Opta Graphics Addendum
Opta Graphics Addendum
- Licensee shall be granted access to the Opta Graphics platform (“Opta Graphics”), which shall include the agreed upon graphic templates.
- Licensee shall be granted an individual user access to Opta Graphics and shall be solely responsible for the management of its Opta Graphics access and shall remain fully liable for any breach of this Addendum or the Agreement by its employees and sub-contractors. Licensee will ensure that all access to and use of Opta Graphics by Licensee, its employees and sub-contractors, or otherwise through Licensee’s facilities, equipment, identifiers or passwords, will be in accordance with the terms of this Agreement, will be made and used solely for proper and legal purposes, and will be conducted in a manner that does not violate any law, rule or regulation, or the rights of any third party.
- Licensee represents that it owns or otherwise has all necessary rights, licenses and consents with respect to all images and videos that are received, posted, transmitted or stored by Licensee or on Licensee’s behalf on, or in connection with, Opta Graphics. Licensee shall not upload, post or make available in connection with the use of Opta Graphics any copyrighted, trademarked or other proprietary material without the express written permission of the owner of the copyright, trademark or other proprietary right. Additionally, in the event there is a dispute about copyright or other proprietary right, the burden of determining that the material is not protected by copyright or other proprietary right rests with the Licensee. Licensee will indemnify and hold Stats Perform harmless against any losses, liabilities, damages, penalties, adverse effects, interest, costs and expenses suffered or incurred by Stats Perform (or its affiliates) as a result of any threats, claims, demands, proceedings, judgements or causes of action by a third party arising as a result of this paragraph 3.
- In the event Stats Perform receives what it deems to be, in its reasonable estimation, a valid third party complaint or request to remove material derived or resulting from Licensee’s use of Opta Graphics, Licensee agrees to cooperate by promptly removing and ceasing use of the allegedly proprietary or protected material upon notice from Stats Perform.
- Licensee may source images and videos from Getty for use in connection with Opta Graphics only if it has a valid Getty Subscription Agreement (“Getty Images”). Use of the Getty Images are subject to a display of the relevant credit/caption as follows: “[Photographer’s Name]/[Collection Name]/Getty Images” or as directed by any instruction received by Licensee directly from Getty Images.
- Stats Perform will have no liability for any infringement claim that (i) is based on modification of Opta Graphics by or at the direction of Licensee; (ii) results from Licensee’s failure to use an updated version of Opta Graphics made available to Licensee; (iii) is based on the combination or use of Opta Graphics with any third party software, program, device or materials; or (iv) results from Licensee’s use of Opta Graphics in a manner that is inconsistent with its intended use or is in breach of this Agreement, including this Addendum.
- Licensee has no right to (a) enable any third party to access or use Opta Graphics; (b) engage in, permit or continue any unauthorized copying, reselling or distribution of Opta Graphics; (c) grant any sublicense or other rights to Opta Graphics; (d) reverse engineer, disassemble or decompile all or any portion of, or attempt to discover or recreate the source code for, Opta Graphics; or (e) remove, obscure or alter any intellectual property rights notice related to Opta Graphics or Stats Perform.
- In addition to the rights contained within the Agreement, Stats Perform shall be entitled to terminate the Agreement and/or suspend and/or terminate the supply of Opta Graphics to the Licensee if the Licensee is in material or persistent breach of any provision of the terms of this Addendum.
