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this outlines the date your order was placed.
the payment is due immediately. comps, or complimentary preview images, are solely for internal assessment to evaluate if the content is suitable for your intended project. this allows you to determine whether to obtain a rights-managed or royalty-free license. unless explicitly stated otherwise on the invoice, the comps license is valid for thirty (30) days from the download or receipt date.
after the initial term, you are prohibited from duplicating, distributing, publicly presenting, or otherwise using the comps without securing the necessary rights-managed or royalty-free content license.
should you opt not to acquire such a license, you are obligated to erase all copies of the comps content upon the term's expiration.
the content's usage is restricted to you exclusively, and solely for your purposes. unless explicitly indicated and incorporated into the approved end-use, you are forbidden from selling, renting, lending, providing, sublicensing, or in any manner transferring the content, or any reproduction rights thereof, to third parties.
ownership and intellectual property: bernama and its content providers retain all rights, title, and interest to all copyrights, patents, trademarks, trade secrets, and other proprietary rights associated with the content.
this agreement only grants limited licenses as specifically defined; no other rights are conferred.
any right, title, or interest originating from compilations or derivative works using the content will not permit you to utilize the content except as authorized herein.
limited warranty and disclaimer: except as explicitly stated, bernama, acting on behalf of itself and its content providers, disclaims all other warranties, whether express, implied, or statutory, concerning the content, online systems, or licenses under this agreement.
this includes, without limitation, any implied warranties of merchantability or fitness for a particular purpose.
the preceding limitations apply regardless of any failure of essential purpose. alterations to editorial and fine art content: editorial, news, and fine art content are subject to specific ethical considerations.
when using such content, you assume full responsibility for any claims resulting from modifications or alterations to the content, and you agree to indemnify bernama accordingly. exceptions are made for standard color correction, minor cropping for space constraints, or caption adjustments.
your indemnification of bernama: you commit to indemnify and hold harmless bernama, its content providers, officers, directors, employees, contractors, subsidiaries, joint ventures, licensors, and licensees from any claims, including those from third parties, liabilities, damages (including punitive damages), judgments, settlements, costs, and expenses, including reasonable legal fees, arising from or related to:
- your violation of this agreement.
- your utilization of the content.
- your publication of any content.
- any other actions or omissions associated with your use of the content.
despite the above, bernama's obligations under section 10 are contingent upon receiving written notification from you within ten (10) days of your awareness of any indemnity claim.
furthermore, bernama reserves the right to defend or control the defense of such claim. notably, bernama assumes no obligation regarding claims covered under section 9.
access to content does not grant you the right to use it. unless otherwise specified in the invoice or content-specific webpage, the rights granted by bernama do not encompass a license to, and bernama makes no guarantees regarding ownership or licensing of rights pertaining to individuals, locations, properties (real, personal, or otherwise), or subjects depicted in the content.
all content may be subject to copyrights, trademarks, publicity rights, moral rights, property rights, or other rights belonging to third parties.
you bear the sole responsibility for assessing whether your intended content use requires consent from other parties or licenses for additional rights. it's imperative to not solely depend on the information provided by bernama.
you are solely accountable for procuring any necessary releases and clearances, including, but not limited to:
- model releases for identifiable individuals.
- property releases for recognizable private properties.
- trademark clearances for logos or branding.
if you're uncertain about the need for additional rights for your usage, it's your responsibility to seek advice from competent legal counsel.
no bernama employee or representative is authorized to make warranties beyond those explicitly stated herein, and you must not rely on any such representations.
you do not acquire, nor may you claim, any trademark, copyright, or other rights to the content itself beyond the approved end use. unauthorized content usage constitutes copyright infringement and violates other applicable rights, entitling bernama to pursue all remedies under copyright and other laws, including monetary damages against all users and beneficiaries of unauthorized use.
bernama, at its sole discretion, retains the right to bill you - and you hereby consent to pay - ten (10) times the license fee for any unauthorized usage.
this is in addition to any other fees, damages, and penalties that bernama may be entitled to under this agreement and applicable law.
this may involve a usage-based royalty obligation, as specified in the invoice, necessitating the submission of an accounting or other records validating your content use.
payment is due within thirty (30) days from the date the invoice is issued, or the date specified on the invoice, whichever is earlier.
a late payment charge of one and one-half percent (1.5%) per month, or the maximum rate permitted by law, will be applied to overdue amounts.
duplicate usage of footage, freeze frames, or slow-motion sequences will be calculated based on the actual on-screen duration of the footage. taxes: you are responsible for covering all applicable sales and use taxes.
if cancellation notice is received more than seven (7) days after the order date, cancellations will not be accepted, and you are liable for the full invoice amount.
any cancellations are subject to applicable service charges, production fees, processing and handling fees, and shipping fees.
all licenses associated with the cancellation will immediately terminate upon cancellation. all cancellations are final. upon termination, cancellation, or expiration of this agreement, neither you nor any entity covered by your license retains the right to utilize the content.
if a term isn't specified in the invoice or license agreement, you may store a copy of the content for a maximum of 30 days after accessing it.
upon termination or expiration of your rights concerning content under an invoice or license agreement, you must cease all use and promptly delete or destroy all digital copies, with the exception of one archival copy of your created work incorporating the content.
protection of content: if content use is authorized on the internet or other online or interactive media, you must implement your best efforts to safeguard the content against unauthorized copying.
concerning footage, ensure it remains within the licensed linear production and cannot be readily searched by shot and downloaded in broadcast or substantially similar quality.