1. Customer (as identified below) hereby irrevocably grants to Autodesk, its affiliates and licensees, including without limitation Autodesk resellers and distributors, and each of their respective successors and assigns (collectively, “Autodesk”) the non-exclusive right to use Customer’s story and/or related imagery, videos, slides, or other items, including Customer’s name, logos, quotations, and product descriptions and uses, and/or the names and likenesses of Customer employees, which may be specified more fully below (collectively, the “Items”). The Items may be used in connection with any or all of Autodesk’s internal or external advertising, marketing, packaging, promotional, or sales materials (collectively, “Materials”) and on the terms described herein (collectively, the “Rights”). The Rights include but are not limited to the rights to advertise, promote, publicize, reproduce, perform, display, distribute, transmit, exhibit, make derivative works of, and otherwise use the Items, or any part or derivative thereof, alone or as part of the Materials, at no charge, perpetually, worldwide, and in all media and by all means (now known or hereafter devised), without limitation, including, print publications, the internet, video or audio broadcasts, and slideshows. Autodesk may reformat, resize, crop, silhouette, color correct, juxtapose, edit, or make other minor changes to the Items, but otherwise will not make substantial changes to the Items without Customer’s consent.
2. This Form does not give Autodesk ownership of any intellectual property rights in the Items. Autodesk will display the credit line indicated below (if specified) in connection with its uses of the Items, wherever practicable. Customer agrees that Customer’s exclusive remedy (if any) for any failure to credit Customer or for any other claim arising out of exercise of any Rights shall be limited to an action at law for damages; Customer shall not be entitled to any injunction or other equitable remedy. Customer hereby irrevocably waives all moral, publicity, and other rights whatsoever, and releases and holds harmless Autodesk and its officers, directors, employees, and agents from all claims of any nature, known or unknown, arising out of the exercise of any Rights. Customer understands that Customer will not receive additional compensation in exchange for the Rights and that Autodesk may or may not exercise any Rights, in its sole discretion.
3. Customer represents and warrants that: (a) the individual signing below has the full right and authority to sign for Customer; (b) Customer has the full right and authority, including all publicity and intellectual property rights, needed to grant the Rights, and no third party’s consent is required; (c) exercise of the Rights will not infringe upon, violate, or conflict with any legal or contractual rights of any third party; and (d) all statements in the Items are true and not misleading and have not been provided for compensation. This Form shall be governed by California law, without regard to conflict-of-laws principles. This Form constitutes the entire agreement with respect to its subject matter and may be modified only by written agreement signed by Customer and Autodesk. This Form binds Customer and Customer’s heirs, executors, successors, and assigns. If Customer is a resident of Canada, Customer confirms that it is Customer’s wish that this Form, as well as other documents relating hereto, have been and shall be written in the English language only. Si l'émetteur de la licence est un résident canadien, celui-ci confirme sa volonté que le présent formulaire ainsi que les documents relatif à celui-ci ont été et seront rédigés en anglais uniquement.
