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    Standard User License Agreement

    Introduction

    The terms of this Standard User Licence Agreement (the “User Licence Agreement”) are supplemental to the Terms of Use for www.pikwizard.com. The Definition of terms in this User Licence Agreement shall have the same meaning as is given to them in the Terms of Use unless otherwise expressly provided. If you have not read the User Licence Agreement, you should so now.

  • Section One

    The Service is operated by Wavebreak Media Ltd, with registered offices at; Unit 3, West Point Business Park, Ballincollig, Cork, Ireland and provides tools and functionality to allow you to download and/or share Wave Break Content, PikWizard Branded Content and/or Third-Party Content. You may do so under the conditions of license contained herein. As defined in the Terms of Use, Wavebreak Media Ltd may be referred to in the shortened version of ‘Wave Break’.

    Please read and review this User License Agreement carefully before downloading or sharing any content made through the Service. You agree to be bound by this User License Agreement before the license is granted.

    If you export, share or download Content available from or made using the Service you are bound by the terms of this User License Agreement, Wave Break’s Privacy Policy and the Terms of Use. Please read and review these documents if you have not done so before now. The licensing terms of this User License 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.

    Wave Break reserves the right to make changes to the User License Agreement at any time and once these changes are made, if you export, share or download a piece of Content through the service you will be bound by the changes. Any changes to the User 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. Wave Break owns all title and interest as well as copyright to the Wave Break Content which includes content labelled as Pikwizard 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. Wave Break and its partners and their contributors reserve all rights not expressly granted to you by the terms of this User License Agreement.

    It is expressly agreed herein that the terms and conditions of this User License Agreement, including but not limited to the restrictions of use, apply to all Content regardless of whether it is paid or free Content.

    The licensing rights under this User Licence Agreement will end automatically without any notice if you breach any of its 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.

  • Section Two

    Terms of License:

    By this User License Agreement, Wave Break 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:

    • On websites, both non-commercial and commercial.
    • On business cards, business letterheads, brochures, and on business pop up displays for use in trade shows.
    • In the artwork for the packaging of any product provided that the print and/ or manufacturing.
    • In multimedia presentations and incorporated into film and video for television and/or internet broadcast.
    • As CD or DVD cover art and/or artwork, provided that the manufacturing or print run of such CDs or DVDs.
    • As part of editorial or advertising in textbooks, newspapers, books, book covers, magazines.
    • In eBooks.

    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 Content that are integral to the work product. You may create a digital library, network configuration or similar arrangement to allow the Content to be viewed by employees, partners and clients.

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

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

  • Section Three

    RESTRICTIONS ON RESALE OF CONTENT

    You may not use the Content in anyway other than specified in Section Two above.

    The Content 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 Content has been altered or changed significantly or contains your own uploaded Content.

    Under no circumstances can the Content 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 licence that any Content exported, downloaded or shared through use of the Service, will never be sold as stock media.

    You may not share the Content 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 Content to another person or company. The files are only allowed to be used on one computer at one time unless by written agreement with Wave Break.

    You may not use the Content in any way that might be considered defamatory, libellous, obscene, immoral or illegal. This includes use of the Content in a way that places any person in the Content in a negative light or depicts them in a way that they may find offensive including, but not limited, to the use of the Content in; pornography;  tobacco ads;  ads for escort, dating or similar services; political endorsements, birth control products. depiction of a particular sexual orientation; sensitive medical issues; unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases).

    In the event of less obvious case than listed above the phrase: “Stock photo. Posed by model.” Should be used in the caption of the photo and clearly visible so that the viewer is fully aware that it is a posed, stock photo and the issue is not related to the person in the photo.

    You may not use the Content to slander, libel to vilify a person. You may not use the Content to slander, libel to vilify a race, culture, or religion. You may not use the Content 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 Content on canvas, paper or any other medium. You may not also make printed reproductions of Content. You may not use automated programs to download Content. You may not put any Content on Internet bulletin boards.

    You may not use any Content (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 Content in any way which implies an association with or an endorsement by the owner(s) of such trademarks.

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

  • Section Four

    Notice of Infringement:

    Should you receive notice, verbal or written, from Wave Break or if you learn that any of Wave Break’s Content, including content displayed under the PikWizard brand name, is subject to an actual claim or a threatened claim of infringement, or any other claim for which Wave Break may be liable, you will remove the Content from your computer systems and storage devices, and, if possible, cease any future use of the removed Content at your own expense. If Wave Break removes any Content for any reason from its library you will do so also by deleting the files. Wave Break shall provide you with replacement Content free of charge, but subject to the other terms and conditions of this User Licence Agreement.

  • Section Five

    Termination

    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.

    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 all licences granted to you under this Agreement shall cease and you agree to immediately cease to use any Content purchased from Wave Break and delete all copies of Content in your possession.

  • Section Six

    Limitation of Liability

    Wave Break makes no rights and no warranties or representations to the legality or validity of any release associate with any Content except as outlined in this document. Wave Break 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 Content.

    You agree that you are aware that you should seek legal advice before the use of any Content supplied by Wave Break.

    The Content is 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.

    Wave Break does not represent or warrant that the Content 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 Content prove defective, you (and not Wave Break) assume the entire risk and cost of all necessary corrections.

    You agree to indemnify and hold Wave Break, 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 Content in any form, and breach of terms and conditions of this agreement, or negligent act, omission or wilful misconduct.

  • Section Seven

    Applicable Law & Jurisdiction:

    This contract will be governed by and construed in accordance with the laws of 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.