the obligations, warranties and undertakings of the Licensee in this Agreement, and subject to and conditional upon their full and timely performance and observance.
1.2 This licence permits the following uses of the Content: You may use the Content in your personal, professional, editorial and client projects including printed materials, advertisements, packaging, presentations, film, video, commercials for television broadcast, online or multimedia projects, computer games and web designs.
1.3 The Content may be accessed and used by up to 10 employees of the Licensee, on a computer network. For sharing on larger networks, an upgrade licence is required.
As default up to 10 people may manipulate or otherwise use the Content to create layouts or other end uses. There is no limit to the number of employees or contractors who may view the Content.
Unlimited Seats option: All employees and contractors in a single organization (worldwide) may manipulate or otherwise view and use the Content. Please approach GLIX (email@example.com) for this purpose.
You may make one copy of the Content solely for backup or archival purposes or transfer the Content to a single hard drive, provided that you keep the original and accompanying documentation in your possession.
1.4 Retention of Rights to the Content: You will not acquire, and we and/or our Content supplier and/or licensor will retain, all right, title, and interest in and to all of the copyrights, trademarks, trade secrets and other proprietary rights in the Content or Information regarding the Content that we provide that are not expressly granted to you by the terms of this Agreement. The License does not include the right to record a new performance of Content or the composition reflected thereby.
1.5 Audio in Video Clips: For Content that is film, video footage or any other audiovisual work, any music, dialogue or other ambient audio contained therein is incidental only; accordingly, you are solely responsible for obtaining any additional clearances relating to any of the audio that may be required.
2. Licence Restrictions and Warranties
2.1 The Licensee warrants and undertakes not to assign or license the use of the Content or any portion thereof for any purpose other than those purposes specifically agreed between GLIX and the Licensee under this Agreement. The Content may not be resold or otherwise made available for use or distribution separately or detached from a product or web page. The Licensee may not loan, rent, hire or otherwise transfer or purport to transfer the right to use the Content in any way to any other person or entity, including but not limited to: the design of websites, digital cards, business cards or any other digital or print media.
2.2 Use as a logo, trademark or service mark is not permitted.
2.3 The Content may not be placed on any electronic bulletin board, or online in a downloadable format, or used in a Website at a resolution higher than 72dpi.
2.4 You may not under the terms of this Agreement use the Content in commercial products where the Content make up a significant part of the re-sale value of the product (i.e., postcards, posters, calendars, etc.). For such usages of the Content you must acquire an Extended Onetime Commercial Product Content Licence from GLIX. Please contact GLIX (firstname.lastname@example.org) for this purpose.
2.5 It is forbidden to use the Content or portions of them for the production of pornographic, defamatory, libelous or defamatory materials, or allow this to other parties, whether directly or in context or juxtaposition with other materials. In connection with a subject that would be unflattering or unduly controversial to a reasonable person, including but not only: sexual issues, AIDS, serious physical or mental diseases, drug abuse, etc., the Licensee must accompany each such use with a statement that indicates that the person is a model and that the Content are being used for illustrative purposes only. If the Licensee intends to use the Content for such sensitive issues, then he is obliged to inform and ask for permission of such application with GLIX beforehand.
2.6 The Licensee accepts and warrants that the use of the Content shall not infringe any third party rights, of any nature, and any liability for the infringement of third party rights, of whatsoever nature, shall rest with the Licensee. GLIX grants no rights and makes no warranties with regard to the use of names, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in the Content, and Licensee must satisfy itself that all the necessary rights or consents regarding any of the above, as may be required for reproduction, have been obtained.
2.7 This Agreement is valid until its end. This Agreement terminates automatically upon failure by the Licensee to comply with its terms.
3. Special Provisions
3.1 Restrictions on All Audio Content: You may not do any of the following regarding any Audio Content:
i) use it in whole or part to manufacture, distribute or sell records, CDs, jukeboxes, mp3s or any other predominantly audio product embodying it, in whole or in part, that is not synchronized or combined with other audio or musical content to create a derivative work as permitted in this Agreement (for example, you cannot use it to create a CD or other music compilation to give away or sell);
ii) place it on or in any product or platform that makes it available in a manner such that a person can without extraordinary effort extract or access or reproduce it as an electronic file;
iii) use or display it in whole or part in an electronic format that enables it to be accessed or distributed or shared in any peer-to-peer or similar file sharing arrangement;
iv) resell it in whole or part as backgrounds, “hold“ music or ringtones;
v) incorporate it in whole or part in any product or platform that results in its re-distribution or re-sale (such as music download sites, stock music CDs, electronic greeting card web sites, web templates and the like); or
vi) use it in a design template application intended for resale, whether on-line or not, including a website template or electronic greeting card template.
3.2 Audio Content Cleared for Sampling: For Audio Content designated on the Website as being "Cleared for Sampling", you may do any of the following:
i) edit, modify, or alter it;
ii) use it in whole or part without synchronization or other combination with other original work(s) of authorship so that the combination constitutes a Production;
iii) use it, in whole or in part, as an element of a new musical work (e.g., by combining the Audio Content with other work so that a copyright can be claimed in the resulting song); or
iv) modify it, in whole or in part, so that a copyright can be claimed in the resulting song) other than as part of a Production that consists of an audio visual work, computer or mobile device application or an internet page.
3.3 Restrictions on Audio Content Not Cleared for Sampling: Unless the Audio Content is designated on the Website as being "Cleared for Sampling", you may not do any of the things mentioned in paragraph above tilted “Audio Content Cleared For Sampling” ; provided that you may do basic editing (e.g., setting fade-in/fade-out points, determining start and end points, or using only a portion of it), in a way that does not alter its fundamental character, harmonic structure, lyrics and/or melody or prejudice of the un-waivable moral rights of the artist(s).
3.4 No reverse Engineering: For 3D model or after effects Content, you may not reverse engineer, decompile, or disassemble any part of any source code contained within the Content or avoid, bypass, remove or impair any technological measure that limits access to the Content.
4.1 The Content are copyright © GLIX and/or its licensors. The Content are protected by Copyright laws, international treaty provisions and other applicable laws. No title or intellectual property rights in the Content are transferred to the Licensee.
4.2 The Licensee shall ensure that all copies of the Content published and distributed by the Licensee shall contain full notice that the copyright is retained by GLIX
5. Limited Warranty
5.1 GLIX warrants for a period of 60 days from delivery that the Content is free from defects in material and workmanship. Your sole and exclusive remedy for a breach of this warranty is the replacement of the Content or a refund of the purchase price, at the option of GLIX. GLIX makes no other warranty nor agrees any other condition, representation or undertaking, either express or implied, of any nature, including as to merchantability, satisfactory quality, fitness for any particular use or compatibility with any computer or other kind of equipment. None of GLIX, its Content source and licensors, or any of its or their agents or employees shall be liable to any distributor or other reseller, customer, end user or other person or any indirect, incidental, special or consequential damages (including loss of profit, business, revenue, goodwill or anticipated savings) or legal claim or action resulting from its performance or non-performance of this Agreement, any issue relating to legal rights, or the use of, or inability to use the Content provided under this Agreement or arising (or which might be claimed) under any other cause of action or theory of claim.
It shall constitute repudiation by the Licensee of its obligations under this Agreement if:
6.1 The Licensee fails to pay any amount due under this Agreement within 10 working days of the due date.
6.2 The Licensee is in breach of any other term of this Agreement.
6.3 Any of the Licensee's representations shall prove to have been incorrect.
6.4 The Licensee is declared or becomes insolvent or bankrupt, or the Licensee is put into examinership, receivership, administration or liquidation. GLIX reserves the right to accept such repudiation on the part of the Licensee and to determine the licence Agreement forthwith and to demand the immediate return of all Content in whatever form supplied or held created or produced by the Licensee.
7. General Provisions
7.1 The provisions of this Agreement shall be governed by and construed in accordance with the laws of the Republic of Hungary, whose courts shall be the courts of sole jurisdiction in relation to this Agreement. Notwithstanding the foregoing, GLIX shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against Licensee.
7.2 This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. 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.