Licenses

1- Definitions

a-Item (template, Audio file): Individually and collectively, any digital content, including photographs, illustrations, animations, films or video footages, music and other audio files, 3D models, data files, project files and templates, other audio/visual works or other material that you are downloading from the Website, together with any accompanying material and metadata.

b- End Product: the End Product is a customised implementation of the Item (is a customized and rendered video or audio of the Content). or work that incorporates the Item as well as other things, so that it is larger in scope and different in nature than the Item.

c- Sell or Sold: Sell, license, sub-license or distribute for any type of fee or charge.

2- license Type

2-A- The Regular License grants you, the purchaser, an ongoing, non-exclusive, worldwide license to make use of the Template (Item) you have selected and You are licensed to use the Item to create one single End Product for yourself or for one client (a “single application”), and the End Product can be distributed for Free. Read the rest of this license for the details that apply to your use of the Item.

2-B- The Multi Use License grants you, the purchaser, an ongoing, non-exclusive, worldwide license to make use of the Template or audio file (Item) you have selected. You are licensed to use the Item to create unlimited single End Product for yourself or for one client (a “single application”), and the End Product can be distributed for Free. but not for on-demand customization products or services.

2-C- The Extended License grants you, the purchaser, an ongoing, non-exclusive, worldwide license to make use of the Template or audio file (Item) you have selected. You are licensed to use the Item to create one single End Product for yourself or for one client (a “single application”), and the End Product can be be sold (end user must pay to use the end product) or distributed for Free.

3- Single User One Seat Site License

All Previous license are covered with a single user use only so the Content may only be or used on one computer at any one time. (Please contact us for a multi-seat site license if you need to use the Content over a network for multiple users)

You may make one (1) high-resolution backup copy of the Content for internal backup purposes only.

4- Things you can do with the Item

a- You can create one End Product for a client, and you can transfer that single End Product to your client for any fee. This license is then transferred to your client. So anything you produce using the Content must be for your own use, or for the use of your employer, client or customer, who must be the end-user of your work

b- You can use the End Product as many time as you want (For Example: sharing on social media, TV, LED Screen…) as long as the End Product is distributed for Free

c- You can modify or manipulate the Item. You can combine the Item with other works and make a derivative work from it.  (For Example: you can use your own music, footage, and elements to modify the item)

5- Things you can’t do with the item (Restrictions on Use)

a- sell, convey, assign or otherwise transfer or distribute any portion of the Content or the rights granted under this Agreement;

b- You can’t Sell the End Product except to one client only. (If you or your client want to Sell the End Product, you will need the Extended and multi use License.)

c- You can’t re-distribute the Item as stock, in a tool or template, or with source files. You can’t do this with an Item either on its own or bundled with other items, and even if you modify the Item. You can’t re-distribute or make available the Item as-is or with superficial modifications. These things are not allowed even if the re-distribution is for Free.

or (merge)

use, sell, reproduce, distribute, display, incorporate into or otherwise make available the Content and any derivative work incorporating the Content, in whole or in part, as screensavers, templates, standalone backgrounds, stock elements, effects imagery elements, ‘hold’ music, ringtones or downloadable files. You may not distribute any Content via mobile devices or upload online that enables it to be downloaded or shared, including, without limitation, websites, electronic bulletin boards, P2P file sharing services, FTP, IRC, cloud storage services or the like. The Content and any derivative work containing the Content may not, in whole or in part, be included in any other clip media/stock product, library, collection, or set of clips for distribution or resale. These restrictions apply even if the Content has been significantly altered.

Distribution of the Content on peer-to-peer, shareware, link sharing websites is STRICTLY PROHIBITED.

breaking the Content into smaller pieces and selling these pieces as stock media.

sub-licensing, re-selling, renting, lending, assigning, gifting or otherwise transferring or distributing the Content or the rights granted under this Contract.

d- use any Content in a pornographic, defamatory, libelous or otherwise illegal manner, whether directly or in context or juxtaposition with other subject matter and materials. The Content may not under any circumstances be used in a way that would defame, malign, slander, asperse, libel, or vilify the persons, property, countries, races, customs, cultures, religions, governments or military visible on the Content;

e- You can’t license an item and then make it available as-is on your website for your users to download

f-You can’t use the Item in any application allowing an end user to customise a digital or physical product to their specific needs, such as an “on demand”, “made to order” or “build it yourself” application. You can use the Item in this way only if you purchase a separate license for each final product incorporating the Item that is created using the application. 

g- Distribution of the Content on peer-to-peer, shareware, link sharing websites is STRICTLY PROHIBITED.

Term of Contract

This Contract is effective until it is terminated. If You terminate this Contract You must destroy or delete the Content along with any copies or archives of it and cease using the Content for any purpose. This Contract and all of Your rights under it terminates automatically without notice if at any time You breach any of its terms. You must, if requested, confirm to Us in writing that You have complied with these requirements and provide any proof thereof requested by Us.

Amendment

This Contract can be amended at any time by posting an amended contract on the website. Your only recourse, if You are not agreeable to the amended contract is to terminate this Contract and cease use of the Content. Otherwise, You will be bound by the terms of the amended contract.

Replacement of the Content

We may revoke the license granted by this Contract and replace the Content with an alternative for any reason. We may inform You of replacement of the Content by sending notice of same, along with the replacement the Content to the address or contact information provided to Us by You or such other address as You may advise Us in writing to use. In the event of a replacement, the license for the replaced the Content immediately terminates for any products that do not already exist, and this Contract (or the then-current version of this Contract) automatically applies to the replacement the Content. You agree not to use the replaced the Content, and to take all reasonable steps to discontinue use of the replaced the Content.

Limitation of Warranties and Liability

THE CONTENT IS PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU. SHOULD THE CONTENT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY CORRECTIONS.

Indemnity

You hereby agree to indemnify and hold motionpack.me harmless against all liability, cost, loss, expense (including reasonable attorney’s fees) or damages paid, incurred or occasioned by any claim, demand, suit, settlement, or recovery against motionpack.me  without limitation, arising out of the breach or claim of breach of this Contract; the use of the Content; and for any alleged defects in the Content. You hereby consent to submit to the personal jurisdiction of any court, tribunal or forum in which an action or proceeding is brought involving a claim to which this foregoing indemnification shall apply.

General Provisions

If motionpack.me is obligated to go to court or arbitration to enforce any of its rights, or to collect any fees, You agree to reimburse motionpack.me for its legal fees, costs and disbursements if motionpack.me is successful.

motionpack’s failure to insist upon or enforce strict performance of any provision of this Contract shall not constitute a waiver. This Contract is not assignable by You without motionpack’s prior written consent. motionpack.me may assign this Contract without Your consent to any other party so long as such party agrees to be bound by its terms.