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Copyright Licence Terms

SkyCam Copyright Licence Terms

These Copyright LicenceTerms (this “Agreement”) are made as of the effective date of the work order between SkyCam, and Client as provided for on the attached work order.

These terms shall be governed by the laws of England and Wales. These terms will commence on the work order effective date and continue for a period of [1] year(s) or until either party provides written notice of termination to the other party with a 30 day’s notice.

In these terms, the party granting the right to use the Licenced property, SkyCam, will be referred to as the “Owner” and the party who is receiving the right to use the Licenced property, the Client, will be referred to as the “User.”

  1. Owner owns all proprietary rights in and to the copyrightable and/or copyrighted works described in theseterms. The copyrighted works will collectively be referred to as “Work.”
  2. Owner owns all rights in and to the Work and retains all rights to the Work, which are not transferred herein, and retains all common law copyrights.
  3. Owner has agreed to grant, a Licence authorising the use of the Work by User in accordance with the terms and conditions herein

The parties agree to abide by the terms as follows:

  1. GRANT OF LICENCE

    Owner owns the Work as set out in the work order. In accordance with these terms, Owner grants User a non-exclusive Licence to Use the Work. Owner retains title and ownership of the Work. This grant of Licence applies only to the following described geographical area:

    ENGLAND, UNITED KINGDOM

  2. RIGHTS AND OBLIGATIONS

    User shall have the right to use and display the Work under these terms; however, User’s use of the Work shall not include ownership of the copyright in and to the Work or any other rights to the Work not specifically granted in these terms.

  3. MODIFICATIONS

    Unless the prior written approval of Owner is obtained, User may not modify or change the Work in any manner. User shall not use the Work for any purpose that is unlawful or prohibited by these Terms.

  4. DEFAULTS ON TERMS

    If User fails to abide by the obligations of these Terms, including the obligation to make a payment when due, Owner shall have the option to cancel these Terms by providing 30 days written notice to User. User shall have the option of taking corrective action to cure the default to prevent the termination of these Terms if said corrective action is enacted prior to the end of the time period stated in the previous sentence. There must be no other defaults during such time period or Owner will have the option to cancel these Terms, despite previous corrective action.

  5. WARRANTIES

    Neither party makes any warranties with respect to the use, sale or other transfer of the Work by the other party or by any third party, and User accepts the product “AS IS.” In no event will Owner be liable for direct, indirect, special, incidental, or consequential damages, that are in any way related to the Work.

  6. TRANSFER OF RIGHTS

    Neither party shall have the right to assign its interests in these Terms to any other party, unless the prior written consent of the other party is obtained.

  7. INDEMNIFICATION

    Each party shall indemnify and hold the other harmless for any losses, claims, damages, awards, penalties, or injuries incurred by any third party, including reasonable attorney’s fees, which arise from any alleged breach of such indemnifying party’s representations and warranties made under this Agreement, provided that the indemnifying party is promptly notified of any such claims. The indemnifying party shall have the sole right to defend such claims at its own expense. The other party shall provide, at the indemnifying party’s expense, such assistance in investigating and defending such claims as the indemnifying party may reasonably request. This indemnity will survive the termination of these Terms.

  8. AMENDMENT

    These Terms may be modified or amended, only if the amendment is made in writing and is signed by both parties.

  9. TERMINATION

    1. Upon termination or expiration of these Terms, User shall cease reproducing, advertising, marketing and distributing the Work as soon as is commercially feasible. User shall have the right to fill existing orders and to sell off existing copies of the Work then in stock. Owner will have the right to verify the existence and validity of the existing orders and existing copies of the Work then in stock upon reasonable notice to User.
    2. Termination or expiration of these Terms shall not extinguish any of User’s or Copyright Owner’s obligations under these Terms including, but not limited to, the obligation to pay the Owners fees as set out in the work order, which by their terms continue after the date of termination or expiration.

  10. SEVERABILITY

    If any provision of these Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of these Terms are invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

These Terms contains the entire agreement of the parties relating to copyright Licence of the Work and there are no other promises or conditions in any other agreement whether oral or written.

Signing of the work order shall constitute agreement and understanding of the Terms herein.