AMERICAN PLAYBACK LICENSE AGREEMENT
CLIENT AGREES TO FOLLOWING TERMS AND CONDITIONS:
1. If Licensee requests broadcast-quality elements, Licensee will be billed for the footage.
2. American Playback warrants that the Footage is in the public domain and/or has been duly licensed from the copyright holder of record and will indemnify and hold harmless Licensee from any and all claims, losses, demands and liabilities resulting from claims of copyright infringement except as set forth in the following:
American Playback makes no other warranty to any other rights of any nature whatsoever. Licensee must obtain all other clearances and permissions necessary and pay all re-use fees and other permissions necessary and other compensation related to the use of the footage (Primarily but not exclusively music, talent, underlying works, trademark, professional organizations, leagues, event rights holders/or personal releases) and shall indemnify and hold American Playback and its suppliers harmless from any and all claims, losses, demands and liabilities arising out of Licensees’ use of footage that is not covered by Licensor’s indemnity.
3. Footage is licensed on a non-exclusive basis. The footage may be used solely in the Program or production specified by Licensee and for no other purposes whatsoever. Under no circumstances may Licensee sub-license any Footage except to the extent and in the form that such Footage is contained in the Program or production. Nothing herein shall be deemed to preclude Licensee's right to freely assign the Program, in whole or in part to any individual, firm or corporation.
4. All Footage used will be billed at the specified rate. Usage of audio will be counted as footage used.
5. Upon any breach of this agreement, the undersigned further agrees to pay all reasonable outside attorney’s fees and any actual and reasonable costs of collections necessary to enforce this agreement.
6. In no event shall American Playback have the right to enjoin or restrain the production, distribution, exhibition, advertising or exploitation of the Program.
7. First time clients must pay all fees prior to receiving fully executed license agreement.
8. American Playback and its supplier’s liability here under shall be limited to amounts received pursuant to this agreement. In no event shall American Playback be liable for incidental or consequential damages.
10. In the event of a breach by Licensee, American Playback’s sole remedy shall be at law for money damages and in no event shall American Playback be entitled to restrain, impair or otherwise enjoin the production, distribution and/or exploitation of the Program.