Extended License Agreement

section one

The service provides tools and functionality to allow you to create designs and to download, share and post these designs to social media or other advertising mediums as governed by the license. You may do so under the following conditions of license contained herein.

Please read and review this license agreement carefully before downloading, sharing any designs or content made through the Service. You agree to be bound by the licensing terms and pay the applicable fee before the license is granted.

If you export, share or download a design or piece of content made in the service you are bound by the terms of this license agreement, the Wavebreak Privacy Policy and the Wavebreak User AgreementWavebreak User Agreement. Please read and review these documents if you have not done so before now. The licensing terms of this agreement apply both to paid content and any content that is available free of charge. These documents are incorporated herein and are made part hereof by reference.

Wavebreak reserves the right to make changes to the license agreement at any time and once these changes are made, if you export, share or download a design or piece of content made in the service you will be bound by the changes. Any changes to the license agreement will be notified to you in advance.


Background

All stock media on this service is protected by Irish, international and USA copyright laws and treaties. Wavebreak Media own all title and interest as well as copyright to the Wavebreak Media content you find on the service. Third party content is either owned by third party partners or the providers and submitters of content to them. Wavebreak Media and its partners and their contributors reserve all rights not expressly granted to you by the terms of this license agreement. The license to use any content is conditional on either (i)your payment of the licensing fee for any paid content or (ii) in the case where free content is made available, the license is conditional on you having provided a credit to Wavebreak as prompted by the service. It is expressly agree herein that the licensing terms and condition, including but not limited to the restrictions of use, apply to all content regardless of whether it is paid or free content.

For any use of the Content without crediting Wavebreak Media, you must purchase a subscription (hereinafter, the “Subscription”) on the service. Wavebreak Media reserves the right to use software to monitor whether you have fulfilled your obligations to apply a credit to free content and to request a remedy if you have not done so. The licensing rights under this license will end automatically without any notice if you breach any of the licensing Terms. In case of termination of the license, you shall cease using Content which has been acquired either by payment of free of charge and you will destroy every copy, whether total or partial, thereof.

The license to use the content is only granted for use within a design. No right is granted for use of the content as a standalone item. Stock media bought must be integrated into another design elements in order to be licensed under the terms of this agreement. You are prohibited from downloading any of the individual elements of the design software as standalone items. This includes the downloading of individual components, which include but are not limited to; still images, audio/visual representations, text, fonts, clipart, design elements, vectors, graphics, animations, videos in any format that are controlled by or obtained, directly or indirectly, from Wavebreak Media and/or the service.

You understand and agree that Wavebreak Media may at its sole undertaking:

  1. Monitor anything you export for compliance or violation with the licensing.
  2. Embed Digital Rights Management software to enable it to track image usage and compliance with licensing terms.
  3. Save a copy of your design creations and use these as part of our Digital Rights Management compliance software.
  4. Terminate your account for non-compliance of the terms of this license whereby you will lose all rights to stock media or any other design, work or interaction you have had with the service.
  5. See remedies for any violation of the terms of the license either directly or through its copyright protection partner(s).
section two

The following is the license

By this Agreement, Wavebreak Media grants you, a non-exclusive, non-transferable, right to use and reproduce content in the following ways, subject to the limitations set forth herein and in Section Three hereof:

  1. On web sites.
  2. As prints, posters and other reproductions which are for non-commercial use and display, which is not for download, resale or distribution.
  3. On business cards, business letterheads, brochures, and on business pop up displays for use in trade shows, without limitation on the print run.
  4. In the artwork for the packaging of any product provided that the print and/ or manufacturing without limitation on the print run.
  5. In multimedia presentations and incorporated into film and video for television and/or internet broadcast.
  6. As CD or DVD cover art and/or artwork, provided that the manufacturing or print run of such CDs or DVDs without limitation on the print run.
  7. As part of editorial or advertising in textbooks, newspapers, books, book covers, magazines, provided that the print or manufacturing run without limitation on the print run.
  8. In eBooks without limitation on the number of Downloads.
  9. Incorporated into merchandise or promotional items for sale or distribution including, textiles, artwork, magnets, wall-art, calendars, toys, stationery, greeting cards, and any other physical reproduction for resale or distribution.

You do not have the right to grant further sublicenses, however, you shall have the right to transfer files containing the work or permitted derivative works to employees, or subcontractors, provided that such employees and subcontractors agree to abide by the restrictions of this agreement.

In the normal course of workflow, you may also convey to a third party temporary copies of the work that are integral to the work product. You may create a digital library, network configuration or similar arrangement to allow the Work to be viewed by employees, partners and clients.

In the event that you create a derivative work based on or incorporating one or more Images, all rights in and to such Images shall continue to be owned by Wavebreak Media subject to your rights to use such Image(s) pursuant to the terms and limitations set forth herein. All other rights in the Images are expressly reserved by Wavebreak Media Ltd.

Wavebreak Media reserve the right to change or modify this agreement at a later date. Wavebreak Media agree to post notice of this change. Wavebreak Media will endeavour to send notice to the contact details that have been provided by you to give notice of any changes in this agreement. Any updated license agreement will only apply to downloads after the license agreement has been changed. Any downloads previously made will be governed by the previous version of the license agreement.

All other rights not listed in this agreement are expressly reserved by Wavebreak Media. Any other uses not listed need to be approved in writing By Wavebreak Media Ltd.

section three

RESTRICTIONS ON RESALE OF DIGITAL MEDIA FILES

You may not use the digital media files in anyway other than specified in Section Two above.

The Digital Media Files and any derivative work thereof may not, in whole or in part, be used, sold, sublicensed, reproduced, distributed, displayed, incorporated into or otherwise made available as templates, standalone backgrounds, stock elements, effects imagery elements,  downloadable files or screen savers. These Restrictions apply even if the Digital Media Files have been altered or changed significantly or contain your own uploaded content.

Under no circumstances can the Digital Media Files and any derivative work, partly or wholly be included in any other media/stock product, collection, set of clips, or library, for distribution or resale.

It is expressly agreed as part of this license that any content exported, downloaded or shared through use of the service, even if it only contains your own uploaded content, will never be sold as stock media.

You may not share the Digital Media files with users, outside of those highlighted in Section Two, by providing access to shared disk, networking of computers or allowing access to internet server folders. You agree to take all steps to prevent third parties from infringing the terms outlined above.

You are prohibited from lending, sub licensing, renting, or donating the Digital media files to another person or company. The files are only allowed to be used on one computer at one time unless by written agreement with Wavebreak Media.

You may not use the digital media files in any way that might be considered defamatory, libellous, obscene, immoral or illegal. This includes use of the digital media files in a way that places any person in the digital media files in a negative light or depicts them in a way that they may find offensive such as the use of the digital media files in;  pornography;  tobacco ads;  ads for escort, dating or similar services; political endorsements, birth control products. You may not use the Digital media files to slander, libel to vilify a person. You may not use the Digital media files to slander, libel to vilify a race, culture, or religion. You may not use the Digital media files to slander libel or vilify a country, region, town, village or any other place.

You may not produce or otherwise create for resale or distribution, any portion of the digital media files on canvas, paper or any other medium. You may not also make printed reproductions of digital media files. You may not use automated programs to download digital media files. You may not put any digital media files on Internet bulletin boards.

You may not use any Digital Media files (in whole or in part) as a trademark, logo or an element thereof. All trademarks and service marks remain the exclusive property of the trademark or service mark owner. You may not alter incidental trademarks or logos contained in the Digital Media in any way which implies an association with or an endorsement by the owner(s) of such trademarks.

Wavebreak Media clearly highlights Digital Media files with model releases and/or property releases on the www.wavebreakmedia.com website. Any Digital Media files that contain images of individuals and for which no model release is available, will be marked "editorial".  Editorial Licensed Material" means Licensed Material relating to events that are newsworthy or of public interest and that is licensed for use in an editorial manner. Wavebreak Media does not otherwise provide any trademark or copyright clearances or model or property releases with respect to the Digital Media Files  and grants no rights and makes no warranties with regard to the use of, people, trademarks, name, trade dress or copyrighted designs or works of art or architecture depicted in any Digital Media files. You shall be solely responsible for determining whether one or more clearances or releases are required in connection with any proposed use of the Digital Media Files. You acknowledge that some jurisdictions prevent the use of a person's image, likeness or property for commercial purposes without their written consent. Wavebreak Media makes no representations or warranties regarding whether or not any additional fees or payments may be due to any union, association or other organization or model depicted in any digital media file.

When incorporating the Digital Media files in print, film, broadcast productions, or video products, you shall use reasonable efforts procedures to provide Wavebreak Media with a copyright credit as follows: "Additional Media provided by Wavebreak Media Ltd, Used by Permission". Wavebreak Media acknowledges that you may be limited in providing this credit due to policies and procedures outside of your control.

section four

Should you receive notice, verbal or written, from Wavebreak Media or if you learn that any of Wavebreak Media’s digital files is subject to an actual claim or a threatened claim of infringement, or any other claim for which Wavebreak Media may be liable, you will remove the digital media files from your computer systems and storage devices, and, if possible, cease any future use of the removed digital media files at your own expense. If Wavebreak Media removes any Digital Media Files for any reason from its library you will do so also by deleting the files. Wavebreak Media shall provide you with replacement Digital Media Files free of charge, but subject to the other terms and conditions of this agreement.

This contract will be governed by and construed in accordance with the laws of the Republic of Ireland. You hereby consent to the personal jurisdiction of the Irish courts located within the Republic of Ireland. All actions, controversies and disputes arising from or relating to this agreement shall be heard and decided exclusively before the courts located within the Republic of Ireland. You agree to accept the exclusive jurisdiction of the Irish courts in any legal dispute regardless of conflicts of laws. This agreement shall not be governed by the United Nations convention on contracts for the international sale of goods, the application of which is expressly disclaimed.

The agreement is effective until explicitly terminated; however, the agreement will terminate automatically without notice from Wavebreak Media if at any time you fail to comply with the terms agreed in this document.

section five

In the event of you breaking any of the terms of agreement, Wavebreak Media has the right to immediately terminate your account without any notice. In the event of insolvency, the appointment of a liquidator or bankruptcy, your account will may also be terminated without notice. Upon termination of your account your agree to immediately cease to use any digital media files purchased from Wavebreak Media and delete all copies of digital media files in your possession.

Wavebreak Media makes no rights and no warranties or representations to the legality or validity of any release associate with any digital media files except as outlined in this document. Wavebreak Media makes no rights and makes no warranties to the use of names, people, patented copyrights, forms of intellectual properties, logotypes, copyrighted designs, trademarks, and works of art or architecture represented in the digital media files.

You agree that you are aware that you should seek legal advice before the use of any digital media files supplied by Wavebreak Media.

Wavebreak Media will not be liable to you for any special, indirect, consequential, punitive or incidental damages (including without limitation damages, for loss of profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use or inability to use the digital media files. Wavebreak Media’s entire liability and your exclusive remedy shall be limited to the amount you paid for the particular digital media files.

The digital media files are provided without representation, warranty, or condition of any kind, either expresses or implied, including, but not limited to the implied representations, warranties or conditions of merchantability, or fitness of a particular purpose.

Wavebreak Media does not represent or warrant that the digital media files will meet your requirements or that its use will be uninterrupted or error free. The entire risk as to the validity and performance of the content is with you. Should the digital media files prove defective, you (and not Wavebreak Media) assume the entire risk and cost of all necessary corrections.

You agree to indemnify and hold Wavebreak Media, its directors, its licensors, and their agents and employees, harmless from and against any claims, demands, losses, damages, liabilities or expenses of any kind from your use of the digital media files in any form, and breach of terms and conditions of this agreement, or negligent act, omission or wilful misconduct.

Extended License Agreement

  • section one

    The service provides tools and functionality to allow you to create designs and to download, share and post these designs to social media or other advertising mediums as governed by the license. You may do so under the following conditions of license contained herein.

    Please read and review this license agreement carefully before downloading, sharing any designs or content made through the Service. You agree to be bound by the licensing terms and pay the applicable fee before the license is granted.

    If you export, share or download a design or piece of content made in the service you are bound by the terms of this license agreement, the Wavebreak Privacy Policy and the Wavebreak User AgreementWavebreak User Agreement. Please read and review these documents if you have not done so before now. The licensing terms of this agreement apply both to paid content and any content that is available free of charge. These documents are incorporated herein and are made part hereof by reference.

    Wavebreak reserves the right to make changes to the license agreement at any time and once these changes are made, if you export, share or download a design or piece of content made in the service you will be bound by the changes. Any changes to the license agreement will be notified to you in advance.


    Background

    All stock media on this service is protected by Irish, international and USA copyright laws and treaties. Wavebreak Media own all title and interest as well as copyright to the Wavebreak Media content you find on the service. Third party content is either owned by third party partners or the providers and submitters of content to them. Wavebreak Media and its partners and their contributors reserve all rights not expressly granted to you by the terms of this license agreement. The license to use any content is conditional on either (i)your payment of the licensing fee for any paid content or (ii) in the case where free content is made available, the license is conditional on you having provided a credit to Wavebreak as prompted by the service. It is expressly agree herein that the licensing terms and condition, including but not limited to the restrictions of use, apply to all content regardless of whether it is paid or free content.

    For any use of the Content without crediting Wavebreak Media, you must purchase a subscription (hereinafter, the “Subscription”) on the service. Wavebreak Media reserves the right to use software to monitor whether you have fulfilled your obligations to apply a credit to free content and to request a remedy if you have not done so. The licensing rights under this license will end automatically without any notice if you breach any of the licensing Terms. In case of termination of the license, you shall cease using Content which has been acquired either by payment of free of charge and you will destroy every copy, whether total or partial, thereof.

    The license to use the content is only granted for use within a design. No right is granted for use of the content as a standalone item. Stock media bought must be integrated into another design elements in order to be licensed under the terms of this agreement. You are prohibited from downloading any of the individual elements of the design software as standalone items. This includes the downloading of individual components, which include but are not limited to; still images, audio/visual representations, text, fonts, clipart, design elements, vectors, graphics, animations, videos in any format that are controlled by or obtained, directly or indirectly, from Wavebreak Media and/or the service.

    You understand and agree that Wavebreak Media may at its sole undertaking:

    1. Monitor anything you export for compliance or violation with the licensing.
    2. Embed Digital Rights Management software to enable it to track image usage and compliance with licensing terms.
    3. Save a copy of your design creations and use these as part of our Digital Rights Management compliance software.
    4. Terminate your account for non-compliance of the terms of this license whereby you will lose all rights to stock media or any other design, work or interaction you have had with the service.
    5. See remedies for any violation of the terms of the license either directly or through its copyright protection partner(s).
  • section two

    The following is the license

    By this Agreement, Wavebreak Media grants you, a non-exclusive, non-transferable, right to use and reproduce content in the following ways, subject to the limitations set forth herein and in Section Three hereof:

    1. On web sites.
    2. As prints, posters and other reproductions which are for non-commercial use and display, which is not for download, resale or distribution.
    3. On business cards, business letterheads, brochures, and on business pop up displays for use in trade shows, without limitation on the print run.
    4. In the artwork for the packaging of any product provided that the print and/ or manufacturing without limitation on the print run.
    5. In multimedia presentations and incorporated into film and video for television and/or internet broadcast.
    6. As CD or DVD cover art and/or artwork, provided that the manufacturing or print run of such CDs or DVDs without limitation on the print run.
    7. As part of editorial or advertising in textbooks, newspapers, books, book covers, magazines, provided that the print or manufacturing run without limitation on the print run.
    8. In eBooks without limitation on the number of Downloads.
    9. Incorporated into merchandise or promotional items for sale or distribution including, textiles, artwork, magnets, wall-art, calendars, toys, stationery, greeting cards, and any other physical reproduction for resale or distribution.

    You do not have the right to grant further sublicenses, however, you shall have the right to transfer files containing the work or permitted derivative works to employees, or subcontractors, provided that such employees and subcontractors agree to abide by the restrictions of this agreement.

    In the normal course of workflow, you may also convey to a third party temporary copies of the work that are integral to the work product. You may create a digital library, network configuration or similar arrangement to allow the Work to be viewed by employees, partners and clients.

    In the event that you create a derivative work based on or incorporating one or more Images, all rights in and to such Images shall continue to be owned by Wavebreak Media subject to your rights to use such Image(s) pursuant to the terms and limitations set forth herein. All other rights in the Images are expressly reserved by Wavebreak Media Ltd.

    Wavebreak Media reserve the right to change or modify this agreement at a later date. Wavebreak Media agree to post notice of this change. Wavebreak Media will endeavour to send notice to the contact details that have been provided by you to give notice of any changes in this agreement. Any updated license agreement will only apply to downloads after the license agreement has been changed. Any downloads previously made will be governed by the previous version of the license agreement.

    All other rights not listed in this agreement are expressly reserved by Wavebreak Media. Any other uses not listed need to be approved in writing By Wavebreak Media Ltd.

  • section three

    RESTRICTIONS ON RESALE OF DIGITAL MEDIA FILES

    You may not use the digital media files in anyway other than specified in Section Two above.

    The Digital Media Files and any derivative work thereof may not, in whole or in part, be used, sold, sublicensed, reproduced, distributed, displayed, incorporated into or otherwise made available as templates, standalone backgrounds, stock elements, effects imagery elements,  downloadable files or screen savers. These Restrictions apply even if the Digital Media Files have been altered or changed significantly or contain your own uploaded content.

    Under no circumstances can the Digital Media Files and any derivative work, partly or wholly be included in any other media/stock product, collection, set of clips, or library, for distribution or resale.

    It is expressly agreed as part of this license that any content exported, downloaded or shared through use of the service, even if it only contains your own uploaded content, will never be sold as stock media.

    You may not share the Digital Media files with users, outside of those highlighted in Section Two, by providing access to shared disk, networking of computers or allowing access to internet server folders. You agree to take all steps to prevent third parties from infringing the terms outlined above.

    You are prohibited from lending, sub licensing, renting, or donating the Digital media files to another person or company. The files are only allowed to be used on one computer at one time unless by written agreement with Wavebreak Media.

    You may not use the digital media files in any way that might be considered defamatory, libellous, obscene, immoral or illegal. This includes use of the digital media files in a way that places any person in the digital media files in a negative light or depicts them in a way that they may find offensive such as the use of the digital media files in;  pornography;  tobacco ads;  ads for escort, dating or similar services; political endorsements, birth control products. You may not use the Digital media files to slander, libel to vilify a person. You may not use the Digital media files to slander, libel to vilify a race, culture, or religion. You may not use the Digital media files to slander libel or vilify a country, region, town, village or any other place.

    You may not produce or otherwise create for resale or distribution, any portion of the digital media files on canvas, paper or any other medium. You may not also make printed reproductions of digital media files. You may not use automated programs to download digital media files. You may not put any digital media files on Internet bulletin boards.

    You may not use any Digital Media files (in whole or in part) as a trademark, logo or an element thereof. All trademarks and service marks remain the exclusive property of the trademark or service mark owner. You may not alter incidental trademarks or logos contained in the Digital Media in any way which implies an association with or an endorsement by the owner(s) of such trademarks.

    Wavebreak Media clearly highlights Digital Media files with model releases and/or property releases on the www.wavebreakmedia.com website. Any Digital Media files that contain images of individuals and for which no model release is available, will be marked "editorial".  Editorial Licensed Material" means Licensed Material relating to events that are newsworthy or of public interest and that is licensed for use in an editorial manner. Wavebreak Media does not otherwise provide any trademark or copyright clearances or model or property releases with respect to the Digital Media Files  and grants no rights and makes no warranties with regard to the use of, people, trademarks, name, trade dress or copyrighted designs or works of art or architecture depicted in any Digital Media files. You shall be solely responsible for determining whether one or more clearances or releases are required in connection with any proposed use of the Digital Media Files. You acknowledge that some jurisdictions prevent the use of a person's image, likeness or property for commercial purposes without their written consent. Wavebreak Media makes no representations or warranties regarding whether or not any additional fees or payments may be due to any union, association or other organization or model depicted in any digital media file.

    When incorporating the Digital Media files in print, film, broadcast productions, or video products, you shall use reasonable efforts procedures to provide Wavebreak Media with a copyright credit as follows: "Additional Media provided by Wavebreak Media Ltd, Used by Permission". Wavebreak Media acknowledges that you may be limited in providing this credit due to policies and procedures outside of your control.

  • section four

    Should you receive notice, verbal or written, from Wavebreak Media or if you learn that any of Wavebreak Media’s digital files is subject to an actual claim or a threatened claim of infringement, or any other claim for which Wavebreak Media may be liable, you will remove the digital media files from your computer systems and storage devices, and, if possible, cease any future use of the removed digital media files at your own expense. If Wavebreak Media removes any Digital Media Files for any reason from its library you will do so also by deleting the files. Wavebreak Media shall provide you with replacement Digital Media Files free of charge, but subject to the other terms and conditions of this agreement.

    This contract will be governed by and construed in accordance with the laws of the Republic of Ireland. You hereby consent to the personal jurisdiction of the Irish courts located within the Republic of Ireland. All actions, controversies and disputes arising from or relating to this agreement shall be heard and decided exclusively before the courts located within the Republic of Ireland. You agree to accept the exclusive jurisdiction of the Irish courts in any legal dispute regardless of conflicts of laws. This agreement shall not be governed by the United Nations convention on contracts for the international sale of goods, the application of which is expressly disclaimed.

    The agreement is effective until explicitly terminated; however, the agreement will terminate automatically without notice from Wavebreak Media if at any time you fail to comply with the terms agreed in this document.

  • section five

    In the event of you breaking any of the terms of agreement, Wavebreak Media has the right to immediately terminate your account without any notice. In the event of insolvency, the appointment of a liquidator or bankruptcy, your account will may also be terminated without notice. Upon termination of your account your agree to immediately cease to use any digital media files purchased from Wavebreak Media and delete all copies of digital media files in your possession.

    Wavebreak Media makes no rights and no warranties or representations to the legality or validity of any release associate with any digital media files except as outlined in this document. Wavebreak Media makes no rights and makes no warranties to the use of names, people, patented copyrights, forms of intellectual properties, logotypes, copyrighted designs, trademarks, and works of art or architecture represented in the digital media files.

    You agree that you are aware that you should seek legal advice before the use of any digital media files supplied by Wavebreak Media.

    Wavebreak Media will not be liable to you for any special, indirect, consequential, punitive or incidental damages (including without limitation damages, for loss of profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use or inability to use the digital media files. Wavebreak Media’s entire liability and your exclusive remedy shall be limited to the amount you paid for the particular digital media files.

    The digital media files are provided without representation, warranty, or condition of any kind, either expresses or implied, including, but not limited to the implied representations, warranties or conditions of merchantability, or fitness of a particular purpose.

    Wavebreak Media does not represent or warrant that the digital media files will meet your requirements or that its use will be uninterrupted or error free. The entire risk as to the validity and performance of the content is with you. Should the digital media files prove defective, you (and not Wavebreak Media) assume the entire risk and cost of all necessary corrections.

    You agree to indemnify and hold Wavebreak Media, its directors, its licensors, and their agents and employees, harmless from and against any claims, demands, losses, damages, liabilities or expenses of any kind from your use of the digital media files in any form, and breach of terms and conditions of this agreement, or negligent act, omission or wilful misconduct.