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NOTICE
BY USING ANY 3D4MEDICAL.COM ANIMATIONS ("Animations"), WHETHER VIA DOWNLOAD, ON CD ROM, DVD OR OTHER MEDIA, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
IF YOU ARE ENTERING THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER AS WELL AS TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER, YOUR EMPLOYER MAY CONTINUE TO OPERATE UNDER THIS AGREEMENT.
Definitions
"Animations" are any images, animations, films, videos or other audio/visual representations recorded in any format that are owned or controlled by 3D4Medical.com.
"Royalty Free" indicates that aside from the purchase price, no further fees or compensation are due regardless of how many times the Animations are used or how many projects they are used for, provided that they may be used by only a single user in accordance with the terms and conditions of this Agreement.
"Restrictions" indicate some of the specific uses for the Animations that are NOT allowed. Regardless of whether a particular use is listed as a Restriction, any use of Animations that is not expressly permitted by this Agreement is not allowed. Please note that special licensing to obtain additional rights is available by contacting 3D4Medical.com.
Grant Of License
You are granted a limited, nonexclusive, personal and nontransferable Royalty Free license to use and modify the Animations, subject to the terms and conditions below.
Single User License
The Animations may only be modified or used on one computer at any one time. You may not rent, lease, lend, sell or sublicense the Animations to another person, company or other entity. Anything you produce using the Animations 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. This is not a concurrent use license. Please contact 3D4Medical.com for a multi-seat site license if you need to use the Animations over a network for multiple users.
General Use Grant
The Animations may be incorporated into a derivative work such as a film feature, video, broadcast, multimedia work, advertisement, live performance, internet website, presentation or print project.
Restrictions on Products for Resale
The Animations and any derivative work thereof may not, in whole or in part, be used, sold, sublicensed, reproduced, distributed, displayed, incorporated into or otherwise made available as templates, standalone backgrounds, stock elements, effects imagery elements or downloadable files. The Animations and any derivative work thereof 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 Animations have been significantly altered. If Animations are used in a project that will be reproduced, sold or distributed (DVDs, home videos, music videos, training videos, etc.) the Animations may not comprise more than 25% of the length of the finished work, even if the Animations are layered with other graphics, nor may the primary value of the product come from the Animations. The Animations are strictly prohibited from being used as screen savers. Additionally, you agree to notify 3D4Medical.com in writing and take all steps possible to prevent any third party from duplicating or distributing any of the Animations included in the finished work. Please note that special licensing to obtain additional rights is available by contacting 3D4Medical.com.
No Defamatory Use
The Animations 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 Animations.
Other Restrictions
The Animations may not under any circumstances be used in or in conjunction with, or as part of pornographic, obscene, fraudulent, libelous, infringing or illegal material. All low-resolution versions of the Animations are not licensed for broadcast.
Credit
When incorporating the Animations in film features, broadcast productions, or video products, 3D4Medical.com kindly requests a credit line that reads "3D4Medical.com".
Ownership
All right, title and interest in the Animations, including any updates or revisions thereto, is and shall remain the exclusive property of 3D4Medical.com, its licensors and their successors and assigns. Other than the limited license explicitly set forth in this Agreement, no interest in, or rights or licenses to the Animations are granted to you and no interest in, or rights or licenses to the Animations shall inure in or accrue to you, whether by implication, estoppel or otherwise. All rights of any kind in the Animations which are not expressly granted in this Agreement are entirely and exclusively reserved to and by 3D4Medical.com, its licensors and their successors and assigns.
Limitation on Liability
3D4Medical.com will not be liable to you for any special, indirect, consequential, punitive, or incidental damages (including, without limitation, damages for loss of profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Animations. 3D4MEDICAL'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PARTICULAR ANIMATIONS.
Indemnity
You agree to indemnify and hold 3D4Medical.com, its licensors, and their officers, directors, agents and employees, harmless from and against any claims, demands, losses, damages, liabilities or expenses of any kind arising from your use of the Animations in any form, any breach of the terms and conditions of this Agreement, or your negligent act, omission or willful misconduct.
Term and Termination
This Agreement shall be effective as of the earliest of the date you first break the seal on a disc containing, or download, install or use, the Animations and shall continue in effect until terminated. Unless expressly waived by 3D4Medical.com in writing, all license rights granted pursuant to this Agreement shall automatically terminate upon your breach of this Agreement. Your rights under this Agreement shall immediately terminate upon your cessation of business, insolvency, assignment of assets for the benefit of creditors, bankruptcy or appointment of a trustee for all or a portion of your assets. Upon termination of this Agreement for any reason, you shall immediately cease all use of the Animations in any form and immediately return or destroy all copies of the Animations in your possession or control. Any provisions in this Agreement that by their sense and context are intended to survive the termination of this Agreement shall survive such termination. Any cause of action that 3D4Medical.com may have against you for breach of this Agreement prior to the date of termination shall survive such termination.
Warranty
3D4Medical.com warrants the Animations to be free from defects in material and workmanship for 90 days from delivery. Your sole and exclusive remedy for a breach of this warranty is the replacement of the Animations, applicable media or a refund of the purchase price, at the option of 3D4Medical.com. 3D4MEDICAL.COM MAKES NO OTHER WARRANTIES OR REPRESENTATIONS WITH REGARD TO THE ANIMATIONS AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, INCLUDING MEDICAL ACCURACY CLAIMS OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT ARE HEREBY DISCLAIMED.
Severability
If any term or provision of this Agreement shall to any extent be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. Each term and provision of the Agreement shall be valid and enforced to the fullest extent permitted by law.
Applicable Law; Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the REPUBLIC OF IRELAND. The parties agree that any claim asserted in any legal proceeding by one party against the other shall be commenced and maintained exclusively in court located within THE REPUBLIC OF IRELAND.
Injunctive and Other Equitable Relief
You agree that the remedy at law for any breach or threatened breach of this Agreement by you would, by its nature, be inadequate, and that in such case 3D4Medical.com will be entitled, in addition to damages, to a restraining order, temporary and permanent injunctive relief, specific performance and other appropriate equitable relief, without showing or providing that any monetary damage has been sustained.
Assignment
You may not assign or otherwise transfer this Agreement or any rights hereunder without the prior written consent of 3D4Medical.com. A transfer of controlling interest in any entity shall constitute an assignment.
Entire Agreement
This is the entire agreement between the parties with regard to the subject matter hereof. It supersedes all prior or contemporaneous agreements, understandings, or representations with respect to the Animations. This Agreement may not be modified or amended except in a writing signed by both parties. Any preprinted terms on your purchase order shall be given no force or effect and no terms of a purchase order that conflict with this Agreement shall be binding on 3D4Medical.com.
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