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GREATSTOCK WEB AND CONTENT LICENSE TERMS

1. This Agreement 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 use of the website, 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 licensors and affiliates retain all right, title, and interest in and to all of the copyrights, patent rights, and all other proprietary rights in the Website and 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
4. A shot is defined for RM content as a single sequence of contiguous cinematograph images, as originally recorded, which appears on-screen uninterrupted by any other cinematograph image.
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.
Rights are granted only when all fees and expenses have been fully paid. A copy of the completed named production may be requested by 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
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 RM Content 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 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 RM 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. Any additional release required for any individuals, underlying or third party rights or property inherent in the Content or permissions from respective associations, guilds, unions or authorised representatives – if required – must be obtained by Applicant Licensee at own expense and risk.

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.
15. 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
16. Greatstock shall not under any circumstances be liable for loss, damage or delays in respect of digital content or the use thereof, 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.
17. 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 Content as the result of deficiencies in material and workmanship, Greatstock will provide you with a replacement digital copy of such Content or alternative deemed suitable.
18. No reverse Engineering In general, you shall not reverse engineer, decompile, or disassemble any part of any source code contained within the Website or Content or avoid, bypass, remove or impair any technological measure that limits access to the Content. This provision also specifically applies to after effects and 3D content
19. It is agreed that the rights granted in terms of an RM License Agreement, relates to the named production only and not for any re-cut or re-edit of the original production - irrespective of whether or not such re-cut or re-edit is used in a different version of the production of the same title.
20. Sensitive uses. You agree that you shall not use the Content: i) in a derogatory, libellous, offensive or defamatory way; ii) in conjunction with substance abuse, criminality or personal abuse of any kind; medical conditions, including HIV; in uses promoting racial, sexual, gender or similar bias of any kind towards any group; iii) in a manner that constitutes an endorsement by any talent featured in the Content.
21. INDEMNITY: you hereby indemnify and hold Greatstock and Author/ licensor harmless against any and all liabilities, claims, and expenses, including reasonable attorney’s fees, arising from your use of the Content. The above indemnity is also effective in the event that any deficiencies in Images supplied are encountered during reproduction stage.
22. Personal Information or Third Party IP: Notwithstanding anything else in this Agreement, the License does not include and we make no representation or warranties with regard to any personally identifiable information of any person or any trademark, trade dress, logo, copyrighted design, art, architecture or other works that may be depicted in the Content (collectively, "Third Party IP").
23. Audio in Video Clips: For Content that is film, video footage or any other audiovisual work, any music, dialogue or other ambient audio contained therein is incidental only; accordingly, you are solely responsible for obtaining any additional clearances relating to any of the audio that may be required.
24. Special Provision for music content
24 (a) The License does not include the right to record a new performance of Content or the composition reflected thereby
24 (b) Restrictions on All Audio Content: You may not do any of the following regarding any Audio Content:
i) use it in whole or part to manufacture, distribute or sell records, CDs, jukeboxes, mp3s or any other predominantly audio product embodying it, in whole or in part, that is not synchronized or combined with other audio or musical content to create a derivative work as permitted in this Agreement (for example, you cannot use it to create a CD or other music compilation to give away or sell);
ii) place it on or in any product or platform that makes it available in a manner such that a person can without extraordinary effort extract or access or reproduce it as an electronic file;
iii) use or display it in whole or part in an electronic format that enables it to be accessed or distributed or shared in any peer-to-peer or similar file sharing arrangement;
iv) resell it in whole or part as backgrounds, “hold“ music or ringtones;
v) incorporate it in whole or part in any product or platform that results in its re-distribution or re-sale (such as music download sites, stock music CDs, electronic greeting card web sites, web templates and the like); or
vi) use it in a design template application intended for resale, whether on-line or not, including a website template or electronic greeting card template.
25. (c) Audio Content Cleared for Sampling: For Audio Content designated on the Website as being "Cleared for Sampling", you may do any of the following:
i) edit, modify, or alter it;
ii) use it in whole or part without synchronization or other combination with other original work(s) of authorship so that the combination constitutes a Production;
iii) use it, in whole or in part, as an element of a new musical work (e.g., by combining the Audio Content with other work so that a copyright can be claimed in the resulting song); or
iv) modify it, in whole or in part, so that a copyright can be claimed in the resulting song) other than as part of a Production that consists of an audio visual work, computer or mobile device application or an internet page.
26. (d) Restrictions on Audio Content Not Cleared for Sampling: Unless the Audio Content is designated on the Website as being "Cleared for Sampling", you may not do any of the things mentioned in paragraph 24 above titled “Audio Content Cleared For Sampling” ; provided that you may do basic editing (e.g., setting fade-in/fade-out points, determining start and end points, or using only a portion of it), in a way that does not alter its fundamental character, harmonic structure, lyrics and/or melody or prejudice of the un-waivable moral rights of the artist(s).
27. High Definition (“HD”) is normally supplied as QuickTime Apple ProRes 422HQ. 4K content is delivered as Apple ProRes 4444 format unless otherwise specified and available. All are to be delivered as digital files.
28. Payment terms are COD, unless you have an approved credit arrangement in place. We require a written order or instruction for all work to be done. Contact CreditApplications@greatstock.co.za if you wish to apply for credit facilities, which will be subject to provisions of the current National Credit Act.
29. GS makes no warranty in respect of malicious code. You acknowledge and accept your responsibility to provide adequate anti-virus software.
30. Governing Law. This agreement, as well as the terms and conditions applicable to the use of the images, shall be interpreted, construed and governed by the laws of the Republic of South Africa and all disputes arising out of or relating thereto shall be adjudicated by a South African court with competent jurisdiction. By accessing the Website, you agree to submit yourself to the exclusive jurisdiction of any South African court with competent jurisdiction.
31. Model & Property Release: No talent or property release or other releases exist for any Image unless the existence of such release is specified in writing by GS. In the event that GS erroneously advises you that Content is released when it is not, the limit of GS's liability shall be no more than the amount that you paid GS for the Content

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