LICENSE AGREEMENT
Content License Agreement (CLA)
This Content License Agreement (“CLA”) is a legally binding agreement between you (“the Licensee”) and CINEMIQ (“we,” “us,” or “our”) regarding the licensing and use of digital assets provided by us. By purchasing or using our products, you agree to the terms outlined in this CLA.
1. Definitionen
1.1 Content:
The term “Content” refers to digital media assets, including but not limited to video templates, audio files, images, and design assets, that are licensed to you under this CLA.
1.2 Project:
A “Project” is an audio-visual or other creative work that integrates or synchronizes the Content.
1.3 End Product:
An “End Product” is the final version of a Project created by you, into which the licensed Content has been integrated. End Products may include videos, websites, presentations, advertisements, films, or other media.
2. Grant of License
Subject to the terms of this Agreement, CINEMIQ grants you a limited, non-exclusive, non-transferable, worldwide right to use the Content in your Projects and End Products. This license does not grant ownership of the Content. CINEMIQ retains full ownership of all Content and associated intellectual property rights.
3. Usage Terms
3.1 Permitted Uses:
You may use the Content for:
• Personal or commercial Projects you create.
• Professional Projects on behalf of clients, provided the Content is inextricably integrated into the final End Product.
3.2 Restrictions:
You may NOT:
• Sell, redistribute, transfer, sublicense, or share the Content with any third party.
• Store the Content in a way that makes it accessible to individuals or organizations without a valid license.
• Use the Content in any project that competes with CINEMIQ’s offerings (e.g., stock content platforms).
• Register or claim ownership of the Content, even if synchronized within your Project, using content detection services (e.g., YouTube Content ID or Facebook Rights Manager).
3.3 Storage:
The Content may only be stored on devices or cloud services owned or controlled by you. Unauthorized sharing or group purchases (“license pooling”) are strictly prohibited.
3.4 Third-Party Access:
You may provide access to the Content to service providers (e.g., audio mixers, editors) solely to complete work on a Project. These providers must not retain or reuse the Content after the Project is completed.
4. Subscription Products
For subscription-based licenses, your right to use the licensed Content is contingent upon maintaining an active, paid subscription.
• Upon termination or expiration of your subscription, your license to use, modify, or distribute the Content becomes void.
• CINEMIQ reserves the right to restrict access to subscribed Content in the event of non-payment or cancellation.
5. Warranties and Disclaimers
5.1 Your Warranties:
You represent and warrant that:
• You have the authority to enter into this Agreement.
• Your use of the Content will not violate any applicable laws or third-party rights.
5.2 Disclaimer of Warranties:
The Content is provided “AS IS” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. CINEMIQ does not guarantee that the Content will meet your expectations or be free of errors.
6. Limitation of Liability
To the extent permitted by law, CINEMIQ shall not be liable for:
• Any indirect, incidental, special, or consequential damages, including but not limited to loss of data, profits, or business opportunities.
• Damages exceeding the greater of $100 or the total amount you paid for the license.
You assume full responsibility for any risks associated with your use of the Content.
7. Termination and Enforcement
CINEMIQ may terminate this Agreement if you breach its terms. In the event of termination, you must cease all use of the Content, including removal from all Projects and End Products.
We reserve the right to discontinue licensing specific Content at any time and may require you to stop using the Content if legal claims arise regarding its use.
8. Governing Law and Dispute Resolution
This CLA is governed by the laws of Germany. If you are a resident of the European Union, you are entitled to additional consumer protection rights under the laws of your country of residence.
For disputes arising from this Agreement, both parties agree to the non-exclusive jurisdiction of the courts in Frankfurt/Main, Germany.
9. Trade Control and Compliance
The Content is subject to German and EU laws governing the import, export, and use of digital goods. You agree to comply with all applicable regulations.
10. Entire Agreement and Amendments
This CLA constitutes the entire agreement between you and CINEMIQ regarding the licensed Content. Any amendments or waivers must be in writing and signed by both parties.
For questions about this Agreement or licensing inquiries, please contact us at:
CINEMIQ
Feithstr. 129, 58097 Hagen, Germany
Email: contact@cinemiq.com