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Full Terms and Conditions: https://www.motionvfx.com/page/conditions.html
When purchasing an item, you are simultaneously buying a license for usage of that item. This license gives you different rights of using the item in different ways.
The Extended License grants you, the Purchaser, a non-exclusive, non-transferrable right to make use of the work that you acquire. Your use of the mProduct (the product sold by MotionVFX.com, aka Templates), under the Extended License, is subject to the following conditions:
1. The mProduct may be used in local, national and international broadcast production, film, independent film, corporate video, web video, video production, website, educational video, printed format, electronic document such as Keynote presentation, as part of software you create and in a music track, etc.
2. You may use the mProduct alone or you may incorporate the mProduct into another work you are creating.
3. The mProduct may be used in any number of productions.
4. The mProduct purchased under Extended License is not limited to a single workstation and can be used on multiple machines. For example, if you purchase a Motion Template file and utilize it in a corporate video, you may re-distribute or broadcast that video as many times as you like. You may also use the same source file in another productions any number of times and on other machines in your office.
5. When using the mProduct, you may make unlimited copies of the mProduct but you must procure that your clients do not reproduce or use them in another application.
6. If the mProduct is used or incorporated in a work, there are no number restrictions of copies of that work that can be reproduced and distributed.
7. You may not advertise nor provide customization service of mProducts on your website nor via other type of service or standalone application.
You are not allowed to create a customization platform, which will offer pre-rendered videos based on mProduct. Another example will be that you cannot incorporate mProduct in an application or system, which customizes the product automatically (e.g. by modifying the source code or XML).
8. You may not create any competitive products based on mProducts.
Reselling: Items purchased under an extended license may not be redistributed or resold "as-is" or as part of any other collection of project resources or files. In other words, you may not re-sell our files as stock footage/media in any way. Items purchased under an extended license may not be advertised as "your product" in any way.
Software License Agreement for MotionVFX Software
This Agreement defines the conditions for the use of software owned by Szymon Masiak operating under the name MotionVFX (hereinafter MotionVFX), hereinafter referred to as the License for MotionVFX software.
BEFORE INSTALLING MotionVFX SOFTWARE OR USING IT IN ANY WAY CAREFULLY READ THIS LICENSE AGREEMENT ("LICENSE"). BY USING MotionVFX SOFTWARE YOU AGREE TO THE TERMS OF THIS LICENSE. AGREEING TO THE FOLLOWING TERMS AND CONDITIONS YOU ACKNOWLEDGE THE VALIDITY OF THIS AGREEMENT AS WELL AS EACH DOCUMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE DO NOT USE MotionVFX SOFTWARE.
It is the responsibility of the buyer to thoroughly read the terms and conditions of this agreement, as copying MotionVFX software in whole or part, the use of such software, or its installation is tantamount to acceptance of the terms of this Agreement by the buyer.
MotionVFX is the owner of all intellectual property rights to MotionVFX software. Copying, downloading and installing the software, using it in any way, as well as using the intellectual property rights to the software is only possible under the terms of this Agreement. The structure, organisation and source code of MotionVFX software is confidential and is the property and valuable trade secret of MotionVFX, the violation of which constitutes an act subject to criminal and civil liability.
Software is protected by law, including copyright laws of Poland, the European Union and other countries, as well as the provisions of international agreements and treaties. Unless this Agreement expressly states otherwise, it will not serve as a basis to grant to the user any intellectual property rights to the software, and any rights not expressly granted to the other party remain the property of MotionVFX.
1. Parties to the Agreement:
The agreement is concluded between:
- MotionVFX hereinafter referred to as the Seller, as one party,
- Any purchaser of a license referred to as the License Buyer, as the other party.
2. Contractual Definitions:
- MotionVFX means an enterprise owned by Szymon Masiak under the name: MotionVFX, address: Jagiellonska 1A, 34-300 Zywiec, Poland.
- MotionVFX Software means any software files and other works connected with this software (sample graphics, photos, sounds, images, drawings, etc.) related explanatory materials, all modifications, updates, additions provided to the Buyer by MotionVFX at any time unless they are subject to separate terms,
- Content means additional content sold with the Software or designed to be used with the Software,
- Backup copy means data which reflects the original MotionVFX software, used for its archiving and restoring original MotionVFX software data in the event of its loss, destruction or damage that prevents proper operation of the software,
- Workstation means a single workstation, on which the licensed software can be installed,
- Network means a group of computers connected in a local or Internet computer network,
- Reversal, decompilation and disassembly techniques mean obtaining access to the source code of the software.
3. General Terms and Conditions.
MotionVFX software ("Software"), the documentation accompanying the License for the Software, on a data carrier, in read-only memory, on any other data carrier or in any other form (hereinafter referred to as "MotionVFX Software") are sold under a License by MotionVFX for use in accordance with the terms of this License, and MotionVFX reserves all rights to the Software. Rights granted to the Buyer shall be limited to any intellectual property developed using MotionVFX software. By acquiring the right to the data carrier containing the Software, MotionVFX retains all rights to the Software. The terms of this License also include any changes and improvements in later versions of the Software, unless MotionVFX introduces a separate License, which will abolish and replace the terms of this License, but this must be expressly reserved in a separate license. Otherwise, these terms and conditions are applicable.
This License allows you to install and use the Software only on the number of workstations, which corresponds to the number of purchased Licenses. It is forbidden to install and use the Software on more workstations than the number of purchased Licenses. Licensor, however, allows you to install the purchased license on a second workstation of the same owner for training purposes (e.g. on your laptop when the first installation was performed on a workstation). It is not permitted to share the Software in a network in such a way as to allow its use on a larger number of workstations than the number of purchased Licenses. The Buyer has the right to make one backup copy of the Software, provided that it will not be installed or used, and will be used solely for backup purposes, in case of loss, destruction or damage to the original Software, provided that the copy will contain all the information regarding the ownership and copyrights contained in the original. The Software is not designed for use in nuclear devices, air navigation, communication systems, air traffic control systems, life support equipment, or any devices in which the errors of the Software could lead to death, injury, pollution, or any damage to property of the license buyer or third parties.
The buyer agrees not to use the software in a manner other than as authorised under this Agreement, and in a manner inconsistent with its intended purpose or documentation. Beyond the possibilities explicitly described in the License, or regulated by law, it is prohibited to copy, decompile, or take the Software apart into elements of the code, to modify, create programs based on the Software or any part thereof, as well as to make translations of the software. The buyer has no right to use the reversing, decompiling and disassembly techniques, or make any other attempt to discover the source code of the software. The buyer has no right to separate any part of the Software to be used contrary to this license, in particular for use on other computers or other environment. The buyer is absolutely forbidden to sell, rent, lease, sublicense, transfer, or share on any other basis the user rights to the software, allow to copy the software and its parts to a computer belonging to another individual or legal entity except as expressly provided under this license. Software may also not the subject of the provision of services and the provision of work to third parties, unless otherwise stated in the terms of the license.
5. Additional Restrictions
(a) UNDER NO CIRCUMSTANCES DOES THE LICENCE ALLOW THE CREATION OF COMPETITIVE PRODUCTS FOR THIS SOFTWARE AND OTHER MOTIONVFX PRODUCTS AVAILABLE ON WWW.MOTIONVFX.COM. IN PARTICULAR, THE LICENCE FORBIDS CREATING APPLE MOTION, ADOBE AFTER EFFECTS OR DAVINCI RESOLVE TEMPLATES, QUICKTIME FILES, FINAL CUT PRO X, ADOBE PREMIERE OR DAVINCI RESOLVE PLUG-INS, APPLICATIONS AND ANY PRODUCTS SIMILAR TO MOTIONVFX PRODUCTS, REGARDLESS OF WHETHER THEY ARE CREATED EXCLUSIVELY FOR PRIVATE USE OR IN CONNECTION WITH COMMERCIAL OPERATIONS, GAINFUL ACTIVITY OR SERVICES RENDERED.
(b) TEMPLATE/PRE-RENDER AND STOCK MEDIA RESTRICTIONS. MOTIONVFX PRODUCTS ALLOW YOU TO CREATE YOUR OWN WORK. HOWEVER, IT IS PROHIBITED TO USE, PRE-RENDER OR FLATTEN IMAGES CREATED USING THE SOFTWARE USING THE CONTENT OR OTHER SOURCES FOR USE IN/ AS A TEMPLATE, STOCK MEDIA OR PLUGIN. THE LICENSE DOES NOT ALLOW THE CREATION OF TEMPLATES USING THE SOFTWARE, AS WELL AS SELLING OR SHARING THEM ON WEB PORTALS.
It is prohibited to rent, sublease or share MotionVFX Software in any way - both for a fee and for free. Copies available for promotional purposes may only be used for demonstration, testing and evaluation of their functionality and may not be resold or used for commercial purposes.
7. Termination of License.
The terms of this License are valid until the expiry of the agreement. This License will terminate automatically without notice from MotionVFX in the case of breach by the Buyer of any of its terms and conditions. In the event of termination, you should immediately discontinue use of the Software and destroy all copies, in whole or in part, under pain of exposure to legal liability.
By accepting the terms of this License, the Buyer agrees to install and use the Software at own risk, at the same time accepting the quality, efficiency and ease of use of the Software. In addition to the limited warranty described in the Licence and aspects regulated of law, the Buyer accepts the Software in the form provided by MotionVFX, including any latent defects and without warranty of any refund. MotionVFX does not guarantee in particular that the Software will meet the expectations regarding its use, accuracy, correctness, uptime, compatibility with products from other manufacturers or that any errors in the Software will be corrected in the future. No written or oral advice or information given by MotionVFX is an entitlement for reimbursement. The Buyer assumes the obligation to pay any costs of repair, correction or replacement in the event of disclosure of any errors in the Software. Some jurisdictions do not allow waiver of a warranty, in cases governed by consumer law above disclaimer may not apply in some cases.
9. Limitations of Liability.
Apart from the cases regulated by law, MotionVFX disclaims any liability for personal injury or any (accidental, deliberate or indirect) losses, such as loss of profits, data, business turbulence, or any other commercial or personal losses associated with the use or incompetent use of the Software, even in case of notifying MotionVFX of the ensuing danger. Some jurisdictions do not allow disclaimer of liability for personal injury, resulting from an accident or the consequences of use of the Software. In connection with this, the above disclaimer may not apply in some cases.
10. Final Provisions.
This License constitutes the entire agreement between the parties relating to the Software and supersedes all prior and simultaneous agreements regarding this aspect. All translations of this agreement are carried out for local needs and in case of any doubt or inconsistency between the English version and any other version, the Polish version of this Agreement shall apply.