End User License Agreement 

This End User License Agreement (“EULA”) between you (“you”, a “User” or “Subscriber”) and Footage Firm, Inc. d/b/a Storyblocks (“Storyblocks”) describes how you can use Storyblocks’ Stock Files, including, without limitation, graphics, pictures, video clips, font files, audio clips, and other media content (collectively “Stock Files”) you download from VidsAI (AKA Shorts AI) Video Creator application (The “Application”). For the avoidance of doubt, the license granted in this EULA applies only to you and does not cover any other individual, entity, and/or company. If you need a Business License that is written for and indemnifies you and your entity, company, or client, please contact Storyblocks’ Enterprise team through our website. . 

1. License to Use Stock Files. Storyblocks grants you a perpetual, worldwide, limited, non-exclusive, non-assignable, and non-transferable right to incorporate, in whole or in part, the Stock Files into any and all media, including feature films, broadcast, educational, print, multimedia, games, merchandise, and other projects you create provided the Stock File is incorporated by you and not part of any template that you use. 

1. License Restrictions 

• No Standalone File Use or Stockpiling: You may not: (i) make the Stock Files or any portion thereof, available separate from its incorporation in any larger project that you create; create projects using our Stock files outside of the Application; or (ii) make the Stock Files available in a manner intended to allow or invite a third party to download, extract, redistribute or access the Stock Files as a standalone file; or (iii) use automation, such as computer scripts, to download or scrape high volumes of Stock Files or manually stockpile Stock Files without intending to use them as part of a particular project. 

• No Unlawful Use: You may not use the Stock Files for any pornographic, political, defamatory, or otherwise unlawful purpose, whether directly or in context or juxtaposition with other material or subject matter. 

• No False Representation of Authorship: You may not falsely represent, expressly or impliedly, that you are the original creator of a work that derives a substantial part of its artistic components from the Stock Files. 

• No Trademark Use: You may not incorporate the Stock Files into a logo, corporate ID, trademark, or service mark. 

• No Sensitive Use: Stock Files may not be used in connection with a subject that would be unflattering or unduly controversial to a reasonable person and any such use is a material breach of this Agreement. 

• No Competing Use: You may not use Stock Files to compete with Storyblocks or create a library of content for distribution. 

• Electronic Template Use or On Demand Product Use: Following download from the Application, You may not (i) include the Stock Files in an electronic template for use by third parties on electronic or printed products, cut files, digital scrapbooking or digitized embroidery files intended for multiple distribution; or (ii) use or display the Stock Files on websites (such as Café Press or Zazzle) or in any other medium designed to induce or involving the sale, license or other distribution of “on demand” products (e.g., products in which Stock Files are selected by a third party for customization of such product on a made-to-order basis, including, without limitation, postcards, mugs, t-shirts, calendars, posters, screensavers or wallpapers on mobile telephones, or similar items, including through the sale of custom design websites. 

• NFTs: You may not use any Stock Files in connection with an immutable digital asset intended for sale or distribution (such as a non-fungible token). 

• Restrictions on Machine Learning, AI, or Biometric Technology Uses: You may not use Stock Files (including any caption information, keywords or other metadata associated with content) for machine learning and/or artificial intelligence purposes (i.e., to train AI systems), or for any technologies designed or intended for the identification of natural persons. The foregoing is not meant to serve as a restriction on your ability to use AI to assist in your selection of Stock Files or in the creation of projects that do not transform the underlying Stock Files. 

• Additional Restrictions on Use of Audio Stock Files: You may use audio-based Stock Files within other projects, however in no event may you upload or share any portion of an audio-based Stock File with any digital streaming platform (i.e., Spotify, Apple Music, Pandora, etc.), any online music service of any kind, or other public directory. When using our audio-based Stock Files you may incorporate the audio into another audiovisual work, but you only have intellectual property rights as to the creative value you add. For example, if you make a trivial change to a music track, such as trimming its length, you are not the owner of the copyright in that music track and you cannot then resell the trimmed track as your own work of authorship on a service like Spotify (or anywhere else). Some audio-based Stock Files may be owned by writers or publishers who are affiliated with a Performance Rights Organization (each a “PRO”). Such files will be marked accordingly, and in such cases, public performance uses may need to be reported, and royalties may need to be reported. Some of our music is PRO-Free, including our wholly owned Library, also known as Storyblocks Label. 

• Identifiable People and/or Property: When Stock Files contain depictions of identifiable people and/or property, Storyblocks will clearly mark whether the people and/or property depicted are the subjects of release agreements that enable you to use such Stock Files without further clearance (e.g., either “Model Released” or “Property Released”). If a Stock File depicting identifiable people and/or property is not marked as “Model Released” or “Property Released” (as applicable) you may still use such Stock Files, however, you must obtain any releases that you may need for use in your specific project, and your use of such Stock Files is at your own risk. 

1. Revocation. Storyblocks reserves the right to revoke the license to use any Stock Files for good cause and may elect to replace such Stock Files with alternate Stock Files. Upon notice of any revocation of a license for any Stock Files, you shall immediately cease using such Stock Files, shall take all reasonable steps to discontinue use of the revoked Stock Files in products that already exist and shall inform all end-users and clients of same. The replacement Stock Files is subject to the terms and conditions of this EULA. 

1. Warranty and Limitation of Liability. 

Storyblocks warrants that: (i) the Stock Files will be free from defects in material and workmanship for thirty (30) days from delivery and your sole and exclusive remedy for such breach is the replacement of the Stock Files; (ii) it has all necessary rights and authority to enter into and perform this Agreement. 

STOCK FILES ARE PROVIDED “AS IS.” STORYBLOCKS MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, QUALITY OF CONTENT, OR COMPATIBILITY WITH ANY COMPUTER HARDWARE OR 

OTHER EQUIPMENT, OPERATING SYSTEM, OR SOFTWARE PROGRAM. STORYBLOCKS MAKES NO REPRESENTATION OR WARRANTIES THAT THE USE OF THE STOCK FILES WILL BE UNINTERRUPTED OR ERROR FREE. 

STORYBLOCKS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE STOCK FILES, OR OTHERWISE, EVEN IF STORYBLOCKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. STORYBLOCKS’ MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH USE OF OR INABILITY TO USE THE STOCK FILES (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO $20,000. STORYBLOCKS SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS OR LOSSES ARISING OUT OF OR AS A RESULT OF MODIFICATIONS MADE TO THE STOCK FILES BY YOU OR THE CONTEXT IN WHICH STOCK FILES ARE USED BY YOU. 

1. Indemnity. 

By You. You agree to defend, indemnify, and hold Storyblocks and its parent, subsidiaries and affiliates and their respective officers, directors, and employees harmless from all damages, liabilities, and expenses (including attorneys’ fees and costs), arising out of or as a result of claims by third parties relating to your use of any Stock Files or any other breach by you of this EULA. 

By Storyblocks. Provided that you remain in compliance with this Agreement, Storyblocks agrees to defend, indemnify, and hold you, your company or organization, and its parent, subsidiaries, and affiliates, and their respective officers, directors, and employees, harmless from all damages, liabilities and expenses (including attorneys’ fees and costs), arising out of or as a result of third-party claims that any unaltered Stock Files, exactly as downloaded from the Platform, infringe the copyright, patent and/or trade secret rights of such third party. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH ABOVE, (I) (I) THIS INDEMNIFICATION OBLIGATION SHALL NOT APPLY TO THE EXTENT ANY SUCH CLAIM ARISES OUT OF OR RELATES TO (A) ANY COPYRIGHT, TRADEMARK OR LOGO DEPICTED WITHIN ANY STOCK FILES OR (B) THE USE OF A STOCK FILE WITHIN A PROJECT PROVIDED THE STOCKFILE AS A STANDALONE FILE IS NOT ALLEGED TO INFRINGE; AND (II) THE MAXIMUM AGGREGATE AMOUNT STORYBLOCKS SHALL BE OBLIGATED TO PAY PURSUANT TO THIS SECTION IN CONNECTION WITH ALL SUCH CLAIMS ARISING UNDER THIS AGREEMENT IS THE LESSER OF $20,000 AND YOUR ACTUAL, DIRECT DAMAGES. 

Procedure. Upon becoming aware of a claim, as applicable, the corresponding indemnified Party will (i) provide prompt written notice to the indemnifying Party of such claim; (ii) allow the indemnifying Party to control the defense and settlement of each such claim, and (iii) provide reasonable assistance to the indemnifying Party in connection with the defense and settlement of each such claim. Neither Party, as applicable, may settle such a claim without the prior written consent of the indemnifying Party (which consent shall not be unreasonably withheld, conditioned or delayed) if any settlement or compromise (i) admits to liability on the part of the indemnified 

Party; (ii) agrees to an injunction against the indemnified Party; or (iii) settles any matter in a manner that separately apportions fault to the indemnified Party. The failure of any indemnified Party to give notice of a claim as provided herein shall not relieve the indemnifying Party of its obligations under this section, the extent the failure to give such notice is not prejudicial to the indemnifying Party’s ability to defend the claim. 

1. Other Legal Provisions.. 

This EULA is governed by the laws of the State of Delaware, without reference to principles of conflicts of laws. If any provision of this EULA is found invalid, the other provisions will not be affected. 

Any controversy or claim arising out of or relating to this EULA shall be settled by arbitration in Wilmington, Delaware, and the arbitration shall be governed by the laws of the State of Delaware. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both.