Video Training Privacy & License Agreement
1. Grant of License. Licensor grants to Licensee a non-exclusive, non-transferable, and non sub-licensable right to use the videos, in whole or in part, for commercial or non-commercial use, subject to the terms and conditions of this Agreement.
2. Restrictions. The Licensee shall not use the videos in any way that is or could be considered defamatory, libelous, or obscene. The Licensee shall not use the videos for any illegal or unauthorized purpose. The Licensee shall not sell, license, sublicense, distribute, or otherwise make available the videos or any portion thereof to any third party or alternate construction project.
3. Duration of License. The term of this license shall commence on the Effective Date and continue for a period of ten (10) years. Upon expiration of the initial term, this license shall automatically renew for an additional ten (10) year term, unless terminated by the Licensee through written notice delivered to the Licensor at least thirty (30) days prior to the expiration of the current term. The Licensee shall be responsible for monitoring the expiration date of the license and initiating the cancellation process. The Licensor shall not be responsible for providing any renewal reminders to the Licensee.
4. Renewal Fee. The renewal fee for each video will be $2000.00(cdn).
5. Definition of “Video”. For the purposes of this Agreement, the term “Video” shall refer to an edited version or segment created from the original raw footage or videos that have been downloaded by the licensee.
6. Ownership. Licensor retains all right, title, and interest in and to the videos, including all copyrights and other intellectual property rights.
7. Indemnification. The Licensee shall indemnify and hold Licensor harmless from and against any and all claims, damages, and expenses, including reasonable attorney’s fees, arising out of or in connection with the Licensee’s use of the videos.
8. The individual who accesses and downloads the “Video(s)” hereby represents and warrants that they are acting as an authorized representative of the company they represent, and that said company shall be bound by all terms and conditions outlined in this agreement.
9. Usage: The Video(s) shall be used exclusively for local training purposes and may not be utilized for any promotional or marketing endeavours.
10. Marketing and Promotional Use. In the event that the licensee utilizes any of the Videos for marketing or promotional purposes or transfers them to a third party company for such purposes, the licensee agrees to immediately purchase all of the Video content downloaded for a sum of $300,000 (Canadian dollars). This purchase shall include all rights to use the Videos for marketing and promotional activities and any transfers of ownership to a third party company for such purposes.
11. License for Video Consumption. This Agreement grants a license to the licensee to consume the videos exclusively on local computers. The videos shall not be used on any online streaming platforms, internet/intranet, or building management or maintenance systems without the express written consent of the licensor. The appearance of the videos on any unauthorized third party, including but not limited to streaming platforms, apps, or building management/maintenance systems, shall be considered a breach of this Agreement. In such event, the licensor shall automatically enter into a new license agreement with the recipient, requiring the payment of $2,000.00 per video.
12. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the country of Licensor’s residence.
13. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.
14. Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
15. Waiver. The failure of either party to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing.
By checking the “I accept these terms for download” checkbox in this online form, you (the “Licensee”) are entering into this (“Video”) License Agreement (“Agreement”) with Kevin Klymchuk, the creator & owner of the videos (“Licensor”), as of the date of download (“Effective Date”).