Royalty Free Video Footage
License Agreement Contract
THIS IS A LEGAL AGREEMENT BETWEEN LICENSEE AND JEFF GAMMONS. (Videographer). THIS
AGREEMENT APPLIES TO LICENSES ISSUED VIA THE WEB AND VIA SALES
REPRESENTATIVES, AND IS APPLICABLE TO ONLINE, DIGITAL AND ANALOGUE (PHYSICAL)
DELIVERY OF STOCK FILES (THE "AGREEMENT").
1. Definitions. In this Agreement the following definitions apply:
1.1 "Invoice" means the computer-generated and e-mail delivered standard form invoice provided
by StormDV.com / Jeff Gammons or an authorized distributor that may include, without limitation,
the Stock Files selected, any limitations on the license in addition to those specified herein and the
corresponding price for the license of such Stock Files. The Invoice shall be incorporated into this
Agreement and all references to the Agreement shall include the Invoice.
1.2 "Stock Files" means any still image, film or video footage, visual representation generated
optically, electronically, digitally or by any other means, including original digital files or any
Reproductions thereof, or any other product protected by copyright, trademark, patent or other
intellectual property right, which is licensed to Licensee by StormDV.com / Jeff Gammons under
the terms of this Agreement. Any reference in this Agreement to the Stock Files shall be to each
individual item within the Stock Files and also to the Stock Files as a whole.
1.3 "Licensee" means the person or entity purchasing a license hereunder.
1.4 "Reproduction" and "Reproduce" mean any form of copying or publication of the whole or part of
any Stock Files, via any medium by whatever means, and the distortion, alteration, cropping or
manipulation of the whole or any part of the Stock Files and the creation of any derivative work from
the Stock Files.
1.5 "User" means any employee or subcontractor of Licensee who: (i) downloads, manipulates,
edits, modifies or saves the digital file containing the Stock Files; (ii) is otherwise directly involved
in the creative process utilizing the Stock Files; or (iii) incorporates the Stock Files within any
derivative work.
2. Grant of Rights. Subject to the terms of this Agreement:
2.1 StormDV.com / Jeff Gammons grants to Licensee a perpetual, non-exclusive, non-transferable,
non-sublicensable, worldwide right to Reproduce the Stock Files identified in the Invoice an
unlimited number of times in any and all media for all purposes other than those uses prohibited
under Section 3 of this Agreement.
2.2 Licensee may have the Stock Files Reproduced by subcontractors of Licensee for preparation
of a final product, provided that such subcontractors agree to abide by the provisions of this
Agreement.
2.3 Licensee may store the Stock Files in a digital library, network configuration or similar
arrangement to allow the Stock Files to be viewed by employees, partners and clients of Licensee,
so long as there are no more than ten (10) Users. Licensee must purchase additional seat
licenses if there are more than ten (10) Users before such additional use begins.
3. Restrictions.
3.1 Licensee may not sublicense, sell, assign, convey or transfer this Agreement or any of its rights
under this Agreement.
3.2 Licensee may not: (i) make the Stock Files available (separate from the end product into which
it is incorporated) in any medium accessible by persons other than authorized Users; (ii) sell,
license or distribute any end product containing the Stock Files in a way that is intended to allow or
invite a third party to download, extract or access the Stock Files as a standalone file; (iii) include
the Stock Files in any template, electronic or otherwise, intended to be Reproduced by third parties
including, without limitation, broadcast commercial templates, website templates, flash templates,
electronic greeting cards or cellular telephone ring tones; or (iv) use or display the Stock Files on
websites or in any other medium designed to induce or involving the sale, license or other
distribution of "on demand" products, including, without limitation, broadcast commercial
templates, website templates, flash templates, electronic greeting cards or cellular telephone ring
tones.
3.3 Licensee may not falsely represent, expressly or impliedly, that Licensee is the original creator
of a work that is a stand-alone pictorial, graphic or sculptural work or motion picture or other visual
work that derives a substantial part of its artistic components from the Stock Files.
3.4 The Stock Files shall not be incorporated into a logo, trademark or service mark.
3.5 The Stock Files may not be modified, reconfigured or repurposed for use in any mobile-
directed web sites or mobile applications that are specifically created for viewing of Stock Files on
mobile devices.
3.6 If any Stock Files featuring a model or property are used in connection with a subject that would
be unflattering or unduly controversial to a reasonable person, Licensee must accompany each
such use with a statement that indicates that: (i) the Stock Files are being used for illustrative
purposes only; and (ii) any person depicted in the Stock Files, if any, is a model.
3.7 Pornographic, defamatory or otherwise unlawful use of Licensed Material is strictly prohibited,
whether directly or in context or juxtaposition with specific subject matter.
3.8 Stock Files shall not be used contrary to any restriction on use provided to Licensee, including,
without limitation, any restriction provided to Licensee prior to or at the time the Stock Files are
delivered to Licensee. Such restrictions may be included either in the information provided with the
Stock Files on StormDV.com website or in any other written communication from StormDV.com /
Jeff Gammons. Any such restriction provided to Licensee shall be incorporated into this Agreement.
3.9 If the Stock Files are Reproduced in an editorial manner, Licensee must include the following
credit adjacent to the Licensed Material: "StormDV.com / Jeff Gammons." or as otherwise notified
by StormDV.com.
3.10 Where technically feasible, a screen credit, equal in size and placement to like footage in the
media, must be provided for any video footage Stock Files used in a feature film, broadcast
television or cable production and must read: "Footage supplied by StormDVD.com Storm Chaser
Jeff Gammons".
3.11 While efforts have been made to correctly caption the subject matter of the Stock Files,
StormDV.com / Jeff Gammons does not warrant the accuracy of such information.
4. Fees and Payments: In exchange for Licensee's usage of Jeff Gammons’ Stock Files as
provided hereunder, Licensee agree to pay to Jeff Gammons a non-refundable license fee in
advance in the amount most recently quoted by StormDV.com / Jeff Gammons for each Stock File
that Licensee receives or downloads.
5. Copyright: Jeff Gammons, it Licensors and Contributors retain all right, title, and interest in and
to the Stock Files not expressly granted by the Grant of License above. Such rights are protected by
the United States and International Copyright laws and international treaty provisions. Licensee
may not use the StormDV.com / Jeff Gammons name or the names of any licensors or contributors
except as a credit or copyright notice with the Stock Files in accordance with any usage guidelines
specified by Jeff Gammons from time to time. Licensee may be held legally responsible for any
copyright infringement that is caused or encouraged by Licensee's failure to abide by the terms of
this agreement.
6. No Warranty: Jeff Gammons makes no representation or warranty with respect to the use of
names, trademarks, logos, registered or copyrighted designs or works of art depicted in any Stock
File, and Licensee must satisfy themselves that all necessary rights, model releases, consents or
permissions as may be required for Licensee's intended usage are secured. All Jeff Gammons
Stock Files are provided "as is". Jeff Gammons 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 Jeff Gammons nor any of its directors,
officers, employees, subsidiaries, affiliates, or agents 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.
7. Remedy: Jeff Gammons limitation of liability and Licensee's sole remedy under the foregoing
warranty, is a replacement of the Stock File(s).
8. Limitation of Liability: Under no circumstances will Jeff Gammons 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 A) the use of or
inability to use the Stock Files or B) the inability to obtain additional rights to the images (including
making additional copies) even if Jeff Gammons has been advised of the possibility of such
damages. In any event, the limit of liability of the copyright owner of the Stock File, their
representative, and Jeff Gammons, shall be the fee paid for the Stock File to Jeff Gammons.
9. Copyright Protection: Each reproduction of a Stock File must bear a credit line ©Jeff Gammons
or the work in which the content appears must be copyright protected. Jeff Gammons shall have
the exclusive right to pursue any copyright infringement without regard to the rights granted. All
digital copies of Stock Files must include the copyright symbol, Jeff Gammons’ Name, and Jeff
Gammons’ Image Identification Number as part of the electronic file.
10. Termination: The license contained in this Agreement will terminate automatically without
notice from Jeff Gammons if Licensee fails to comply with any provision of the Agreement. Upon
termination, Licensee must immediately 1) stop using the Jeff Gammons Stock File(s) 2) return
the Jeff Gammons Stock File(s) and all copies of it to Jeff Gammons 3) delete the Jeff Gammons
Stock File(s) and all copies from all magnetic and digital media, and destroy all other copies.
Licensee's indemnity and payment obligations and Jeff Gammons’ 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 Jeff Gammons 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.
11. Injunctive Relief: Licensee agrees that any breach of Licensee's obligations with respect to Jeff
Gammons proprietary or intellectual property rights will result in irreparable injury to Jeff Gammons
for which money damages are inadequate and Licensee therefore agrees that Jeff Gammons is
entitled to injunctive relief in addition to any other relief that a court may deem proper.
12. Integration: Jeff Gammons reserves the right to pursue any claim or controversy relating to
intellectual property rights, not by arbitration, but by a court located in the State of California. In the
event that either a court of competent jurisdiction directs us to go to court, or the matter involves
copyright, Licensee agrees to fully reimburse Jeff Gammons for its reasonable legal fees, costs,
and disbursements if Jeff Gammons is successful in the suit. We both designate the United
States District Court for the Central District of, California as the jurisdiction for Federal suits, and
the Los Angeles Superior Court as the jurisdiction for State suits. Jeff Gammons reserves the right
to seek an injunction to prevent breach of Licensee's obligation to Jeff Gammons' intellectual
property rights.
13. 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. Licensee's
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. This license will
expressly not be governed by the United Nations Convention on Contracts for the International Sale
of Goods. No license for usage of Jeff Gammons' Products is granted until payment in full for the
Product has been received by Jeff Gammons. No failure of either party to exercise or enforce any of
its rights hereunder will serve as a waiver of such rights. This Agreement shall be governed in all
respects by the laws of the State of California, excluding its' body of law relating to conflicts of law,
and excluding the issue of copyright, including its validity, interpretation, performance, breach, or
other matter. Any and all disputes arising under this agreement, with the above exceptions, shall
be settled by arbitration pursuant to the rules of the American Arbitration Association. Judgment
upon any arbitration award may be entered in the highest court having jurisdiction as provided
herein. Jeff Gammons reserves the right to withdraw Stock Files from use at any time, for any
reason, and Licensee agrees to destroy any such file and discontinue the use of any Stock Files,
Clips, and/or images that have been withdrawn from circulation by Jeff Gammons.
