Content and Image Release

The party whose name appears as the Licensor on the signature line below (“Licensor”) hereby grants Hastings Tile & Bath, Inc. whose name appears below (“Licensee”) a license (as described below) for the use of a film/video segment(s)/photograph(s)/article(s) owned or controlled by Licensor (“Material” as described below) in a web site/material being produced or operated by Licensee described below (“Work”). Licensor hereby irrevocably grants to Licensee Hastings Tile & Bath, and their licensees, distributors and assignees, a non-exclusive license to include the Material in the Work or in any other work, at Licensee’s discretion, and to advertise, broadcast, distribute, edit, exhibit, promote, record, web cast, or otherwise commercially exploit the Material by any and all means, media, devices, processes and technology, whether now known or hereafter developed, including, without limitation, television, radio, Internet, wireless, podcasting, theatrical and home distribution, sound recording, publishing, commercial tie-up, and merchandising, in perpetuity throughout the universe; except that in countries that limit such licenses in time, the license shall remain in effect for the maximum period permitted by applicable law. Neither Licensee nor any of the other including Hastings Tile & Bath, Inc. shall be obligated to pay to Licensor any additional consideration, therefore. Nothing herein shall be construed to obligate Licensee, Hastings Tile & Bath to advertise, broadcast, exhibit, or transmit the Work of any other work that contains the Materials. Neither Licensee nor any of its successors, licensees, assigns or distributors will have the obligation to pay Licensor any additional amounts for the rights granted herein or for the use or exploitation of the Work in any form or media, whether now known or hereafter developed.

Licensor represents and warrants to Licensee that: (a) Licensor owns or otherwise controls the worldwide copyrights to the Material; (b) Licensor has no knowledge of any claim or potential claim by any party that might in any way affect any of the rights herein granted to Licensee; and (c) the exercise of the rights herein granted to Licensee will not in any way, directly or indirectly, infringe upon or otherwise violate any statutory or common law rights of any person or entity whatsoever, including, without limitation, copyrights, contractual rights, and rights of publicity or privacy. Licensor further represents and warrants that: (d) Licensor will execute any further documents and do all acts necessary to fully effectuate the terms and provisions of this Release; and (e) Licensor will not make any announcement (public or otherwise) concerning Licensee, Hastings Tile & Bath, Inc., this Release, or any of the rights granted herein. Licensor will not use any information pertaining to Licensee, Hastings Tile & Bath names, or trademarks for any purpose whatsoever.

Licensor shall defend, indemnify and hold harmless Licensee, their employees, officers, directors, agents, licensees, successors, assigns and distributors (the “Indemnified Parties”), from and against any and all claims, damages, liabilities, losses and expenses (including reasonable attorneys’ fees and costs) suffered or incurred by Indemnified Parties on account of or in connection with the breach of any of Licensor’s representations and warranties set forth herein.

Licensor represents and warrants to Licensee that: (a) Licensor has the right and is free to enter into this Release and to fully perform hereunder; (b) the execution, delivery and performance of this Release and the exercise by Licensee of the rights granted herein will not conflict with any agreement or with any third party; (c) Licensor is competent to execute this Release and is 18 years or older; (c.i) if Licensor is executing this Release for a minor, Licensor is either a parent will full legal rights relating to the minor, or is the minor’s legal guardian, and guarantees the performance of the minor under this Release and will indemnify and hold the Indemnified Parties harmless as set forth above; (c.ii) If Licensor is executing this Release as the agent of the person named below, Licensor is duly authorized to sign this Release on behalf of the person named below and both the person named and below and will be bound by this Release; or (c.iii) if Licensor is executing this Release on behalf of an entity, the entity has the power and authority to enter into this Release and Licensor is duly authorized to sign this Release on behalf of such entity.

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