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terms & conditions

greatstock license terms for content
1. This Agreement, read together with our expanded terms and conditions (available on www.greatstock.co.za ) governs all services provided by Greatstock, and constitutes the sole agreement relating to our services, and the licensing of all Content, whether in Rights Managed (“RM”) or Royalty Free (“RF”) modes. As an Applicant Licensee, your transactions and/or instructions and/or orders to or with us constitute confirmation that you agree to be bound by all our terms and conditions.

2. As the Applicant Licensee, your rights in and to the Content provided by Greatstock and licensed in terms hereof shall be non-exclusive and the RM Content is authorised for use as a single version only in the named production, territory and license period specified in the License Agreement – irrespective of whether or not such a re-edit is used in a different version of a production under the same title. Any unauthorised usage of Content provided by Greatstock shall attract an additional licensing fee in terms of clause 3 below, failing which it may be considered an unauthorised use or copyright infringement. Your invoice will constitute the License Agreement, provided that you have fully discharged your payment and all other obligations as per this agreement. Greatstock reserves the right to obtain injunctive or other legal relief in the event of unauthorised use.

3. Ownership and Intellectual Property: Greatstock, its licensees and affiliates retain all right, title, and interest in and to all of the copyrights, patent rights, and all other proprietary rights in the Content, and no other rights are granted except the limited rights specified in this Agreement or the License, which is non-transferable. Your right, title or interest arising in any derivative work created using any Content shall not entitle you to use any Content except as permitted by this agreement. You do not acquire any copyright ownership or equivalent rights in or to any Content as a result of any license Greatstock grants to you. Rights are granted only when all fees and expenses have been fully paid and a copy of the completed named production has been submitted to Greatstock so as to confirm the usage of all the Content provided by Greatstock incorporated therein. Unlicensed use/release or any use/release that constitutes a breach of the License Agreement will be charged at 3 (three) times the amount of the licensing fee for each and every breach of the License Agreement. Without prejudice to the generality of the aforegoing, it is recorded that any re-cut or re-edit of the named production incorporating Greatstock’ footage, the release of Greatstock’ footage in territories other than the territories provided for in terms hereof, the release of Greatstock’ footage either prior to or beyond the license period and/or by a medium different to that provided for in terms hereof, as the case may be, shall constitute a breach of the License Agreement in each and every event. Greatstock shall be entitled in its discretion to recover damages in lieu of any amount due in terms of this clause. Nothing in this clause shall affect Greatstock’ right to cancel the License Agreement and/or to obtain an appropriate interdict or injunctive relief upon breach of any term thereof by the Applicant Licensee.

4. A shot is defined as a single sequence of contiguous cinematograph images, as originally recorded, which appears on-screen uninterrupted by any other cinematograph image. Segments of the same shot, edited apart in a production, are considered as separate shots and are charged individually. Likewise, repetition of shots within a production are considered separate shots.

5. Rights Managed (RM) Content is licensed on a ‘per use’ basis, and its usage is subject to factors including, geographical distribution, duration, media – all of which may affect its license fee. You will be asked to provide relevant information regarding your proposed usage of the Content, which will be confirmed by the invoice and/or quotation provided. The availability of all rights that your usage may require cannot be assumed until confirmed in writing.

6. Royalty Free (RF) Content is provided under a broader license, which allows multiple uses without incurring any additional liability. Fees for RF Content are customarily based on resolution. Terms of use and fees may vary from different suppliers. It is your responsibility to ensure that your use complies with the suppliers terms.

7. Final Material ordered and received by the Applicant Licensee but not used will be charged at the same rate as final material used by the Licensee. Any discounting of such non-use fees (“kill fees”) will be at the sole discretion of Greatstock and must be exercised in writing by the Applicant Licensee within 14 days of receipt .

8. Technical fees, including for laboratory facilities, tape stock, DVD’s or storage devices, conversions, shipping or FTP, are quoted separately, and are COD, unless otherwise agreed in writing.

9. Greatstock reserves the right to insist on Greatstock being named in on-screen credits on any production other than commercials.

10. You agree to return all Content not physically incorporated in your production at your own cost, or alternatively remove digital Content from all hard drives or similar storage devices within 21 days of completion of your production, or date of first exhibition, whichever is the earlier.

11. If applicable to any estimate provided involving foreign currencies, any fluctuations in the exchange rate calculated on date of payment will be billed accordingly and shall be for the applicant Licensee’s account or credit by Greatstock.

12. Renewals or additional rights to pre-existing licenses may be available on request. If available, these extended rights will be valid only upon receiving payment, and will be confirmed by a revised or additional License Agreement.

13. Research and Rights and Clearances. The costs pertaining to these services will be estimated as per your brief, but Greatstock makes no warranties as to the success or otherwise of these services, unless it has confirmed these in writing. Greatstock reserves the right to levy additional charges in the event that a brief is changed or modified during the process.

14. Whilst every care is taken to ensure the accuracy of its data and information, including the existence (or otherwise) of talent, property releases and/or any underlying or third party rights, Greatstock and its licensees make no warranties, nor shall it be liable for any claims related to or arising from: (a) any error therein; b) if your use of Content has been modified by you, (c) has been combined by you with other Content or materials. Note: Any release required for any individuals or property appearing in the Content or permission from their respective unions, guilds or authorised representatives, if required, must be obtained by the Applicant Licensee at his expense. EXCEPT AS MAY BE OTHERWISE EXPRESSLY STATED IN THESE TERMS AND CONDITIONS, GREATSTOCK, ON BEHALF OF ITSELF AND ITS LICENSEES OR AFFILIATES MAKES NO OTHER WARRANTY, EXPRESS, IMPLIED OR STATUTORY REGARDING ANY CONTENT, ITS ONLINE SYSTEMS, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Greatstock and its content suppliers and licensors shall have no liability whatsoever for any claim, damage, cost or liability arising from or related to your or any other party’s use of or dealings with any Content.

15. Greatstock shall not under any circumstances be liable for loss, damage or delays in respect of digital or video masters or the use of material supplied, whether caused by Greatstock, its agents, subcontractors or service providers arising out of or in connection with the transmission, transportation, customs clearance or supply of material. Greatstock shall not be liable for any consequential loss or damage or loss of profits or special or punitive damage claims.

16. Subject to the restrictions and limitations contained in this Agreement and/or the License Agreement, Greatstock warrants that: (i) it has sufficient rights to enter into this Agreement and grant you the rights provided herein; and (ii) the copy of the Content provided to you will be free from defects in material and workmanship (but not necessarily visual artefacts inherent in the original Content) for fourteen (14) days following delivery. As your exclusive remedy for your inability to use any

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