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Looped Video: 861
Video Clips: 31
Interface FX: 22
Transparent Effects: 9
Flash Effects: 11
Viewed: 3551324
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License Agreement
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ADVANCEFLASH LICENSE AGREEMENT
THIS IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY) AND ADVANCEFLASH,
AND ITS SUBSIDIARIES AND AFFILIATES (“ADVANCEFLASH”). THIS AGREEMENT
IS GOVERNED BY THE INTERNAL SUBSTANTIVE LAWS OF THE STATE OF CALIFORNIA
(AND NOT BY THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE
INTERNATIONAL SALE OF GOODS, AS AMENDED). BY INSTALLING OR USING THE DIGITAL MEDIA FILES,
YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT
AGREE TO THE TERMS OF THIS AGREEMENT, REMOVE THE PRODUCT FROM YOUR HARD
DRIVE AND PERMANENTLY ERASE ALL COPIES OF THE DIGITAL MEDIA FILES. IF
YOU ARE THE ORIGINAL INSTALLER OF THE DIGITAL MEDIA FILES YOU MAY
PROMPTLY RETURN THE DIGITAL MEDIA FILES UNUSED WITH PROOF OF PURCHASE
TO THE PLACE WHERE IT WAS PURCHASED FOR A FULL REFUND OF THE AMOUNT
PAID OR STORE CREDIT (AS APPLICABLE).
Definitions
“Digital Media Files”
are any videos, images, animations, sound effects, music, fonts, music,
animations, clip art or any other audio/video content recorded in any
format that are owned by ADVANCEFLASH.
“Royalty Free” means
a one-time paid license that includes unlimited use of the Digital
Media Files in your projects provided that they may be used by only a
single user in accordance with the terms of use and conditions of this
Agreement. ADVANCEFLASH and its affiliates, suppliers and licensors retain all rights not expressly granted.
“Comp Usage” means the use of watermarked Digital Media Files also known as “Preview Files” on ADVANCEFLASH
and defined as the creation of a temporary test use, rough layout or
comprehensive rendering of a proposed work for client review, internal
company review or testing. The Digital Media Files may not be used in
any materials distributed or accessible to the public or in any final
product or use, including, without limitation, any online or other
electronic distribution system (except you may transmit comps digitally
or electronically for their review) and may not be sold or sublicensed
alone or as part of any product. You are granted the non-exclusive and
non-transferable right to use Digital Media Files for Comp Usage for a
period not to exceed sixty (60) days.
ADVANCEFLASH DIGITAL MEDIA FILES LICENSE
GRANT OF LICENSE. This
Agreement grants you a limited, nonexclusive, personal and
nontransferable Royalty Free license to use and modify the Digital
Media Files. This License does not constitute a sale of the Digital
Media Files. You are granted the use of the Digital Media Files on a
single computer/workstation. The Digital Media Files is “in use” on a
computer when it is loaded into the temporary memory (i.e., RAM or
Cache) or installed into permanent memory (e.g., hard disk, CD-ROM
drive, or other storage device) of that computer. The Digital Media
Files may only be modified or used on one computer at any one time. You
may store the Digital Media Files in a digital library, network
configuration or similar arrangement to allow the Digital Media Files
to be viewed your employees, partners and clients but under no
circumstance may the Digital Media Files ever be used by more than a
single users unless a separate seat license is purchased for each
additional user, before such additional use begins.
PERMITTED USES.
The Digital Media Files may be incorporated into a derivative work such
as print publications and physical products, advertising and
promotional materials, broadcast and theatrical exhibitions, and
electronic publications. If derivative works are reproduced and/or
delivered in electronic format over the Internet, the Digital Media
Files must not comprise of 25% of the finished derivative work nor may
the primary value of the finished derivative work originate from the
Digital Media Files. Reproductions of derivative works would include
and not be limited to works that are sold, made for re-sale, given
away, digitally distributed, or uploaded to internet video websites.
PROHIBITED USES. The Digital Media Files may NOT be:
(I) used as part of a trademark, service mark, or logo.
(II)
used in any way that could be considered defamatory, pornographic,
libelous, immoral, obscene or fraudulent, or illegal, either by making
physical changes to it, in the juxtaposition to accompanying text or
images, or otherwise.
(III) sold, sublicensed, reproduced,
distributed, displayed, incorporated into or otherwise made available
as templates, standalone backgrounds, stock elements, effects imagery
elements or downloadable files.
(IV) included in any other
clipart or stock file product, library, collection, or set of clips for
distribution or resale whether or not if Digital Media Files have been
significantly altered.
(V) used as screensavers (whether computer
or tv based). Use of Digital Media Files as screensavers will require
an additional license from ADVANCEFLASH. Please contact ADVANCEFLASH
for more information.
LIMITATION OF LIABILITIES. IN NO EVENT WILL ADVANCEFLASH
OR ITS AFFILIATES, SUPPLIERS AND LICENSORS BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, ECONOMIC, COVER, CONSEQUENTIAL, EXEMPLARY OR
PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE
DIGITAL MEDIA FILES, WITHOUT LIMITATION, DAMAGES OR COSTS RELATING TO
THE LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, TIME OR COMPUTER
PROGRAMS, COMPUTER HARDWARE OR CD-ROM, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ADVANCEFLASH
AND ITS AFFILIATES’, SUPPLIERS’ AND LICENSORS’ LIABILITY EXCEED THE
AMOUNT PAID BY YOU FOR THE DIGITAL MEDIA FILES REGARDLESS OF THE FORM
OF THE CLAIM (INCLUDING, WITHOUT LIMITATION, ANY CONTRACT, PRODUCT
LIABILITY, OR TORT CLAIM). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
ENTIRE AGREEMENT. This entire Agreement dated November 16th, 2009
supersedes all prior agreements, understandings, or representations
with respect to the Digital Media Files. This Agreement may not be
modified or amended except in a writing signed by you and ADVANCEFLASH.
Copyright
(c) 2009 AdvanceFlash, a property of Select Publishing Group of San
Mateo, CA. All trademarks and registered trademarks are the property of
their respective owners.
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