Licensing
This license is intended to protect these images and your company or school. With this license, you can show the images to an audience privately (students, patients, staff, etc.) but you cannot profit from them independently. Cut and paste the images into your personal lectures or videos, but do not sell the images without further licensure. If you have any questions about how you can or cannot use them, please call or email.
SLP Animation, 3D Swallow and 3D Voice Limited Use License Agreement
1. 3D ANIMATION LICENSE SLP Animations grants to User and User hereby accepts, subject to the limitations and obligations of this Agreement, a personal, facility or school non-exclusive, non-transferable Limited Use License to use the Animations only for the written and specified purpose indicated herein.
2. TITLE AND OWNERSHIP Notice is hereby given that the Animations contains copyrighted and /or proprietary information protected by the laws of the United States. SLP Animation retains all rights in, title to, and ownership of the Animations. User shall take all steps reasonable necessary to protect SLP Animation’s ownership rights.
3. LICENSE FEES User agrees to pay SLP Animation prior to or concurrent with the delivery of the Animations the full purchase price for the Animations. Any payment not made when due shall accrue interest at the rate of one and one-half percent (1 ½%) per month. In addition, User agrees to pay SLP Animation any and all applicable tax that is levied in conjunction with the purchase of this License for the purchase of this License for the Animations, whenever SLP Animation must collect and/or pay such taxes from or on behalf of User according to the applicable statutes and ordinances, as interpreted by the departmental authority of the taxing unit. Furthermore, User agrees to pay SLP Animation all costs, expenses, and attorney’s fees expended by SLP Animation in the collection of the purchase price, whether by filing a lawsuit or otherwise.
4. COPYING RESTRICTIONS The Animation may be copied in whole or in part for User’s exclusive use as described in Permitted Uses herein. Unauthorized copying of the Animations is expressly forbidden. User expressly agrees to include SLP Animation’s copyright notice and proprietary interest on all copies of the Animations, in whole or in part, in any form, including data form, made by User in accordance with this Agreement. The Animations are provided for User’s exclusive use. User does not have the right to provide the Animations to others in any form or on any media.
5. OTHER RESTRICTIONS This Agreement is your proof of License to exercise the rights granted herein and must be retained by you. User shall not give, sell, rent, lease, sublicense, or otherwise transfer or dispose of the Animations on a temporary or permanent basis without the prior written consent of SLP Animation. The Animations and/or contracts are non-transferable and shall only be used by the Licensed User. User may not reverse engineer, decompile, disassemble or create derivative works from the Animations.
6. PROTECTION AND SECURITY User agrees not to disclose, publish, release, transfer, or otherwise make available the Animations or any portion thereof, in any form, to any person, other than User’s employees, without prior written consent from SLP Animation. User agrees that the Animations are the property of and proprietary to SLP Animation, and further agrees to protect the Animations and all parts thereof from unauthorized disclosure and use by its agents, employees, or customers. User shall be exclusively responsible for the selection, supervision, management, control and use of the Animations. User agrees to utilize its best efforts to see that its employees or any other user of the Animations complies with the terms and conditions of this Agreement and refrains from taking any steps, such as reverse assembly or reverse compilation, to derive a source cod equivalent of the Animations.
7. EXPORT RESTRICTIONS The Animations may be subject to the export controls of the United States Departments of State and Commerce and User agrees to fully comply with all applicable United States export regulations governing export, destination, ultimate end user, and other restrictions relating to the Animations.
8. UNITED STATES GOVERNMENT RESTRICTED RIGHTS If you are acquiring the Animations on behalf of any unit or agency of the United States Government, the following provision applies--it is acknowledged that the Animations and the documentation were developed at private expense and that no part is in the public domain and the Animations and and documentation are provided with restricted rights. Use, duplication, or diclosure by the Government is subject to restrictions as set forth in Subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 2552.227-7013, or Subparagraphs (c)(1) and (2) of the Commercial Computer Software--Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/Manufacturer is SLP Animation PO Box 87091 Canton, Michigan 48187.
9. PATIENT COPYRIGHT AND TRADE SECRET INDEMNITY User agrees to indemnify and hold harmless SLP Animation against all liability resulting from or related to any claim of patient or copyright infringement, misappropriation, or misuse of trade secrets or other proprietary rights based upon the use by User of the Animations, or any portion thereof, in whatever form, or the exercise by User of any rights granted under this Agreement.
10. LIMITED WARRANTY SLP Animations warrants that the Animations will perform substantially in accordance with the accompanying written materials for a period of seven (7) days from the date of receipt. Upon the return of the defective media and a copy of the invoice, SLP Animation has the option to replace the media or refund the purchase price. In the event SLP Animation elects to refund the purchase price, User’s License is revoked and User warrants and agrees to return the Animations to SLP Animation and to destroy any and all copies made therefrom. In no event shall SLP Animation’s liability exceed the purchase price of the License of the Animations. If the media was damaged by accident, abuse or misapplication, SLP Animation shall have no obligation to replace the media or refund the purchase price. All replacement media will be warranted for a like period of seven (7) days. There is no warranty after the expiration of the warranty period.
11. NO OTHER WARRANTIES SLP Animation disclaims all other warranties, express or implied, including, not limited to, any implied warranties of merchantability or fitness for a particular purpose or arising from usage of trade or course of dealing or performance, with respect to the Animations and the accompanying written materials. In no event shall SLP Animation or its dealers, distributors, officers, agents, employees, or suppliers be liable for any damage whatsoever, whether based on contract, tort, warranty, or other legal or equitable grounds, including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss, arising out of the us of or inability to use the Animations, even if SLP Animation has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
12. NO LIABILITY FOR HARDWARE User assumes complete responsibility for all hardware used in conjunction with the Animations. SLP Animation shall not be responsible in any way for the non-performance or malfunction of any hardware used in conjunction with the Animations, nor for any damages whatsoever arising out of the use of any hardware.
13. INDEMNIFICATION User shall defend, indemnify, and hold SLP Animation harmless from any actions, claims or proceedings with respect to the Animations or other provisions of this Agreement.
14. REMEDIES The remedies provided herein shall not be deemed exclusive, but shall be cumulative and shall be in addition to all other remedies provided by law and equity. No delay or omission in the exercise of any remedy herein provided or otherwise available to SLP Animation shall impair or effect SLP Animation’s right exercise the same. An extension of indulgence or forbearance (which must be in writing) shall not otherwise alter or effect SLP Animation’s rights or obligations nor be deemed to be a waiver thereof. The parties hereto agree that breach of any provisions of non-disclosure, secrecy, confidentiality, copying, use, protection, and security in this Agreement by User will cause immediate and irreparable damage and injury to SLP Animation. Each of the parties confirms that damges a law may be an inadequate remedy for breach or threatened breach of any such provisions. The parties agree that in such event SLO Animation shall be entitled by right to an Injunction restraining the User from violating any of said provisions. User hereby acknowledges that SLP Animation has disclosed or will disclose to User valuable proprietary data set products, which are new and unique and give SLP Animation a competitive advantage in the marketplace, that SLP Animation intends to use such information to expand its business throughout the world, and that a violation of any of the provisions of this Agreement is material and important and SLP Animation shall, in addition to all other rights and remedies available hereunder, at law or otherwise, be entitled to a Temporary Restraining Order and an Injunction to be issued by any court of competent jurisdiction enjoining and restraining User from committing any violation of said provisions, and User shall consent to the issuance of such Injunction. User acknowledges that the remedies provided for in this Agreement are not injurious to nor violative of any public interest or policy, and will not create a hardship greater than is necessary to protect the interest of SLP Animation.
15. GENERAL PROVISIONS
a. Costs and Expenses of Enforcement. In the event of the failure of either party hereto to comply with any provisions of this Agreement, the defaulting party shall pay any and all costs and expenses, including reasonable attorneys’ fees arising out of or resulting from such default (including any incurred in connection with any appeal). Incurred by the injured party in enforcing its rights and remedies, whether such right or remedy is pursued by filing a lawsuit or otherwise.
b. Governing Law, Jurisdiction, and Venue. This Agreement is governed by the laws of the State of Michigan. Jurisdiction and venue for the enforcement of this Agreement shall be found exclusively in the courts within Wayne County, State of Michigan.
c. Further information. Should you have any questions concerning any of the provisions of this Agreement, or if you desire to contact SLP Animation, please write: SLP Animation PO Box 87091 Canton, Michigan 48187.
d. Trademark and Copyright. All SLP Animation products are trademarks or registered trademarks of SLP Animation. All other brand and product names are trademark or registered trademark of their respective holders.