License Agreement

 

PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE STOCK FILES.  BY USING THE STOCK FILES, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.

1. The License: This is a license, not a sale. HolyGrain.com continues to own all content, graphics, video clips, and photographs (“Stock Files”). Subject to your acceptance of the terms of this agreement (“License Agreement”) HolyGrain.com hereby grants to you a non-exclusive, non-transferable, worldwide right to use the stock video clip(s), photograph(s), or visual representations (“Stock Files”) as follows: You may use the Stock Files for nearly any project, including feature films, broadcast, commercial, industrial, and educational video as long as the Stock Files have been incorporated into any work with substantial value added by you.

2. Limitations: The Stock Files may not be sold as stand alone clips/stock files, or included in any other media/stock product, library, or collection for distribution or resale. The Stock Files may not be used, in part or in whole, as a trademark or service mark, nor may you claim any proprietary rights of any sort in the Stock Files, or any part thereof. You may not make available some or all of the Stock Files on a web page or other display as a separate or downloadable reusable file, or disassemble, decompile, reverse engineer, translate, or otherwise decode the Stock Files for any reason whatsoever.

3. Fees and Payments: In exchange for your usage of HolyGrain.com’s Stock Files as provided hereunder, you agree to pay to HolyGrain.com a license fee in advance in the amount most recently quoted by HolyGrain.com for each Stock File that you receive or download.

4. Copyright: HolyGrain.com, its Licensors and Contributors retain all right, title, and interest in and to the Stock Files not expressly granted by the License Grant above. Such rights are protected by International Copyright laws and international treaty provisions.

5. All HolyGrain.com’s Stock Files are provided “as is”. HolyGrain.com makes no representation or warranty either express or implied including but not limited to any implied warranties of merchantability, fitness for any particular use, quality of image, or compatibility with any computer hardware or other equipment, operating system or software program. Neither HolyGrain.com nor any of its employees shall be liable for any damages, whether direct, incidental, or consequential, or other damages arising out of the use of, or the inability to use, the Stock Files.

6. Return, refund and cancellation policy: If you are dissatisfied during the first 7 days after purchase, ask for a refund and simply delete all stock files you obtained from us. To serve you and others better in the future, we request that you tell us why you want a refund. Above all, we want satisfied customers and your feedback is highly appreciated. Please remember that asking for a refund but continuing to use products purchased from us is the same thing as stealing.

7. Limitation of Liability: Under no circumstances will HolyGrain.com be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use the Stock Files.

8. Termination: The license contained in this Agreement will terminate automatically without notice from HolyGrain.com if you fail to comply with any provision of the Agreement. Upon termination, you must immediately 1) stop using the HolyGrain.com Stock File(s) 2) delete the HolyGrain.com Stock File(s) and all copies from all magnetic and digital media, and destroy all other copies. Your indemnity and payment obligations and HolyGrain.com’s rights in conjunction with those obligations shall survive any termination or expiration of this Agreement. The provisions of this paragraph are in addition to any other remedies and rights HolyGrain.com may have as a result of any breach of this Agreement. Neither party will be entitled to damages as a result of termination of this Agreement as provided herein.

9. Injunctive Relief: You agree that any breach of your obligations with respect to HolyGrain.com’s proprietary or intellectual property rights will result in irreparable injury to HolyGrain.com for which money damages are inadequate and you therefore agree that HolyGrain.com is entitled to injunctive relief in addition to any other relief that a court may deem proper.

10.Integration: HolyGrain.com reserves the right to pursue any claim or controversy relating to intellectual property rights. In the event that either a court of competent jurisdiction directs us to go to court, or the matter involves copyright, you agree to fully reimburse HolyGrain.com for its reasonable legal fees, costs, and disbursements if HolyGrain.com is successful in the suit HolyGrain.com reserves the right to seek an injunction to prevent breach of your obligation to HolyGrain.com’s intellectual property rights. HolyGrain.com reserves the right to withdraw Stock Files from use at any time, for any reason, and you agree to destroy any such file and discontinue the use of any Stock Files, Clips, and/or images that have been withdrawn from circulation by HolyGrain.com.

11.General Provisions: If any provision of this Agreement is found illegal or unenforceable, the legality and enforceability of the other provisions of the Agreement will not be affected. Your use of the Stock File(s) must be in compliance with all applicable law, including but not limited to, laws and regulations relating to export, currency, and the law of moral rights. No license for usage of HolyGrain.com’s Products is granted until payment in full for the Product has been received by HolyGrain.com.