RELEASE FOR PHOTO, VIDEO AND OTHER MATERIALS
I authorize Google Asia Pacific Pte. Ltd. (“Google”) and its affiliates to create an
audio, visual, digital or
other recording (including but not limited to, photographs, digital images, digital
video, digital audio,
videotape, audiotape, or transcript) of me in the Project (collectively, the
“Recordings”). I grant to Google
and its affiliates an unrestricted, sublicensable, assignable, irrevocable,
perpetual, worldwide, non-exclusive
and royalty-free license to use my name, voice, image, persona, likeness, interview,
testimonial,
performance, presentation and any materials supplied by me (“Materials”) in the
Recordings. Materials and
Recordings are collectively referred to as “Content” in this release. This license
includes without limitation
the right to (i) reproduce, create derivative works of, and otherwise use the
Content, in whole or in part, in
any manner or in combination with any other material (the “Works”); and (ii)
publicly display, publicly
perform, sell, rent, distribute (directly or indirectly), transmit, or broadcast the
Content and Works (including
but not limited to use in videos, printed brochures, websites, emails, and blog
posts). Google owns all
intellectual property in the Recordings. Except for the rights and licenses granted
in this release, each party
retains all rights it would have independent of this release.
I am not entitled to receive any fee from Google. I waive all rights and release
Google and its affiliates from
any claim, whether now known or unknown, relating to the use and exploitation of the
Content.
I represent and warrant that: (i) execution of this release will not cause any
conflict with any contract by
which I am bound; (ii) I have full power and authority to authorize this release and
the power and authority to
grant the rights and licenses relating to the Content; (iii) Materials do not defame
anyone; and (iv) I will keep
my participation in the Project confidential.
Each party to this release agrees to use electronic signatures. IN NO EVENT WILL
EITHER PARTY BE
LIABLE FOR ANY DAMAGES UNDER THIS RELEASE IN EXCESS OF USD100. This release will be
governed by the laws of the state of California, USA, except for its conflicts of
laws principles. The parties
will try in good faith to settle any dispute relating to this release ("Dispute")
within thirty days after such
Dispute arises. If the Dispute is not resolved within thirty days, it must be
resolved by arbitration by the
International Centre for Dispute Resolution of the American Arbitration Association
and conducted in
accordance with its Expedited Commercial Rules in force as of the date of this
release. There will be one
arbitrator selected by mutual agreement of the parties. The arbitration will be
conducted in English in Santa
Clara County, California, USA. Either party may apply to any court having
jurisdiction for injunctive relief
necessary to protect its rights pending resolution of the arbitration. Any decision
rendered by the arbitrator
will be final and binding on the parties, and judgment thereon may be entered by any
court of competent
jurisdiction. The arbitrator may order equitable or injunctive relief consistent
with the remedies and
limitations in this release. All information disclosed in connection with the
arbitration, including the existence
of the arbitration, will be confidential Information. The parties may, however,
disclose such information to an
appropriate court under confidentiality restrictions, as necessary to seek
enforcement of any arbitration
award or judgment or to seek any relief permitted under the terms hereof.