YUNG2 Agency License Agreement:
Licensee: Individual or Legal Entity (Company), as indicated at the time of purchase.
This License Agreement contains important legal terms, and Licensee acknowledges that by completing the purchase process and/or checking “agree”, Licensee has read the entire License Agreement and agrees to the terms herein, including, without limitation Section 9 (Important General Legal Provisions). YUNG2 Agency offers different types of license agreements and the one selected at the time of purchase applies to Licensee’s use of the Licensed Asset.
This License Agreement states the terms and conditions of Licensee’s non-exclusive and limited copyright license with respect to the digital content (“Licensed Asset”) made available on
Shop-yung2agency.com by YUNG2 Agency and purchased by Licensee. The Licensed Asset item number will be emailed to you at the account email address YUNG2 Agency has on file along with a link to this License Agreement; retain this for your records. This License Agreement may also apply to digital content that YUNG2 Agency makes available at no charge (e.g., for promotional purposes) only if expressly indicated during the initial download for that digital content.
1. PARTIES TO THE LICENSE AGREEMENT; NUMBER OF USERS (OR SEATS)
1.1 - This License Agreement is an agreement between:
(a) The “Licensee” who is the individual person indicated as the licensee during the purchase process or that person’s employer if that person is acting on the employer’s behalf and with the employer’s authorization
and
(b) YUNG2, Inc. (“YUNG2 Agency”) as licensor.
If you are purchasing on behalf of your employer, then only your employer is the “Licensee” and can use the Licensed Asset subject to the terms of this License Agreement; in that case you represent and warrant that you have full legal authority to bind your employer, as the Licensee, to the terms of this License Agreement.
1.2 - The number of individual users permitted to access and use the Licensed Asset (as permitted in this Licensee Agreement) is the number of users (or seats) selected and paid for at the time of purchase. If Licensee requires additional users (or seats), additional licenses to the Licensed Asset must be purchased.
2. PROHIBITED USES (these uses may be available with an extended commercial license or custom license, contact YUNG2 Agency to find out more):
2.1 - Trademark and Copyright
Trademark: Licensed Asset may not be used as part of a trademark, service mark, design mark, trade-name, or similar use unless (1) the Licensed Asset is significantly altered and (2) not the predominant element of the End Use. In no event does this License Agreement allow Licensee to -- and Licensee shall not seek to -- register, protect, or enforce any trademark or similar rights in the Licensed Asset itself which must be disclaimed in any trademark registration. Contact YUNG2 Agency for a custom license if these rights are desired.
Copyright: Licensee may not claim the Licensed Asset (or a modification thereof) as its own copyrighted work (the original Licensed Asset must be disclaimed in any copyright registration).
2.2 - Future Technologies
The license is limited to the expressly permitted uses stated in this License Agreement: future-existing technologies and uses are expressly reserved and not included within the scope of the license.
3. STRICTLY PROHIBITED USES. Nothing in this License Agreement grants Licensee any of the following rights, all of which rights are expressly retained:
3.1 - Resale or Sub-Licensing the Licensed Asset or any modification of it in source file form is strictly prohibited.
3.2 - Resale or Sub-Licensing of the Licensed Asset or any modification of it in a way that is directly competitive with the original Licensed Asset is strictly prohibited (e.g., as a stock asset or template).
3.3 - Making public or sharing the Licensed Asset in any way that allows others to download, extract, or redistribute Licensed Asset as a standalone file (meaning just the content file itself, separate from the project or end use that is expressly permitted) is strictly prohibited.
3.4 - Use the Licensed Asset in pornographic, fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory material, is strictly prohibited, including, without limitation, any use of the Licensed Asset that:
(i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
(ii) may create a risk of any other loss or damage to any person or property;
(iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(iv) may constitute or contribute to a crime or tort;
(v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
(vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);
(vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(viii) contains any information or content that you know is not correct and current; or
(ix) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
3.5 - Falsely representing authorship and/or ownership of the Licensed Asset is strictly prohibited.
4. SUBLICENSING TO THIRD PARTIES IS PROHIBITED WITH LIMITED EXCEPTIONS FOR CLIENTS AND SERVICE PROVIDERS (Third party use requires the third party to obtain its own license unless a custom license is purchased)
4.1 - Third Party Use Requires Separate License.
This License Agreement does not permit sublicensing except for the limited rights to sublicense described below in Section 7.2.
4.2 - Limited Sublicensing Is Permitted.
Licensee may sublicense Licensee’s rights to third parties in only three situations:
(a) to manufacture, market, or distribute completed End Uses (defined above) that use the Licensed Asset (as expressly permitted herein) when done on behalf of Licensee, provided that the sublicense may only be granted on condition that the sublicensee is prohibited from extracting, reproducing or using the Licensed Asset in any other way and Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance. For example, Licensee may use distributors to manufacture or distribute physical products for resale or product packaging; similarly, Licensee may use third party providers, such as hosting providers to host a completed website or website publishers to display completed digital advertisements;
(b) to a service provider serving as Licensee’s subcontractor to provide services to Licensee provided that (i) Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance and (ii) Licensee has purchased a sufficient number of seats for the Licensed Asset Licensee (e.g., each individual person requires a license as stated above); and
(c) to a client of Licensee where Licensee transfers to that client a completed End Use (defined above, such as a completed website, advertisement, product, or product packaging). In this instance, the sublicense may only be granted on condition that the sublicensee is prohibited from extracting, reproducing or using the Licensed Asset in any way other than is necessary in order to exploit the End Use that Licensee provides to the client. Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance.
5. IMPORTANT GENERAL LEGAL PROVISIONS
5.1 - Intellectual Property
All digital content available on shop-yung2agency.com, including, without limitation, the Licensed Asset, is protected by Canada and international copyright and other laws and treaties. YUNG2 Agency retains ownership of the Licensed Asset, but grants to Licensee the limited, non-exclusive, non-transferrable, and non-sublicensable (except as expressly allowed above), copyright to use the Licensed Asset as expressly set forth above on the terms herein. Licensee may not assert any ownership in the Licensed Asset itself nor any right to revenue from a collecting society in respect of photocopying, digital copying or other secondary uses of the Licensed Asset. Any reference to the “purchase” or “sale” (or similar terms) of the Licensed Asset refers to the purchase of a limited license only and not the purchase of the underlying copyright or work itself. As a licensee, Licensee’s ownership of the media and/or device on which the Licensed Asset is recorded, if any, is distinct from and does not grant any ownership right, title or interest in and to the design of the Licensed Asset itself. This Licensee Agreement does not grant Licensee any rights to trademark or any other intellectual property rights (aside from copyright) in the Licensed Asset.
5.2 - Termination
YUNG2 Agency may terminate this License Agreement at any time if Licensee breaches any of the terms of this or any other agreement with YUNG2 Agency, in which case Licensee must immediately: cease using the License Asset; delete or destroy any copies; and, if requested, confirm to YUNG2 Agency in writing that Licensee has complied with these requirements. If Licensee uses the Licensed Asset on a social media platform or other third party website and the platform or website uses (or announces that it plans to use) the Licensed Asset for its own purpose or in a way that is contrary to this License Agreement, the rights granted for such use shall immediately terminate, and in that event, upon YUNG2 Agency’s request, Licensee agrees to remove any content from such platform or website.