2.    GRANT OF LICENSE.

 

2.1    License to Author Content.  

 

Subject to the terms and conditions of this Agreement, Author grants to HealthBreeze, under all of Author’s and its affiliates’ rights in each Author Content, a worldwide, non-exclusive, non-transferable (except as permitted pursuant to Section 8.5), royalty-bearing, limited right and license, to:

 

(a)    use, modify, reproduce, copy, store, and create Derivatives Works of the Author Content, in whole or in part, to create and develop the Animated Works and the HealthBreeze Service; and 

 

(b)    reproduce, copy, store, display, reformat, digitally encode, stream, download and distribute the Author Content, in whole or in part, as have been embodied in an Animated Work or otherwise as part of the HealthBreeze Service.

 

2.2    Reservation of Rights. 

 

Author retains and reserves all right, title and interest in and to the Authored Content except as expressly set forth herein. 

 

2.3    Development of Animated Work.

 

HealthBreeze may create and develop Animated Works subject to the license terms set forth in Section 2.1 and will provide Author a web link(URL) to the Animated Work upon completion. Upon receipt thereof, Author will review the Animated Works and request changes to the Animated Work if it deems medically necessary upon review of the completed Animated Work. Without limiting the foregoing, Author must correct any inaccuracies in the Animated Work in relation to the Author Content on which such Animated Work is based and will be solely responsible for any such inaccuracies after its review.

 

2.4    Advertising.  

 

Author acknowledges and agrees that: (a) HealthBreeze may serve advertising on the HealthBreeze Service in conjunction with the display or playback of the Author Content; provided, however, that HealthBreeze may not include any advertising within the Animated Work without Author’s prior written consent; and (b) due to the nature of the HealthBreeze Service, advertising may be streamed or provided by, or otherwise appear through third party service providers, e.g., YouTube (“Third Party Advertising”), and HealthBreeze will not be responsible to Author for such Third Party Advertising.  Subject to the foregoing, HealthBreeze has sole discretion over the style and format of the advertising on the HealthBreeze Service, which may be modified from time to time.