Extended Royalty Free License

Extended Royalty Free License Agreement

Extended Royalty Free Concept Info

Extended Royalty Free means that you pay for the Licensed File only once and then you can use it as many times as you like, with just a few restrictions. In other words, there are no license fees except the initial fee and no other royalties to be paid except those included in the initial cost. This license is granted in perpetuity and it is worldwide valid.

Extended Royalty Free License Usage Permissions and Restrictions

The Extended Royalty Free License includes a standard Royalty Free License as well as a Print and Web Extended Royalty Free License.

  1. The standard Royalty Free License allows you to use the downloaded File for the creation of physical and digital items for personal, editorial, promotional and non-commercial use.
  2. Examples of permitted use:
  1. Editorial, Promotional, Non-Commercial Web Use: websites, advertising banners, screen savers, wallpapers, e-cards, emails, e-books, presentations, movies, videos and TV advertising, etc.
  2. Editorial, Promotional, Non-Commercial Print Use: advertisements in newspapers and magazines, printed advertising materials, covers and illustrations for books, newspapers, magazines, business cards, flyers, posters, CD/DVD, etc.
  1. The Extended Royalty Free License includes all the permitted uses under the Royalty Free License, does not have any limits on the number of copies, prints or displays, and allows you to use the Licensed File for the creation of items for resale or redistribution.
  2. Examples of permitted use:
  1. Commercial Web Use: websites, website templates, presentation templates and any other document templates, advertising banners, e-cards, e-books, and any items for resale and redistribution.
  2. Commercial Print Use: printed advertising materials, covers and illustrations for books, newspapers, magazines, CD/DVD and phone covers, notebooks, mugs, calendars, clothing, and any items for resale and redistribution.

The list is not exhaustive and if you have any uncertainty regarding the use of the Licensed File in a correct way please contact GinAngieLa.com.

Your Advantages:

  • Validity of the Extended RF License: UNLIMITED
  • Quantity of copies for digital items for personal and commercial use: UNLIMITED
  • Quantity of copies for physical items for personal and commercial use: UNLIMITED
  • Creation of digital items for resale or redistribution: ALLOWED
  • Creation of physical items for resale or redistribution: ALLOWED

In a nutshell

What you can do with an Extended Royalty Free Licensed File:

  • Use it for personal, non-commercial purposes, e.g. making prints to decorate your home
  • Display it on your personal website, blog posts, newsletters, etc. (credit required)
  • Include it in a commercial website for editorial purposes (image mustn’t exceed 1080px in width; credit required)
  • Use it in promotional materials, such as posters, flyers, magazines, books, etc. (credit required)

What you can NOT do with an Extended Royalty Free Licensed File:

  • Share it on social media and other websites, or make it available in a way that invites a third party to download, extract, or redistribute it
  • Resell it or redistribute it for money or any other remuneration, or give it away for free
  • Use it in any electronic or physical products where the licensed file is the primary value
  • Edit and modify the file and/or use it to create new physical and/or digital products (derivative works)
  • Use it for on-demand products, templates and similar media for sale or redistribution

Extended Royalty Free License Agreement Terms

This is a legal agreement (herein referred to as “Agreement”) between You (herein referred to as “You” or “Licensee”) and AngieG. / GinAngieLa.com (herein referred to as “Licensor”) and determines terms and conditions under which you use images, PSD files and other Photoshop resources, templates and other media (herein referred to as “Files”) downloaded on www.GinAngieLa.com (herein referred to as “Site”).

This agreement applies to licenses issued for Extended Royalty Free Licensed Files online. If you do not agree with this Agreement, do not proceed with the purchasing transaction and payment of the License Fee.

By proceeding with the transaction and paying the License Fee, the Licensee consents to the terms of this Agreement and affirmatively represents that the Licensee is of legal age and capacity to enter into a binding and enforceable contract. This offer is void where prohibited. GinAngieLa.com reserves the right to amend the terms of this Agreement at any time without advance notice.

1. Definitions

  1. “Licensed File” means all types of content, including, without limitation, the high-resolution (HR) images, PSD Files, templates and other resources, which is licensed to You under the terms of this Agreement. Any reference to File includes the whole or the part.
  2. “Licensee” or “You” means the individual or entity acquiring a license under this Agreement or, if the Licensee is acting on behalf of another individual or entity, the individual or entity specifically named under client name on the invoice.
  3. “License Fee” means the fee which is paid by the Licensee in order to enter into this Agreement.
  4. “Licensed Work” refers to any product or service that the Licensee creates using independent skill and effort and that incorporates a Reproduction of the Licensed File as well as other material.
  5. “Reproduction” and “Reproduce” refer to any form of copying or publication of the Licensed File via any medium and by whatever means, in whole or in part, and the creation of any derivative work from, or that incorporates, the Licensed File.

2. LICENSE TERMS

Subject to the terms and conditions herein, the Licensor grants you a non-exclusive, perpetual, worldwide, non-transferable and non-sublicensable license to use and modify the Licensed File an unlimited number of times in whole or in part in the creation of an item within the scope of permitted uses, except for the prohibited uses specified in Section 4 below.

All other rights to the Extended Royalty Free Content, including, without limitation, copyright, are reserved to AngieG. / GinAngieLa, the copyright holder. Except as expressly stated in this Agreement, this Agreement does not and is not intended to confer rights or remedies upon any person other than the parties to the Agreement. All copyright and/or intellectual property rights to the File are reserved by the Licensor.

3. PERMISSIONS OF USE

The Licensee may use the Licensed File to

  1. create digital and physical products for personal, promotional and commercial purposes in an unlimited number of copies;
  2. edit, modify and alter the product to create derivative works for promotion, redistribution and resale in an unlimited number of copies;
  3. create multiple impressions or print-on-demand products in digital and physical forms, such as greeting cards, postcards, canvas prints, t-shirts, mugs, calendars, postcards, mouse pads or any other items incorporating the Licensed File in an unlimited number of copies;
  4. create electronic templates, such as website and newsletter templates for promotion, redistribution and resale in an unlimited number of copies.

4. RESTRICTIONS ON USE

Except as provided in Section 3, the Licensee may NOT

  1. transfer, resell, sub-license, rent, donate or otherwise transfer the File or rights to it to third parties;
  2. create conditions under which the File may be extracted from a product;
  3. allow third parties access to the File for further use;
  4. use the unmodified File in an e-format with resolution larger than the display resolution of the intended viewing device;
  5. use the File to create an official logo, company name, or trademark;
  6. use the File in a way that infringes the File’s intellectual property rights or a third party’s trademark or that would lead to a complaint about deceptive advertising or unfair competition;
  7. use the File for SPAM mailings;
  8. use the File in a way that competes with the Licensor’s business;
  9. display, use or post the File in a way that would lead to the conclusion that the model in the File approves of or endorses the items or services of any venture or trademark;
  10. show the model depicted in the file in sensitive scenarios that could reasonably be considered offensive or unflattering to that model (e.g., related to mental and physical deficits, sexual or implied sexual activity or preferences, crime, physical or mental abuse or ailments);
  11. use the File for pornographic, illegal or immoral purposes;
  12. use the File in items or products that could embarrass or humiliate the model in the File;
  13. use the File for advertisement or promotion of tobacco or alcohol products;
  14. display, use or post the File in a way that would lead to the conclusion that the model in the File approves of or endorses any political party, policy, candidate, or elected official.

Any other usage has to be communicated and agreed upon in written form with GinAngieLa.com. Additional licensing is available for use outside intended original purpose for an additional fee.

Any forbidden use of the File shall be considered as copyright infringement. You shall be liable for all damages caused by copyright infringement, including any claims made by third parties. The Licensor reserves the right to recall your license of any File you have used in a manner considered as copyright infringement.

5. SEAT RESTRICTIONS

  1. The Extended Royalty Free License is a single seat license. A single seat license authorizes only one (1) person (user) to download and use Files. However, you are allowed to transfer materials or derivative work containing Files to third parties for reproduction within the scope of the permitted uses, provided they do not receive any additional rights to the Files and cannot access the Files or extract them from materials you provided.
  2. Simultaneous use of the same account on the Site by multiple users is not allowed. Each user who desires to access the Site must have their own account.

6. OTHER PROVISIONS

  1. You may have the Licensed File reproduced by Your agents provided that such agents agree to abide by the provisions of this Agreement.
  2. You agree to be liable for any failure to comply with the terms of this Agreement and/or any failure by your agent(s) to comply with the terms of this Agreement.
  3. If You are purchasing rights to the Licensed File for use by a third party, You represent that You are authorized to act on behalf of the third party and to bind the third party to the terms of this Agreement. You may also be held independently liable if You violate the terms of this Agreement.
  4. Your rights under this Agreement do not include the right to use or reproduce the titles, tags, descriptions, or metadata that are associated with the Licensed File on GinAngieLa.com.

7. OWNERSHIP OF RIGHTS

This Agreement grants you a limited right to use the Licensed File with specified limitations. You do not own any rights in copyright to the Licensed File or have any other rights that are not expressly granted to You under this Agreement.

8. NOTICE OF VIOLATIONS

You agree to immediately notify GinAngieLa.com if you know or should know that any third party has accessed the Licensed File in a manner that violates the terms of this Agreement.

9. WARRANTY AND LIMITATION OF LIABILITY

GinAngieLa.com represents and warrants that the Licensed File will be free from material defects at the time that the license is granted and that GinAngieLa.com has the necessary rights to grant You the rights to use the Licensed File under this Agreement, assuming Your full compliance with the terms of the Agreement. Your only remedy in the event of breach of these warranty provisions is a full refund of the License Fee paid to GinAngieLa.com in connection with the Licensed File.

GinAngieLa.com makes no other warranties, express or implied, regarding the Licensed File, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. GinAngieLa.com expressly disclaims any such warranties and expressly licenses the Licensed File “as is.”

GinAngieLa.com shall not be liable to You or any other person or entity for any punitive, special, indirect, consequential, incidental, or other similar damages, costs, or losses arising out of this Agreement – even if she has been advised of the possibility of such damages, costs, or losses.

GinAngieLa.com shall not be liable for any damages, costs, or losses arising out of or as a result of modifications made to the Licensed File or as a result of the context in which the Licensed File is used in a work.

10. INDEMNIFICATION

You shall pay to defend, indemnify, and hold harmless GinAngieLa.com from all damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or as a result of claims by third parties relating to Your use of any Licensed File or any other actual or alleged breach by You of this Agreement. GinAngieLa.com may at her discretion, but is under no obligation to, assume the defense of any action arising from Your use of the Licensed File or from your breach of this Agreement.

11. UNAUTHORIZED USE OF LICENSED FILES

If You use the Licensed File in a manner other than that which is expressly authorized under this Agreement, such use amounts to copyright infringement and entitles GinAngieLa.com to enforce all rights available to the Licensor under U.S. and international copyright laws. In addition and without prejudice to GinAngieLa.com’s ability to realize other remedies under copyright laws and this Agreement, GinAngieLa.com reserves the right to charge and You agree to pay a fee equal to up to five (5) times the License Fee for the unauthorized use of the Licensed File. In the event that GinAngieLa.com has a reasonable basis to believe that You are using the Licensed File in a manner other than that which is expressly authorized under this Agreement, GinAngieLa.com may immediately revoke the license granted under this Agreement, and You agree to (1) stop using the Licensed File, (2) destroy or order destruction of any copies of the Licensed File, including as incorporated into a secondary work, and (3) return the Licensed File to GinAngieLa.com. This provision does not limit GinAngieLa.com’s rights to recover damages from You, including in the form of indemnification. Your failure to pay GinAngieLa.com fully and in accordance with her payment terms for the right to use the Licensed File constitutes a material breach of this Agreement entitling GinAngieLa.com to all remedies available under law and pursuant to this Agreement.

12. AUDIT AND VERIFICATION RIGHTS

GinAngieLa.com or her licensors may request and You must provide evidence of compliance with the terms of this Agreement upon demand with reasonable advance notice. Among the forms of evidence that GinAngieLa.com is entitled to receive in order to verify Your compliance with the terms of this Agreement are (1) free access to any website or platform where the Licensed File is reproduced, (2) an audit of records related directly to Your use of the Licensed File by GinAngieLa.com or her designated auditor, (3) receipt and inspection of sample copies of Reproductions containing the Licensed File, and (4) a certificate of compliance signed under oath by You or Your agent in a form acceptable to GinAngieLa.com. Should GinAngieLa.com determine that Your use exceeds what is permitted under this Agreement, You shall pay the costs incurred by GinAngieLa.com in her efforts to verify compliance, plus a five percent (5%) surcharge in connection with these efforts.

13. THIRD-PARTY CLAIMS OF RIGHT

Should the Licensed File be the subject of a claim of infringement by a third party for which GinAngieLa.com may be liable, GinAngieLa.com may require You to immediately (1) stop using the Licensed File, (2) delete the Licensed File from all storage media, and (3) take steps to insure third parties cease use or Reproduction of the Licensed File. GinAngieLa.com shall at her discretion provide you with a reasonable substitute file free of charge but subject to the terms and conditions of this Agreement.

14. EFFECTIVENESS OF THE AGREEMENT

  1. Your rights to use the File are subject to this Agreement. By downloading the File on the Site, you shall enter into this Agreement, acknowledge that you have read and agreed to this Agreement. You have the right to use the Licensed File provided that there are no any overdue payments, chargebacks or returned payments by credit card or check on your account. If your account becomes overdue, you shall lose rights to use the downloaded File until the overdue balance is paid in full.
  2. The Licensor reserves the right to make changes, additions, corrections and edits to this Agreement in separate parts or in whole at any time and you agree to be bound by such changes. Such changes are legitimate and effective from the moment of their publication.
  3. If, for whatever reason, you disagree with this Agreement and do not accept its terms and conditions, you may not use the Files.

15. Entire Agreement / No Waiver

This Agreement contains the entire agreement between You and GinAngieLa.com, and You acknowledge that there are no other agreements, representations, or warranties pertaining thereto which are not set forth in this document. If any provisions of this Agreement are held to be invalid or unenforceable under present or future laws, such provisions shall be fully severable, whereupon the remainder of this Agreement will be given full force and effect. No action or inaction by GinAngieLa.com, other than express written waiver, may be construed as a waiver of any provision of this Agreement. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other communication sent by GinAngieLa.com, the terms of this GinAngieLa.com shall govern.

  • Effective: January 20, 2020
  • Last updated: January 20, 2020
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