License Agreement

Footage and Still Images License Agreement

This License Agreement is a legal agreement between you and FlyingMonk Films, Inc.. You are required to read and accept this license prior to purchase, purchase constitutes acceptance.

By images or photograph(s) in this agreement should be understood all images downloaded from the FTP site or delivered on a customized CD-ROM.

All footage and images are copyrighted and all rights are owned by FlyingMonk Films, Inc.. All rights not specifically granted to you by this Agreement are reserved. Your right to use the footage and/or the images are subject to the restrictions set forth in this Agreement and is conditioned upon your payment. Failure to make said payment and using the image commercially in any manner will constitute infringement of copyrights.

Under this Agreement FlyingMonk Films, Inc. grants you personal, non-exclusive, non-transferable, rights to use the footage and/or the images downloaded or contained on this CD-ROM as follows:

1. The work you produce using the purchased footage and/or photograph(s) must be for your own use, or for the use of your direct employer, a single client, or a single customer, who must be the end-user of your work. You may also provide copies of the image to printers or others for the sole purpose of producing a product for you, your direct employer, a single client or single customer. You may provide the footage or part of the footage in your edited project for duplication. You may not sell, rent, loan, give, sublicense, or otherwise transfer to anyone any part of the footage or any of the images or the right to use the footage or the images except as noted above. You may not grant, or give the impression that you are granting, to any third party a right to use or duplicate any part of the footage or any of the images except as granted above. You agree to take all reasonable steps necessary to prevent third parties from duplicating or distributing the footage and/or the images purchased.

2. Copyright to the photographs remains with FlyingMonk Films, Inc.. We request that our copyright appear on the same screen as the image "© FlyingMonk Films, Inc.".

3. FlyingMonk Films, Inc., grants the right to commercial and non-commercial use of the footage and/or the photograph(s) for productions for you or your client.

4. The purchaser may use the footage and/or the photograph(s) to illustrate material that may be video edited, printed and published in unlimited numbers. The footage and/or the photograph(s) may be used for advertisements, magazines, brochures, video clips, multimedia productions, TV commercials, Internet applications etc. The photos may be manipulated through cutting, cropping, scaling, color changes, etc.

5. Use of the images in any pornographic, negative or defamatory manner is strictly prohibited.

6. Use of the footage or the photograph(s) within footage or photo archives, footage or photo databases and stock agencies is strictly prohibited. Online use of the footage as streaming or photographs by online services or within personal, commercial or non-profit home pages or web pages is limited to the use of the images for Internet marketing applications and web site illustrations, design of banners, buttons and backgrounds.

7. The licensing agreement does not permit the purchaser to offer free or paid downloads of the footage or the images on the Internet or any internal and external networks including online services and BBS installations.

8. The purchaser is advised that FlyingMonk Films, Inc. will not be responsible in any form, for any claims brought forward by people depicted in crowds, street scenes, or similar scenes captured on the footage or photographs.

9. FlyingMonk Films, Inc. will not be liable for any claims brought forward, due to unlicensed use, including but not limited to use of photographs in pornographic, negative or defamatory manner.

10. Breach of Contract: Unlicensed use will result in a $2,000 fine per violation. The purchaser is held liable by FlyingMonk Films, Inc. for any loss or damage caused or alleged to be caused from illegal use.

You agree to indemnify and hold FlyingMonk Films, Inc. footage and images harmless against any damages or liability of any kind arising from any use of the images and CD-ROM. The footage and/or the CD-ROM and images are warranted to be free from defects in materials and workmanship under normal use for a period of thirty (30) days from the date of delivery to you as evidenced by a copy of your receipt. FlyingMonk Films, Inc. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER FlyingMonk Films, Inc. NOR ANY OF ITS OFFICERS, OWNERS, EMPLOYEES, PARTNERS, LICENSORS, OR AGENTS SHALL BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL, ARISING OUT OF THE USE OF, OR THE INABILITY TO USE, THE FOOTAGE, THE IMAGES OR THE CD-ROM.

ADDITIONAL USAGE RIGHTS ARE AVAILABLE. IF YOU ARE UNSURE OF YOUR RIGHTS UNDER THIS AGREEMENT, OR IF YOU WISH TO USE THE FOOTAGE OR AN IMAGE IN A MANNER NOT GRANTED UNDER THIS AGREEMENT, PLEASE CONTACT FlyingMonk Films, Inc. BY CALLING 516.851.3512, OR EMAIL US

This agreement is the entire agreement between the purchaser and FlyingMonk Films, Inc. and supersedes any other communications or advertising with respect to footage and/or the photography provided. If any provision of this agreement is held invalid, the remainder shall continue in full effect.