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License agreement




To the Wavebreak media user:

The following is a legal agreement between you and Wavebreak Media Ltd, also commonly known in its shortened version as ‘Wavebreak Media’ or ‘Wavebreak’. You are advised to read this agreement very carefully before downloading any Wavebreak ‘Media Digital Media Files’ or any other content from our site.

By using any Wavebreak Digital Media files as defined below, whether it is by download, by Beta Tape, by CD ROM, DVD or any other medium, you agree to be bound by the terms of agreement.

Wavebreak reserves the right to change any of the terms of this agreement at any time, and you agree to be bound by such changes. Notification of changes to the agreement will be posted on our website. 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. If you do not agree to the following terms, do not download or use any Digital Media files and cease using this website. Your failure to comply with the terms hereof could result in the immediate termination of your account.

section one

Definition of terms

As termed in this agreement, ‘Digital Media files’ are defined, as any moving images, animations, films, still images, videos or other audio/visual representations, recorded in any format that are controlled by or obtained, directly or indirectly, from Wavebreak Media.

‘We’ are Wavebreak Media Ltd also commonly known in the shortened version as, ‘Wavebreak Media’ or ‘Wavebreak’.

In this agreement ‘you’, ‘customer’ or ‘client’ means you. If you are entering into the license granted hereunder for the benefit of, and/or as an agent on behalf of an employer you agree that the agent or employer has consented to agree to all the terms hereunder. Should you cease employment with your employer this agreement is still applicable to your employer.

‘Restrictions’ indicate some of the specific uses that are not allowed. Any use of Digital Media files not expressly permitted by this agreement is not allowed.

"Submitters" – Are providers of stock materials to Wavebreak Media.

‘Rights managed’ means digital media files licensed for a fee on a per use basis and expressly marketed as rights managed or ‘RM’ by Wavebreak Media.

‘Royalty Free’ means digital media files licensed for a flat rate fee and for use in a number of ways which are expressly defined under the terms of royalty free usage.

‘Editorial Licensed Material’ or ‘Editorial’ means Licensed Material relating to events that are newsworthy or of public interest and that are licensed for use in an editorial manner.

section two

Terms of Agreement


All Digital Media Files on the Wavebreak website are protected by Irish and international copyright laws and treaties.

Wavebreak and/or its Submitters reserve all rights in and to the Digital media files not expressly granted to you by the terms of this license. Your rights to use any Digital Media Files are subject to this license agreement and are conditioned upon your payment to Wavebreak Media for your use of the Digital Media Files. You acknowledge and agree that this Agreement does not give rise to any sale of the Digital Media Files or Copyright.

By this Agreement, Wavebreak Media grants you a personal, non-exclusive, non-transferable, right to use and reproduce Digital Media Files 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, provided that no individual Image is reproduced more than 500,000 times.
(4) In the artwork for the packaging of any product provided that the print and/ or manufacturing run does not exceed Five hundred thousand (500,000) copies.
(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 does not exceed five hundred thousand (500,000) copies.
(7) As part of editorial or advertising in textbooks, newspapers, books, book covers, magazines, provided that the print or manufacturing run of such items does not exceed five hundred thousand (500,000) copies.
(8) In eBooks, provided that downloads are less than five hundred thousand (500,000) downloads.

Extended License

If the use you are contemplating is not permitted by the rights outlined in (1) to (8) above, you may purchase an extended license. An extended license grants you the rights; to use the Digital Media files Worldwide, in all Media including in-context advertising and promotion, in perpetuity license and includes unlimited CD/DVD and print runs. Extended licenses are subject to the restrictions set out in section three.

Any other uses not listed need to be approved in writing By Wavebreak Media Ltd.

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 of 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.

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.

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.

The Digital Media Files may not comprise more than 25% of the length of the finished work. This stipulation applies even if the digital media files have been altered significantly.

You may not share the Digital Media files with users, outside 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 allowed to be used on more than one computer at one time.

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 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 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 form 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.

section five

If the Licensee at any time should fail or neglect to perform or observe any of the terms and conditions of this agreement this agreement shall be deemed null and void, which in practice means that all rights go back to the Licensor, provided that Licensor provides prior written notice and a reasonable opportunity to cure. All items delivered for the production under this agreement shall immediately be returned to Licensor following the completion of Licensee’s use thereof.

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 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.

section six

Wavebreak media will not be liable to you for any special, indirect, consequential, punitive or incidental claims (including without limitation claims, for loss of profits, business interruption, loss of business information, or any other pecuniary loss or claim) arising out of provision of incorrect personal or business information as supplied by at the time of registration. By agreeing to the following license agreement you agree that all information supplied at the time of registration is true and accurate. Wavebreak media will not share any information supplied by you the user.
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