Aeonwall - License

Aeonwall

License Agreement

This document explains, in plain terms, what you may and may not do with Content purchased or downloaded on Aeonwall. Full definitions and additional details are set out in the Aeonwall Terms and Privacy Policy.

Contents

Introduction and Scope
Acquisition of Usage Rights
License Models and Usage Types
Detailed Definitions of Use
General Restrictions and Prohibitions
Transferability of Rights
Intellectual Property Rights and Creator Credit
Author's Representations and Warranties
Indemnification
Aeonwall's Platform Warranty and Disclaimers
Releases
Limitation of Liability
Notice of Alleged Infringement
Digital Legacy and Succession
Termination and Content Withdrawal
Governing Law, Language, and Dispute Resolution
Force Majeure
General Provisions

1. Introduction and Scope

This License Agreement (the “Agreement”) governs the use of all digital content (the “Content”) that you (the “Buyer” or “Licensee”) purchase or download via Aeonwall (the “Platform”). By downloading or purchasing Content, you agree to be bound by the terms of this Agreement.

Licensor: the rights to the Content are licensed to you directly by the respective creator (“Author”) or another person or entity duly authorized by the Author to grant such rights. Aeonwall acts exclusively as a platform provider and intermediary service and does not hold ownership rights over Author content.

This Agreement forms part of the Aeonwall Terms and Privacy Policy.

2. Acquisition of Usage Rights

Upon purchasing or downloading Content, you acquire a non-exclusive, perpetual, worldwide right to use the Content, exclusively within the scope of the license model chosen by the Author at the time of upload (see Section 3). Any use exceeding the rights defined herein is prohibited.

3. License Models and Usage Types

The Author determines which of the following license models applies to the Content at the time of upload:

License Model	Scope of Use	Commercial Use Permitted
Aeonwall Free Content	Editorial Use only	Not permitted
Aeonwall Premium Content	Editorial and Commercial Use	Permitted
Aeonwall Exclusive Content	Editorial and Commercial Use	Permitted

3.1 Aeonwall Free Content

Content offered without monetary charge. Editorial Use only; the general restrictions in Section 5 apply in full.

3.2 Aeonwall Premium Content

Content offered for a one-time purchase price set by the Author. Premium Content may be used for both Editorial and Commercial purposes, in accordance with Sections 4.1 and 4.2, and subject to the general restrictions in Section 5. Unlike Exclusive Content, Premium Content is not restricted to Aeonwall and may also be offered by the Author on other platforms.

3.3 Aeonwall Exclusive Content

While Content is designated as “Exclusive” on Aeonwall, the Author agrees not to license, sell, or distribute the same Content, or any substantially similar version of it, through any stock, marketplace, or licensing platform. This exclusivity applies for as long as the Content remains listed as Exclusive on Aeonwall and does not, by itself, transfer ownership of the underlying work.

4. Detailed Definitions of Use

4.1 Editorial Use

Editorial Use includes the use of Content in an informative, educational, or commentary context without direct advertising intent. Permitted uses include newspaper articles, online magazines, blogs, news portals, TV reports, documentaries, educational materials, non-commercial presentations, contributions to public discourse, and artistic analysis.

4.2 Commercial Use

Commercial Use includes any use of Content primarily aimed at achieving a direct or indirect commercial advantage. Editorial Use is always included within the scope of Commercial Use. Permitted uses (perpetual, worldwide) include:

• Advertising, marketing, and product promotion (online and print);
• Sales promotion and social media advertising campaigns and branding;
• Use on physical products (merchandise, T-shirts, posters, etc.), provided the Content forms part of an overall product and is not the sole object of sale, up to 100,000 copies.

5. General Restrictions and Prohibitions

The following uses are strictly prohibited under all license models:

• Re-Sale: Reselling the licensed Content itself as a standalone product (e.g., as a digital file, stock photo, or vector) is prohibited, unless the Author has expressly granted such rights.
• Negative or Misleading Use: Use that portrays persons or brands in a negative, suggestive, or misleading manner (e.g., falsely representing individuals as endorsers) is prohibited.
• Illegal Use: Use in any context that violates applicable law — including racist or defamatory content - or for political advertising without the explicit written consent of the Author is prohibited.
• No Use for Machine Learning or AI: Content, including associated metadata such as captions and keywords, may not be used to train machine learning or artificial intelligence models, or for biometric identification technologies.
• No NFT Use of Editorial Content: Content designated as Editorial may not be used in connection with non-fungible tokens (NFTs) intended for sale or distribution. Unless expressly licensed otherwise, the creation or sale of NFTs using any Content is prohibited.
• No Separate Metadata Use: Metadata (captions, keywords) may not be extracted or used independently from the Content.

6. Transferability of Rights

The rights granted under this Agreement are non-transferable and non-sub-licensable, with the following exceptions:

• Employer or Client: If you make a purchase on behalf of your employer or client, they may use the Content. The acquired rights belong exclusively to either you or your employer/client - not both simultaneously - depending on who is designated as the Licensee.
• Subcontractors: You may permit subcontractors (e.g., printers or delivery services) or distribution partners to use Content solely in the context of production or distribution processes related to your final project. Such third parties must agree to the terms of this Agreement before use.

7. Intellectual Property Rights and Creator Credit

Ownership: All Content uploaded to Aeonwall remains the intellectual property of the respective Authors. Aeonwall does not claim ownership of Author content. All rights not expressly granted in this Agreement are reserved by the respective Author.

Creator Credit:

• Commercial Use: attribution to the Author is not required.
• Editorial Use: an attribution notice must be placed in close proximity to the Content or within the copyright section, reading: “[Name of Photographer / Author / Artist / Institution] via Aeonwall”.

8. Author's Representations and Warranties

The Author represents and warrants that: (a) the Author is the sole creator and owner of the Content, or otherwise holds all rights necessary to license it under this Agreement; (b) use of the Content in accordance with this Agreement, and in the form supplied by the Author without alteration by the Buyer, does not infringe any third party's copyright, trademark, moral right, or other intellectual property right; and (c) the Content does not violate any applicable law.

The Author further represents and warrants that any person recognizably depicted in the Content, and any private property, trademark, or copyrighted work of a third party shown in the Content, is covered by a valid release, or that no such release exists and the Content has been correctly flagged as “Editorial only - no release” at the time of upload.

9. Indemnification

The Author agrees to indemnify and hold harmless Aeonwall, its officers, employees, and affiliates from any claims, damages, losses, and expenses (including reasonable legal fees) arising out of a breach of the Author's representations and warranties under Section 8, or the Author's violation of this Agreement or applicable law.

The Buyer agrees to indemnify and hold harmless Aeonwall and the relevant Author from any claims, damages, losses, and expenses (including reasonable legal fees) arising out of the Buyer's use of Content in a manner that exceeds or violates the license granted under this Agreement.

10. Aeonwall's Platform Warranty and Disclaimers

Aeonwall warrants only the technical functionality of the Platform and the validity of the license relationship concluded between Author and Buyer through the Platform. Aeonwall assumes no warranty or liability for:

• the copyright status or clearance of any Content;
• the merchantability or fitness of Content for any particular purpose;
• the accuracy of metadata (captions, keywords, or claimed creation/capture dates).

11. Releases

It is the sole responsibility of the Buyer to determine whether additional releases are required for their intended use. Aeonwall does not guarantee that model releases or property releases are available. The Buyer is solely responsible for obtaining any necessary releases for the use of: names, persons, or their likenesses; and trademarks, logos, trade dress, or third-party copyrighted works depicted in the Content (e.g., architecture, artworks, music).

12. Limitation of Liability

To the extent permitted by applicable law, Aeonwall and its licensors shall not be liable for any lost profits, punitive damages, or consequential damages arising from or related to this Agreement. Aeonwall's liability is limited to cases of intent and gross negligence.

13. Notice of Alleged Infringement

If you believe that Content available on Aeonwall infringes your copyright or other rights, you may submit a notice to Aeonwall identifying the Content in question and the basis for your claim. Aeonwall will review the notice and may remove or disable access to the Content pending investigation, and may suspend or terminate the account of an Author found to have repeatedly infringed the rights of third parties.

14. Digital Legacy and Succession

Aeonwall recognizes that Content uploaded to the Platform may hold lasting personal, cultural, or historical value beyond the Author's lifetime. An Author may designate a legacy contact or provide instructions regarding the handling of their account and Content in the event of their death or incapacity. In the absence of such instructions, Aeonwall will handle the account in accordance with its Digital Legacy Policy then in effect and applicable law. This Section does not itself transfer ownership of intellectual property rights, which remain governed by applicable inheritance law.

15. Termination and Content Withdrawal

Termination by Aeonwall: Aeonwall may terminate this Agreement at any time if you violate any provision herein. Upon termination, you must immediately cease all use of the Content, delete all copies, and confirm this in writing to Aeonwall.

Social Media Termination: If a „social media“ platform uses Content for its own purposes or in a manner that violates this Agreement, your license rights for that use terminate immediately. You agree to promptly delete all affected Content from that platform.

Content Withdrawal: Aeonwall may discontinue the licensing of specific Content at any time. Upon notification, you must cease all further use of the Content in question.

16. Governing Law, Language, and Dispute Resolution

This Agreement is governed by Austrian and applicable European Union law, without regard to conflict-of-law principles. The courts having jurisdiction over Aeonwall's registered seat in Vienna, Austria shall have exclusive jurisdiction over any dispute arising out of or in connection with this Agreement, without prejudice to any mandatory consumer-protection venue rights the Buyer may have under applicable law.

This Agreement is drafted in German. Any translation is provided for convenience only; in the event of a discrepancy, the German version prevails.

17. Force Majeure

Aeonwall shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, internet or infrastructure outages, or governmental action.

18. General Provisions

Entire Agreement: This Agreement, together with the Aeonwall Terms and Privacy Policy referenced in Section 1, constitutes the entire agreement between the parties regarding the licensing of Content.

Amendments: Aeonwall may update this Agreement from time to time. Material changes will be communicated with reasonable notice; continued use of the Platform after such notice constitutes acceptance of the updated Agreement.

No Waiver: The failure of Aeonwall to enforce any provision of this Agreement shall not be construed as a waiver of that provision.

Severability: Should any individual provision of this Agreement be found invalid or unenforceable, the validity of the remaining provisions shall not be affected.