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Terms and Conditions

TimeLapse Digital Inc. FOOTAGE LICENSE

THIS IS A LEGAL AGREEMENT ("Agreement") BETWEEN YOU AND TimeLapse Digital Inc.

PLEASE READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU DOWNLOAD ANY TimeLapse Digital CLIP(S). BY CHECKING THE TERMS AND CONDITIONS BOX AND DOWNLOADING ANY TimeLapse Digital CLIP(S) FROM THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

TERMS & CONDITIONS
The License: Subject to the terms and conditions of this Agreement, TimeLapse Digital Inc. (hereinafter “Licensor”) grants to you (hereinafter “Licensee”) a personal, perpetual, nonexclusive, non-transferable, worldwide right to use the TimeLapse Digital clip(s) (hereinafter the “Material”) into a derivative work such as a film feature, video, broadcast, multimedia, advertisement, live performance, internet, presentation, or print project(hereinafter the "Project”) that you specify when purchasing Material from TimeLapse Digital Inc. The Material the Licensee downloads or receives from the Licensor continues to be owned by TimeLapse Digital Inc. and the Licensee has no legal claim to the ownership or copyright of the Material . The Material shall not be incorporated into a logo, trademark or service mark. By downloading or receiving by carrier any Material on this site, you are bound by the license terms herein which state what you may and may not do with the Material and contain limitations on warranties and remedies. Timelapse Digital Inc. reserves the right to refuse to do business with anyone by refunding the purchase price of the footage. Should you violate the terms of this Agreement, your license will be deemed automatically revoked.

Grant of Rights . Licensor hereby grants to Licensee and assigns the non-exclusive right, in perpetuity, to use the Material in the Project you have specified and edit, synchronize and otherwise use the Material, as it is used in the original Picture, in the Program and advertisements, trailers, featurettes and other promotions thereof, and to exhibit, distribute, exploit and market and perform the Program and advertisements, promotions and trailers thereof throughout the universe in any and all media by any and all means, whether now known or hereafter devised.

Restriction of Use. The Licensee understands that they may only use the Material for the Project they specified when ordering the Material and may not re-use the Material in another Project without re-purchasing and thus re-licensing the Material for this new Project. The Licensee shall not rent, sell, give away, lease, sublicense or loan the Material to any other project or third party. You shall take all steps necessary to prevent any third party from duplicating or distributing any of the Material. Defamatory, offensive, pornographic, or otherwise unlawful uses of images are expressly prohibited. The Material may not be used for calendars, postcards, posters or framed prints. No copies of this Material may be resold or redistributed.

Credit . In respect of the Material utilized in the Project, if the Project includes credits, the Licensor kindly requests a credit in the end titles in the following form: "TIMELAPSE FOOTAGE by

TIMELAPSE DIGITAL INC.”

Representations and Warranties . Licensor warrants and represents that Licensor owns all rights in and to the Material and that the uses contemplated herein will not violate, conflict with or infringe upon any rights whatsoever of any person, firm, corporation or other entity. Licensor further warrants and represents that it has the necessary authorization, rights and power to enter into this agreement and to fully perform the terms herein. TimeLapse Digital Inc. grants no rights and makes no warranties with regard to the use of names, people, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in the Material. The Licensee shall be solely responsible for determining whether a release is required in connection with any proposed use of the Material. Licensee acknowledges that some jurisdictions provide legal protection against a person's image, likeness or property being used for commercial purposes without their consent. TimeLapse Digital Inc. makes no representations or warranties as to whether or not any additional fees or payments may be due in the Material and Licensee shall be solely responsible for any such additional fees or payments.

DISCAIMER OF WARRANTIES . Except for the limited warranty on the material set forth above, Licensor’s Materials are provided “as is” without warranty of any kind. TimeLapse Digital Inc. uses Apple QuickTime codecs to create its files. TimeLapse Digital Inc. takes every effort to minimize any compression artifacts. While the compression is very light, compression artifacts can occur, most commonly "stair-stepping" on diagonal lines and "mosquito noise" near high-contrast boundaries. As well, TimeLapse Digital’s Material, like all time-lapse shots, may contain slight imperfections such as flicker, birds, planes, bugs and colour imperfections. TimeLapse Digital Inc. disclaims all warranties and conditions with respect to these potential artifacts within the material. TimeLapse Digital warrants the Material to be free from defects in material and workmanship for 30 days from delivery. Your sole and exclusive remedy for a breach of this warranty is the replacement of the Material, or a refund of the purchase price, at the option of TimeLapse Digital Inc. TIMELAPSE DIGITAL INC. MAKES NO OTHER WARRANTIES OR REPRESENTATIONS WITH REGARD TO THE MATERIAL AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT ARE HEREBY DISCLAIMED.

Liability
TimeLapse Digital Inc. will not be liable to you for any special, indirect, consequential, punitive, or incidental damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Material. LICENSOR'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE no more than the amount paid for the particular Material.

Binding Agreement . Licensee acknowledges that they have read this Agreement in its entirety prior to executing it and that they are familiar with and fully understands its contents, and have had the opportunity to obtain independent counsel in the event they conclude counsel is necessary. The Licensee understands that by completing the order form and downloading or receiving the Material shall constitute this as a valid, binding and enforceable contract.

Indemnification . You hereby agree to indemnify, defend and hold TimeLapse Digital Inc., its officers, directors and employees harmless from and against all losses, costs, damages, judgments, liabilities and expenses including, without limitation, attorneys’ fees arising from any claim

whatsoever and whenever brought, which may be brought based directly or indirectly upon your use of the Material.

Amendments
TimeLapse Digital Inc. reserves the right to amend this agreement at any time.

RECORD COPY OF THIS AGREEMENT . Print a copy of this License and all of its attachments on the date that the order is submitted and paid, so that the Licensee has a copy of the agreement between the parties. The Licensee’s e-mail receipt is proof of License registration.