Underwater Footage Release
A one time payment will be made of $1800 for 3 minutes of footage at $10USD/Sec to Mermaid Mission LLC. Before any images or footage is released or used for the purpose intended.
Mermaid Kariel, LLC (“MK”) is the owner of the copyright in [an] image[s] known as Mermaid Kariel underwater. By this instrument, MK grants to Redseven Entertainment GmbH [“Licensee”] a license to display such image[s] solely in connection with the [event/project] known as Galileo Big Picture (Legend) for German national free TV broadcaster ProSieben, subject to the following terms.
1. Licensee shall not reproduce the image[s] on any article of fine art or any other product offered for sale.
2. Licensee shall credit “MermaidKariel.com” and the listed Videographer/Photographer for the images/footage used on the event or project. Credit Font must be no more than 2 points smaller than largest font displayed in project.
3. Licensee shall not alter or modify the image[s] with the exceptions that Licensee may reasonably clip images to fit within a project, and Licensee may adjust lighting to match the project. No other alterations or modifications may be made.
4. Image[s] may not be used in any pornographic, defamatory, libelous or otherwise unlawful manner whether directly or in context or juxtaposition with specific subject matter.
5. Image[s] shall not be associated with any sex, drugs or violence.
6. Licensee shall not use the name, Kariel, or any other trademark associated with Kariel to endorse third party product/event other than the specified above event/ project.
7. Licensee shall not use the name Kariel, or any other trademark associated with Mermaid Kariel, in connection with the use of the image[s], or represent by any other means, either directly or indirectly, that the artist Kariel, MK, or any related entity, is associated with, or approves, endorses or sponsors the activity for which this license is granted.
8. Licensee shall not sublicense any right granted under this License without the express written approval of MK
9. This License shall expire at the conclusion of the activity for which this License
is granted. At any time prior to such natural expiration, this License shall terminate upon the breach by Licensee of any provision of this License. In addition, MK reserves the right to revoke this license, for any reason or for no reason, at any time, by actual notice conveyed orally, or by writing, or by any other communicative means.
10. Upon request by MK, Licensee shall tender to MK all items bearing the licensed image[s], and all materials used to reproduce such image[s], including but not limited to plates, magnetic media, digital media, masters, prints or any other means whether readable only with the aid of a machine or otherwise. Any such request by MK shall serve to transfer ownership of such items and materials to MK without any consideration other than the grant of this License. Upon such transfer, MK may maintain such items and materials, or re-convey or dispose of them by any means it deems proper.
11. Licensee agrees that no delay or omission by MK in exercising any right under this License shall impair any such right, or be construed as a waiver of such right, and that any actual waiver of a claim for a single breach of this License shall not be construed as a waiver of any subsequent breach.
12. Licensee shall be solely liable for any claims arising out of its use of the image[s], and shall defend and indemnify MK and the artist, Kariel, for claims of any kind that may arise from the activity for which this License is granted.
13. In the event that MK shall assert an informal claim or formal legal proceedings against the Licensee arising from this License, MK shall be entitled to recover from Licensee its attorneys’ fees and all other expenses incurred by MK in connection with such action or proceeding, in addition to all other available remedies
14. Licensee agrees that if any provision of this License shall be determined to be void by a court of competent jurisdiction, that such determination shall not affect any other provision of this Agreement, and all such other provisions shall remain in full force and effect.
16. A one time payment will be made of $1800 for 3 minutes of footage at $10USD/Sec to MermaidMission LLC. Before any images or footage is released or used for the purpose intended.