END USERS LICENCE AGREEMENT:
STANDARD and EXTENDED ART LICENCE
IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE USING THE PRODUCT
Anna Kosorukova owns all rights, including the copyrights to the graphics/fonts, and that rights to use the graphics/fonts by Anna Kosorukova are licensed (not sold) to you, and that you have no rights other than the right to use them in accordance with the terms of this Licence and are conditional upon you making payment to Anna Kosorukova for the usage rights of the graphics/fonts.
By purchasing the right to use the Resources you agree to be bound to the terms and conditions of this licence.
If you do not agree to the terms of this licence, I will not license the Resources to you and you must discontinue the use of the Resources.
Anna Kosorukova hereby grants you a non-exclusive, non-transferable, worldwide right to use the graphics/fonts in the following ways, subject to the limitations set out in “Restrictions”:
1. STANDARD LICENCE. END PRODUCT
• End Products must be significantly different than the original Resource. You must combine the Resources with other creative elements to ensure licensed Resources are used within a wider design to form an Original Design. An Original Design would be something you put time, effort and skill to produce, ensuring the Resources are not the primary integrity of the Design or End Product. End Products must not be used or sold in a way that is directly competitive with the original Resource you purchased. End Products must not redistribute the original Resource to any third.
• You may use the Resources in multiple commercial Projects.
• The lifetime sales of the End Products for Sale or offered for free may not exceed 5000 units. If a Standard Licensed Resource is purchased and used to create an End Product for Sale of which the sales exceed 5000 units, an Extended Licence must be purchased.
• An End Product For Sale can be either a digital design or physical item that you and/or your client intend to sell to more than a single person for any type of fee or charge, but ensuring that no third parties are able to extract the original resource.
• You may modify or manipulate the Resource, or incorporate it into other content and make a derivative work from it. As between you and Anna Kosorukova, Anna Kosorukova will retain all rights, title, and ownership in the Resource, and the resulting derivative work is subject to the terms of this Graphics Licence, including Restrictions set out in Section 3.
FOR FONTS SPECIAL TERMS APPLY:
Here, an End Product must be a unique implementation of the Resource. For example, you may purchase a font and use it to make unique word art, but you must not redistribute the original files in any way. You may use Fonts in Multiple Commercial Projects and sell unlimited quantities of the End Product. Add-ons and Fonts may only be installed on devices used by the Licensee, i.e. the Licensee’s primary and secondary desktop computer and mobile device.
2. EMBEDDING
You may embed characters from the Resources into any document you send to third parties but such documents may be viewed and printed only (but not edited) by the recipients. You may not under any circumstances embed characters from the Resources into software or hardware products, online applications or tools in which the Resources will be used by the purchasers of such products, or from which the Resources can be extracted or transmitted.
3. RESTRICTIONS
You may not:
• Sub-licence, resell, redistribute, provide access to, share or transfer any Resources, (e.g. as stock, in a tool, app or template, with source files, and/or not incorporated into an End Product) under any circumstances, not even for free. Uploading a Resource to a web site at a resolution that exceeds the display resolution of the intended viewing device will be deemed to be an attempt to redistribute the graphic. You agree to take all commercially reasonable steps to prevent third parties from accessing and/or duplicating the Resources. If you become aware of any unauthorised duplication or access of any of the Resources please notify me via email hello@annartdreams.com.
• Allow anyone, other than the Licensee, such as an end user to customise a digital or physical end product, whether for Commercial use or Non-commercial use. It is prohibited that any user other than the Licensee has access to the assets whereby they can choose items or create their own end result. This includes, but is not limited to, “print on demand”, “made to order”, or “download on demand” application.
• Imply or claim that you are the author of the artwork, even if you have made changes. If you use the graphics for editorial purposes (print, web or tv) you have to include the credit adjacent to the product: annartdreams / annartdreams.com
• Make graphics/fonts available to a third party on a digital asset management system, shared drive or the like for the purposes of sharing or transferring such graphic(s)/font(s).
• Resell a Resource directly, or within a wider design/product where the original Resource can be extracted in its original form in both digital and print format.
• Resell a website template whereby the embedded fonts and graphics can be extracted. For example – web fonts, or background textures could be extracted by a new customer, without them owning this original licence – this is not acceptable. This is acceptable when the template files are passed on to an individual client, although a licence will be required for both yourself, and your client, to justify this.
• Resell a logo template, where the fonts or graphics are used in a stand alone fashion (i.e., with no supporting elements, and not constituting a ‘wider, original design’). Using fonts in a stand-alone fashion for logos is acceptable for individual client projects and personal use, but not for templates sold en-mass. No source files are permitted to be supplied to the end users, including layered files or PNG files that allows for easy extraction of the original Resource. A licence will be required for both yourself, and your client should they need the editable/layered files.
• Use fonts or graphics within ebooks, or downloadable publications whereby the fonts or graphics can be extracted in their original form from this document.
• Use fonts or graphics to create alphabets or letterform related products, digital alphabets (alphas), adhesive stickers, embroidery letters, rubber stamps, die-cut products, or stencil products.
• Register as a trademark the Resource or the end product incorporating the Resource – not even logos. If you use the Resource to create a logo for yourself or a client, keep in mind that other customers/third parties can use the same Resource, even in another logo i.e. the Resource is non-exclusive.
4. LIMITATION OF LIABILITY
• You acknowledge that the Resources has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Resources meet your requirements.
• You may not use Resources(s) 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, bigotry, hatred or physical harm of any kind against any group or individual, or is otherwise objectionable.
• Anna Kosorukova will not be liable or responsible for any failure to perform, or delay in performance of, any of my obligations under this Licence that is caused by any act or event beyond my reasonable control, including without limitation failure of public or private telecommunications networks.
• I do not warrant that the operation of the Resources will be uninterrupted or error free.
• You may not transfer your rights or your obligations under this Licence to another person or business without my express written consent.
• Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
• Under no circumstances will I be liable to you or any third party for any special, consequential or incidental damages including lost profits, savings or business interruption as a result of the item being defective.
• Under no circumstances will I be liable to you or any third party for any events that are outside the reasonable control of myself this shall include but not be limited to industrial action, acts of God, terrorism, civil commotion or any other event that could be defined as a Force Majeure.
• This Licence, its subject matter and its formation, are governed by Russian Federation Copyright law, the Berne Convention and the Universal Copyright Convention.
5. EXTENDED LICENCE
If you purchase an Extended Licence, the following terms apply:
• The Extended Licence allows you to use Items in any manner permitted under the Standard Licence, and pursuant to the obligations and restrictions therein;
• You may use graphics "as is" for Personal use and for Commercial use but only for physical End Products. For creating Digital End Products for sale you must combine graphics with other elements to create your unique design.
• In addition, you may use Resources purchased under the Extended Licence to create End Products for Sale with lifetime sales not exceeding 250,000 units. Please contact me for a custom licence if Licensee requires greater quantities for Commercial use.
6. TERMINATION
I may terminate this Licence immediately by written notice to you if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
Upon termination for any reason:
• All rights granted to you under this Licence shall cease;
• You must immediately cease all activities authorised by this Licence;
• You must immediately pay to me any sums due to me under this Licence;
• You must immediately delete or remove the Resources from all computer equipment in your possession, and immediately destroy any tangible copies of the Resources then in your possession, custody or control and, in the case of destruction, certify to me that you have done so.