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Copyright Notice and Terms of Use http://www.coltpromo.com LICENSE TERMS MATERIALS. Materials shall be defined as any COLT STUDIO graphic file made available to Licensee either via this website or by other methods. ALLOWED/PROHIBITED USES. COLT STUDIO hereby grants Licensee the following revocable, limited-use license of materials, said license being subject to all terms and conditions of this agreement. Licensee may use materials for any of the following allowed uses subject to the terms set forth herein: Allowed Uses: - Reviews of a COLT STUDIO release with a minimum of 100 words - A model's website provided such site is operated by or at the request of the model - News or interest articles substantially about COLT STUDIO or its releases - Use on a retail website selling COLT STUDIO releases or other COLT STUDIO products Prohibited Uses: - Licensee may not use materials for any of the following prohibited uses. - Any use as miscellaneous content - Reviews of COLT STUDIO release of fewer than 100 words - Use on any pay website, including AVS sites without COLT STUDIO 's prior express written consent - Any use that does not comply with the terms herein - Use in any advertisement without COLT STUDIO's prior express written consent - Any use relating to or promoting live events, charity fundraisers or special promotions without COLT STUDIO 's prior express written consent - Use by models or performers for personal services, interviews or pay websites - Any use in places of public entertainment or exhibition, including theaters, video arcades, bars, bath houses and the like - Any use not specifically delineated above as an allowed use If Licensee has any doubt of whether or not a use is authorized, Licensee should request written clarification and approval from COLT STUDIO. COPYRIGHT NOTICE. Materials have been watermarked and labeled with relevant copyright and ownership information. Licensee agrees not to alter this information in any way. Licensee agrees to indemnify COLT STUDIO in the event of any loss or losses suffered by COLT STUDIO as a result of Licensee's removal or alteration of said information. GRANT OF LICENSE. Any use not specifically allowed for herein is expressly prohibited. The allowed uses described above are granted to Licensee as a revocable limited-use license only. Licensee shall not copy, project, scan or display the materials in any manner other than as described above. In no event may the enclosed materials be used as miscellaneous content for any reason without the further express consent of COLT STUDIO. No implied license of any of COLT STUDIO'S exclusive copyright or trademark rights shall be conveyed by this agreement. COMPENSATION FOR UNLICENSED USE. For each use of materials other than those authorized by this license, Licensee shall pay COLT STUDIO $2,500 per image and $25,000 per video clip as fair and reasonable compensation. If Licensee has any doubt of whether or not a use is authorized, Licensee should request written clarification and approval from COLT STUDIO. TRANSFER OF LICENSE PROHIBITED. Any rights or interests granted to or transferred herewith are non-assignable by Licensee without the express written authorization of COLT STUDIO. Licensee may not license, transfer, sublicense, give, lend, assign or otherwise dispose of the enclosed materials to any other person or entity for any reason whatsoever without the express written permission of COLT STUDIO. ACCESS TO MATERIALS. Licensee will be granted access to materials through a password-protected website. The password assigned to Licensee is confidential and Licensee is strictly prohibited from distributing the password to any other individual, business entity or organization. Licensee will be held liable for any unauthorized use of materials resulting from the improper distribution of its confidential password. PROHIBITION ON MODIFICATIONS. To control unauthorized dissemination, downloading, linking and/or distribution of the materials, Licensee warrants and agrees that, in addition to any other terms or requirements contained herein, Licensee will not combine, add to, alter or modify the materials, including but not limited to the addition of banner ads, new advertising, new or changed text, new or changed images or other content not described in the allowed use(s) above, and also including but not limited to cropping or the removal of any portion of any graphic file, particularly portions of the file containing text, watermarking or copyright information. PURCHASE INFORMATION REQUIRED. If a Licensee uses material for any purpose other than to promote sales of COLT STUDIO products on a retail site, Licensee agrees to display information on how to purchase videos or other products from COLT STUDIO on every page of Licensee's Internet site where COLT STUDIO images appear relating to or connected with any of COLT STUDIO 's videos, CD-ROMs and/or other COLT STUDIO products. Licensee agrees to display such purchase information as is reasonably acceptable to COLT STUDIO, including, by way of example, an active/live COLT STUDIO hyperlink that reads "...to purchase this video contact COLTstudiostore.com or at (800) 445-COLT (2658)". Retail sites selling COLT STUDIO products are not required to include such purchase information. JURISDICTION AND LAW. This license shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States of America without reference to the conflict of law provisions thereof. By accepting the terms of the license, Licensee consents to personal jurisdiction and venue in and before the State Courts of California and the Federal District Court for the Northern District of California. TERMINATION OF LICENSE. COLT STUDIO shall have the sole right to terminate any rights granted in this document upon 7 days written notice thereof. INTEGRATION. This Agreement represents the complete agreement and understanding concerning the license granted hereof and may only be modified in writing signed by an authorized representative of COLT STUDIO. Licensee agrees to contact COLT STUDIO with any questions or mutually beneficial proposals Licensee may have. COLT STUDIO welcomes the ideas of all its business partners and associates.
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