Data Storm 0648:
Streaming data blips and digital lines (Loop).
Frame Rate: 29.97 fps
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“Digital Media Files” are any images, animations, films, photos, videos or other audio/visual representations recorded in any format that are owned or controlled by A Luna Blue.
“Royalty Free” indicates that aside from the purchase price, no further fees or compensation are due regardless of how many times (unlimited, in perpetuity, worldwide) the Digital Media Files 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 Digital Media Files that are NOT allowed. Regardless of whether a particular use is listed as a Restriction, any use of our Digital Media Files that is not expressly permitted by this Agreement is not allowed. Please note that special licensing to obtain additional rights is available by contacting A Luna Blue.
Grant Of License.
You are granted a limited, nonexclusive, personal and nontransferable Royalty Free license to use and modify the Digital Media Files, subject to the terms and conditions below.
Single User License.
The Digital Media Files may only be modified or used on one computer at any one time. You may not rent, lease, lend, sell or sublicense the Digital Media Files to another person, company or other entity. Anything you produce using the Digital Media Files 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 A Luna Blue for a multi-seat site license if you need to use the Digital Media Files over a network for multiple users.
General Use Grant.
The Digital Media Files 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.
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Special licensing to obtain additional rights is available by contacting A Luna Blue.
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Term and Termination.
This Agreement shall be effective as of the earliest of the date you first download, install or use the Digital Media Files and shall continue in effect until terminated. Unless expressly waived by A Luna Blue 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 Digital Media Files in any form and immediately return or destroy all copies of the Digital Media Files 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 A Luna Blue may have against you for breach of this Agreement prior to the date of termination shall survive such termination.
Applicable Law; Jurisdiction.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to California conflict of laws principles. The parties agree that any claim asserted in any legal proceeding by one party against the other shall be commenced and maintained exclusively in a state or federal court located within California, having subject matter jurisdiction with respect to the dispute between the parties (except that a judgment by such courts may be enforced by any court). Both parties hereby submit to the jurisdiction of such courts over each of them personally in connection with such litigation, and waive any objection to venue in such courts and any claim that such forum is an inconvenient forum.
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 A Luna Blue 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.
You may not assign or otherwise transfer this Agreement or any rights hereunder without the prior written consent of A Luna Blue. A transfer of controlling interest in any entity shall constitute an assignment.
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 Digital Media Files. 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 A Luna Blue.
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