MULTIMEDIA CONTENT LICENSE AGREEMENT
LIFETIME STUDIO LICENSE
This Agreement governs the terms by which members and clients of the Panzer Flakes Gamedesign Store (owned and operated by Jot-eR Multimedia and located at panzerflakes.com) obtain the right to use multimedia content (such as music tracks, sound files, graphical files, textures, animations, game content and other multimedia), provided by the Panzer Flakes creative team, it's employees, partners, hired freelance artists and other members of the Panzer Flakes community.
1. General Information
The following is a Legal Agreement (also called as "Agreement" within this document) between you ("Customer", "Client", "Licensee") or, if you are accepting it on behalf of your employer or member account entity, the company you are representing, and Jot-eR Multimedia, owner and operator of the Panzer Flakes website and the Panzer Flakes Gamedesign Store (also called as "Store"), the seller and distributor of the Content you wish to buy and/or download. In this agreement, "Content" means any graphical file, illustration, photographic image, musical file, musical material, sound file or any other multimedia content offered by the Panzer Flakes Gamedesign Store or by other stores and outlets owned by Jot-eR Multimedia.
2. Usage License
Jot-eR Multimedia, acting on behalf of the Content's creator and copyrights owner, hereby grants you a lifetime, perpetual, non-exclusive, non-transferable worldwide license to use the Content for the Permitted Uses (as defined below), within any number of published projects. This Agreement becomes effective as soon as Jot-eR Multimedia confirms receiving your due payment for the Content, and as soon as you receive the aforementioned Content.
You cannot use this Content in any forbidden ( non-permitted ) projects, activities or usages. All other rights in and to the Content, including all copyright and other intellectual property rights relating to the Content, are retained by Jot-eR Multimedia or the supplier of the Content, and are NOT passed on to you.
We would be grateful if you could inform the employees and/or owners of the Panzer Flakes Gamedesign Store (or Jot-eR Multimedia) about the publication of any project in which the purchased Content is either used or is going to be used.
3. Permitted Uses
You may use the purchased multimedia Content within an unlimited number of published projects (any mix of computer games, movies, interactive presentations, catalogues, adverts, promotional websites, theatrical plays, etc.), regardless of the fact, whether you have used all of the Content or just a part of it (i.e. one music track from a multi-track music pack).
You agree and acknowledge that you will use the Content to which this license applies in accordance with the terms and conditions of this license and the terms and conditions of the Panzer Flakes Gamedesign Store (available at http://www.panzerflakes.com/terms-and-conditions.php).
4. Prohibited Uses
You agree and acknowledge that you will NOT use the purchased Content in any prohibited projects and applications, including:
a) Projects that in any way violate patent laws, trademarks, copyrights, confidentiality of business documents, privacy rights, image rights or any other proper rights or property rights of either Jot-eR Multimedia, or any third persons or parties.
b) Projects that can be considered pornographic or obscene, that in any way propagate, advocate or spread racial violence, cultural hate, discrimination, fascism, nazism, communism, drug use, or any other illegal or prohibited contents.
c) Usage as trademarks, design-marks, trade-names, business names, service marks, or logos.
d) Usage within resellable website templates, computer game templates or any other design template applications intended for resale, through which the Content would be transferred to other users without paying the rightful price to Jot-eR Multimedia and the Content's author.
5. Copyrights
Multimedia Content to which this license applies is protected by international copyright laws and intellectual property regulations. No ownership or copyright shall pass to you by the issuance of the license contained in this Agreement. All ownership, copyright and other intellectual property rights relating to the Content, are retained by the author of this Content and/or Jot-eR Multimedia.
The Customer is hereby obliged to give the author of the purchased Content his due credit, by presenting his name or chosen alias and the PanzerFlakes.com website address somewhere within the published projects, i.e. during the opening or closing credits, on the main menu screen, in an additional "about" window or in any other place, in which all of the authorship information is displayed.
You can freely edit the form of the content authorship statement, as long as it is both visible and legible to the end user of your projects. Examples of properly introduced crediting information can be found at http://www.panzerflakes.com/crediting/ or you can request them via e-mail by contacting us at contact@panzerflakes.com. If you require help with this matter, we'll be glad to assist you and create a proper crediting line for you.
6. Other declarations and warranties
You hereby declare and warrant the following:
a) That you have all the necessary rights and authority to enter into and perform this Agreement, whether in your own name, or on behalf of the company or organization you represent. You hereby declare that you have full power and authority to bind the Licensee to this Agreement.
b) That you have read, reviewed and accepted the Panzer Flakes Terms & Conditions (available at http://www.panzerflakes.com/terms-and-conditions.php) and Panzer Flakes Privacy Policy (available at http://www.panzerflakes.com/privacy-policy.php), and that you will under no circumstances try to breach any of their provisions, as well as the contents of this Agreement.
c) That you will never perform any activities that can bring harm to the Jot-eR Multimedia company, the Panzer Flakes Gamedesign Store, our websites, partners and affiliates, as well as other users of our Store and community.
d) That you hereby indemnify our company and agree that Jot-eR Multimedia and all of its owners and employees shall not be liable for any costs or damages arising out of or related to a breach of this agreement , or otherwise sustained by your usage of the purchased content. Jot-eR Multimedia shall not be liable to you or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, lost profits or any other costs or losses arising out of your use of our Content, website, Store or communication channels.
e) That in case of any disputes, disagreements and misunderstandings with Jot-eR Multimedia, you will resolve all such conflicts amicably, out of court, without filing avertable lawsuits.
f) That you hereby confirm the authenticity of all your personal information registered at our Store (such as your billing address, name, e-mail address, etc.).
7. Time and termination of Agreement
This Agreement becomes effective as soon as Jot-eR Multimedia confirms receiving your payment for the Content this license is applicable to. This Agreement remains effective until it is terminated by Jot-eR Multimedia. There is no time limit or end date set to this Agreement.
In the event of a breach of this Agreement, a breach of our Terms and Conditions, or copyright infringement of any sorts, Jot-eR Multimedia may, at its sole discretion, terminate this Agreement and revoke any licenses granted herein. Such termination shall take effect immediately upon notice to Licensee, and Licensee shall immediately cease using the Content in any media and form, and destroy or delete all of his copies of the Content without any delay.
8. Questions and doubts
If you have any concerns or questions relating to this Agreement or any other related topics, please contact Jot-eR Multimedia at contact@panzerflakes.com or office@panzerflakes.com. Additional licensing information and instructions can be found at http://www.panzerflakes.com/licenses/ as well as in our Terms & Conditions statement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT, AND THAT YOU FULLY ENDORSE AND AGREE WITH ALL THE STATEMENTS, TERMS, CONDITIONS AND RESTRICTIONS FOUND WITHIN. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND JOT-ER MULTIMEDIA, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENTS ABOUT THIS PARTICULAR CONTENT.
Our website, Store and Content are provided on an "as is" basis. We offer no warranty regarding any multimedia Content, our website, the accuracy of any shared information, or any rights or licenses under this agreement including any implied warranties of merchantability or suitability for a particular purpose. Jot-eR Multimedia does not represent or warrant that our website or the purchased Content will meet your requirements or that their use will be uninterrupted or error free.
(C) Jot-eR Multimedia 2010.
Contact us at contact@panzerflakes.com
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