Product License Agreement
For this agreement, these definitions apply:
A “Product” is ANY and ALL, FREE or PURCHASED, item sold and licensed through Motion Arts Media. “You” are the individual or company that purchased or downloaded the Product from our platform. “Motion Arts Media”, “Motion Arts Media LLC”, and “MotionArtsMedia.net” is the company and platform providing the Product.
Motion Arts Media Non-Exclusive ‘Full Usage License’
Motion Arts Media LLC retains ownership of all Products on our platform. We are licensing this item to you for FULL USE. Motion Arts Media grants you personal, non-exclusive, continuous, world-wide right to use each product licensed by you in an unlimited number of any and all media projects created by you. Considering this license, You hereby, agree to pay Motion Arts Media a certain license fee for the USE of any and all products we offer for free and for purchase. See License Page for more info.
Limitations of Use
You may not:
- sell, assign, transfer, share, sublicense or otherwise redistribute any Product, or the right to use any Product, to any third party, except solely as embodied within a media project created by you;
- sell, assign, transfer, share, sublicense or otherwise redistribute any Product in a manner that is competitive with MotionArtsMeida.net, including as, or as part of, a digital template;
- charge a client or third party for customization services for less than the cost of the actual Product;
- represent, expressly or by way of reasonable implication, that any Product was created by you or a person other than the copyright holder(s) of that Product;
- use a Product in connection with any media project that is defamatory, or could be considered libelous, obscene, or illegal;
- use a Product in a manner that infringes upon any third party’s trademark or other intellectual property right, or would give rise to a claim of deceptive advertising or unfair competition; or
- render the Product through a service that allows a third party to customize a digital or physical product to their specific needs, such as an “on demand”, “made to order” or “build it yourself” service.
You hereby acknowledge that Motion Arts Media LLC is and remains the owner of all rights, titles, and interest in each and every Product licensed by you, including without limitation any copyrights therein. Motion Arts Media retains the right to sell licenses to the Products to third parties at its discretion.
Warranties & Representations
All Products are provided “as-is” without warranty of any kind, either express or implied, including, but not limited to the implied warranties of non-infringement, merchantability, or fitness for a particular purpose. Motion Arts Media warrants that it has the right to grant the license granted hereunder.
Limitation of Liability
In the event of a claim arising from the use of a Product, Motion Arts Media’s total liability to you under this agreement shall be limited to the fee paid hereunder by you to Motion Arts Media for the license to such Product.
In the event that Motion Arts Media gets a notice that any Product may be subject to a claim of infringement, upon notice from Motion Arts Media, you will immediately stop using the Product, delete or remove the Product from your premises, computer systems and storage (electronic or physical), and ensure that your clients do likewise. In such event, Motion Arts Media’s sole obligation will be to provide you with a comparable Product (which comparability will be determined by Motion Arts Media in its reasonable commercial judgement) free of charge, but subject to the other terms and conditions of this Agreement.
Motion Arts Media makes no representations or warranties that all Products will be available at all times. Motion Arts Media may discontinue licensing certain Products at its sole discretion.
Except for purchases made within US territories, fees charged by Motion Arts Media LLC hereunder does not include taxes, duties, or other government charges. You are solely responsible for any such taxes, duties or other charges, including without limitation, sales, and use taxes and value added taxes.
Nothing in this present Agreement shall be interpreted as constituting or creating a joint venture or partnership between the Parties. This Agreement shall be to the benefit of and bind the respective heirs, executors, administrators and assigns of the Parties hereto.
If any part of this Agreement shall be determined invalid or unenforceable by court of competent jurisdiction or any legally constituted body having jurisdiction to make such determination. The remainder of this Agreement shall remain in full force and effect.
It is expressly understood and agreed that this Agreement is entered into solely for the mutual benefit of the parties herein and that no benefits, rights, duties, or obligations are intended by this TOSS as to third parties.