Licence Agreement

The Licence Agreement (“agreement”) is a legal contract between you and White Space Words. In this agreement, “product” and “files” are defined as the product you purchase from White Space Words, whether that be a graphic, illustration, or resource, as identified on your sales receipt. “You”, “your”, “end user”, and “Licensee” are defined as and refer to the customer who has purchased a licence to use the product.

When you purchase any product from White Space Words, you are purchasing a licence to use that product under a particular set of conditions. These conditions range from how many devices the files can be installed on, web use, whether the files can be embedded in digital documents, and more. It’s important to read and understand this agreement because it defines your rights as the Licensee, acceptable use of the files, and the rights that White Space Words reserves.

Purchasing, downloading, installing, or using the files indicates your confirmation that you understand and agree to the terms of this agreement and that you have the authority to bind the person or entity specified on your sales receipt  (“Licensee”) to the terms of this agreement. If you do not agree to the terms of this agreement, you are not permitted to purchase, download, install, or use the files.

Under no circumstances may the Licensed files be sold or given away to any third party. Infringers will be prosecuted to the full extent of the law. You acknowledge that the files are protected by International Copyright & Intellectual Property Law. The Licensee agrees to treat the files as confidential information and exercise reasonable care to avoid unauthorised distribution of the files.

Standard Licence Grant

Upon purchase of the files, you are granted a limited, non-exclusive, non-assignable, non-transferable, revocable Standard Licence to access the files for personal and commercial projects in accordance with the terms of this agreement. Under the Standard Licence, the files may be installed and used by one (1) end user on up to (2) devices.  The only exception to this is in the use of educational resources, which are limited to sharing and use within the individual school purchasing (or the school at which the individual purchaser teaches).

The Standard Licence includes unlimited personal and commercial projects (where the lifetime sales do not exceed 250,000 sales) in accordance with the terms of this Licence Agreement.

You may not resell, give away, or include the actual files as part of any end product for sale or in editable format. You may not create derivative works, or resell or sub-licence the Licensed files in any way that is directly competitive with the original Licensed files. The files may be installed and used only on the devices of the Licensee. You may not use the files in any manner that makes them accessible to the public or non-Licensed third parties (except where this is explicitly stated in the case of use at individual educational institutions).

You are not permitted to manipulate or modify the files for the purpose of creating usable, derivative work. Under no circumstances may you modify, adapt, translate, reverse engineer, decompile, disassemble, alter the files, such as for the purpose of creating any form of derivative work. You may not falsely represent, expressly or by way of reasonable implication, that any part of the files were created by you or a person other than the copyright holder, which is White Space Words.

You may not use the files in a manner that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, deceptive, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, obscene, threatening, profane, or promotes racism, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable.

E-Pub Licence

An E-Pub Licence is required for use of the files within ebooks, emagazines, or other electronic publications that are sold to end users. If you require an E-Pub Licence, please get in touch.

Third Party Usage

The files may not be stored or used in any manner that makes them accessible to the public or non-licensed third parties. Under no circumstances may the Licensed files be shared with clients, contractors, freelance employees, affiliates, or the like. You may not rent, lease, sub-licence, give, lend, sell, or further distribute the files or any copy thereof to any third party (such as clients, contractors, employees, freelancers).

Under the terms of this agreement, White Space Words may require the Licensee to provide the addresses of all locations where the Licensed files are installed. You may not use the files if that use could result in a third party’s claim that it acquired rights to the files that are contrary to this licence agreement. Upon White Space Words request, you shall immediately remove the files from any unauthorised location or use, including an unauthorized social media platform or website.

Warranties and Limitations

To make a warranty claim, you must notify White Space Words along with a copy of your sales receipt. If the file does not perform substantially in accordance with the representations, the entire and exclusive liability and remedy shall be limited to the replacement of the file, or a refund of the licence fee you paid for the file, as a representative of White Space Words may elect to do. The Licensee agrees that under no circumstance shall White Space Words’ maximum liability exceed the replacement of the file purchased, or the cost paid by the end user.

The licensed files are provided “as is.” White Space Words and its suppliers do not and cannot warrant the performance or results the Licensee may obtain by using the files. White Space Words expressly disclaims all warranties, express and implied, including, but not limited to, the implied warranties of merchantability and fitness for any particular purpose, or otherwise with respect to the licensed files. White Space Words does not warrant that the operation of the files will be unimpeded, uninterrupted, or error-free, or that the files are without defects. Without limiting the foregoing, under no circumstance shall White Space Words be liable to the Licensee or any other party, whether in contract or tort (including negligence), or otherwise, for any special, consequential, or incidental damages, including loss of profits, loss saving, loss of data, or business interruption as a result of the use of, or the inability to use the files, even if notified in advance of such possibility.

You may not register the files, or the end product incorporating the files as a copyright or trademark.

Termination

Any breach of the terms of this agreement shall be cause for immediate termination without the obligation of notice or opportunity to cure. If you fail to comply with any term of this agreement, White Space Words has the right to terminate your Licence immediately without prior notice. White Space Words reserves the right to pursue any and all relevant legal remedies in the event that said breach causes demonstrable harm, financial or otherwise, to White Space Words. In the event that you are found to have been using a White Space Words product in violation of the terms of this agreement, you agree to immediately discontinue using the files and certify that no copy remains in your possession or control within 3 business days of notification from White Space Words.

Governing Law

You expressly agree that this agreement shall be governed by the laws of Australia and the exclusive venue for any arbitration or court proceeding based on or arising out of this agreement shall be in the state of White Space Words’ choosing. You expressly submit to the jurisdiction of the state and federal courts in the forum selected by White Space Words for the purpose of resolving any dispute arising under this agreement. Should White Space Words bring any lawsuit or proceeding against the Licensee to enforce the agreement, including any act to enforce payment of any amount due under the agreement, White Space Words shall be entitled to receive its costs and reasonable legal fees incurred to enforce the agreement.

All Rights Reserved

This agreement does not grant to the Licensee any right, interest, or title in White Space Words, other than the grant of rights expressly provided in this agreement. You acknowledge that the files, or the designs contained therein, and the trade names associated therewith, are the exclusive property of White Space Words. All rights not expressly granted under this agreement are reserved to White Space Words. If any provision of this agreement is declared by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this agreement shall continue in full force and effect, and the invalid provision shall be replaced by White Space Words with a provision that effects the intent of the invalid provision.

Copyright

The files and the designs embodied therein are the exclusive property of White Space Words and are protected under both domestic and international copyright, trademark, and unfair competition laws. This agreement does not grant the Licensee any rights to trademark or any other intellectual property rights to the files.

You expressly acknowledge that White Space Words is the exclusive copyright owner of any and all intellectual property rights in and relating to the files and its structure, organisation and code, are the valuable trade secrets of White Space Words. Unless otherwise permitted by law, Licensee shall not, at any time during or after the effective term of the agreement, dispute or contest, directly or indirectly, White Space Words’ exclusive right and title to the files or the validity thereof.

Under no circumstances may the licensed files be sold or given away to any third party. Infringers will be prosecuted to the full extent of the law. You acknowledge that the files are protected by International Copyright & Intellectual Property Law. The Licensee agrees to treat the files as confidential information and exercise reasonable care to avoid unauthorised distribution of the files.

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White Space Words expressly reserves the right to amend or modify future versions of this Licence Agreement at any time and without prior notification. If you have any questions, need clarification on the terms of this agreement, or would like to inquire special licensing, please contact us contact us.