UNILATERAL LICENSE AGREEMENT
All graphics and patterns from polikarpovaart belong only to Alena Polikarpova, and are protected by copyright laws and agreements of the Russian Federation. Alena Polikarpova owns all the rights, including copyright to graphics / brushes Procreate. Your rights to use Procreate graphics/brushes are governed by the license terms listed below and depend on what type of license to use Procreate graphics/brushes you purchase.
This License Agreement (“License”) is a legal agreement between you (“Licensee” or “You”) and polikarpovaart /Alena Polikarpova (“Licensor”, “I” or “my”) on downloading, installing or using graphics and patterns (“Resources").
You acknowledge that all intellectual property rights to Resources anywhere in the world belong to polikarpovaart /Alena Polikarpova, that the rights to Resources are licensed (not sold) you and that you have no rights to the Resources or to them, except the right to use them in accordance with the terms of this License Agreement.
IMPORTANT NOTIFICATION FOR ALL USERS:
- By acquiring the right to use the Resources, you agree to comply with the terms of this license. The terms of this license include, in particular, the limitations of liability in section 3 of this agreement.
- If you do not agree to the terms of this license, I will not license the Resources to you, and you must stop using the Resources.
- By acquiring the right to use Resources in any of my online stores, you hereby agree to the immediate fulfillment of the contract and acknowledge that you will lose the right to withdraw from the contract after the start of downloading or streaming digital content.
END USER LICENSE AGREEMENT: COMMERCIAL AND EXTENDED COMMERCIAL LICENSE
Polikarpovaart / Alena Polikarpova hereby grants you a non-exclusive, non-transferable, worldwide right to use graphics and patterns in the following ways, subject to the restrictions set out in the “Restrictions” section:
1.THE FINAL PRODUCT
- You can use the purchased resource in a new final product if the final product meets the following requirements: The final products must differ significantly from the original resource. You should combine Resources with other creative elements so that licensed resources are used in a broader design to form an original design. Original design is something you spend time, effort and skills on, ensuring that resources are not the core integrity of the design or the final product. The final products should not be used or sold in a way that directly competes with the original resource that you purchased. End products should not redistribute the source resource to third parties in such a way as to ensure the extraction of the source resource.
- You can use the Resources for one personal social media account with non-commercial activities;
- You can use the Resources in several commercial projects.
- Lifetime sales of end products for sale or offering for free cannot exceed 5,000 units. If a commercial license resource is purchased and used to create a final product for sale, the sales volume of which exceeds 5,000 units, an extended commercial license must be purchased.
- You can use the Resources for one personal social media account with non-commercial activities;
- You can use the Resources for one business account in social networks and one website owned and operated by the licensee
- You can use the Resources for unlimited physical advertising for local markets and digital paid advertising with unlimited impressions
- Patterns licensed under a commercial and extended commercial license can be used separately as they are, without changing the finished design.
- The final product for sale may be a digital design or a physical item that you and/or your client intend to sell to multiple individuals for any fee or fee, but ensuring that no third parties will be able to extract the original resource.
- You can modify or manipulate the Resource or include it in other content and make derivative work of it. In the relationship between you and polikarpovaart /Alena Polikarpova, polikarpovaart /Alena Polikarpova reserves all rights, title and ownership of the Resource, and the resulting derivative work is subject to the terms of this License Agreement, including the restrictions set out in Section 2.
FOR BRUSHES PROCREATE
- Here, the Final Product must be a unique implementation of the Resource.You can use Procreate Brushes in several commercial projects and sell an unlimited amount of the final product. Procreate brushes can only be installed on devices used by the Licensee, that is, on the Licensee's primary and secondary desktop computer and mobile device.
You can not:
- Sublicense, resell, distribute, provide access, share or transfer any resources (for example, in the form of shares, in a tool, application or template, with source files and/or not included in the final product) under any circumstances, even for free. Uploading a resource to a website with a resolution exceeding the display resolution of the intended viewing device will be considered an attempt to redistribute graphics. You agree to take all commercially reasonable measures to prevent access and/or duplication of Resources by third parties. If you become aware of any unauthorized duplication or access to any of the Resources, please let me know by email.
- Allow any person other than the Licensee, such as an end user, to customize a digital or physical end product for commercial or non-commercial use. It is prohibited for any user other than the Licensee to have access to assets with which he can select items or create his own end result. This includes, but is not limited to, “print on demand”, “made to order” or “download on demand" applications.
- Imply or claim that you are the author of the work, even if you have made changes.
- Make graphics/patterns available to a third party in a digital asset management system, shared disk or similar for the purposes of sharing or transferring such graphics(s)/pattern(s).
- Resell the resource directly or as part of a broader design/product, where the original resource can be extracted in its original form in both digital and printed format.
- Resell a website template with which you can extract embedded graphics or other resources.
- Resell a logo template in which fonts or graphics are used separately (i.e. without auxiliary elements and do not represent a "broader, original design"). End users are not allowed to provide source files, including multi-layer files or PNG files, which makes it easy to extract the source resource. A license will be required for both you and your client if they need editable/multi-level files.
- Use graphics/patterns in e-books or downloadable publications, while graphics/patterns can be extracted from this document in their original form.
- Sublicense, resell, distribute, provide access, and share graphics or patterns with third parties.
- Register as a trademark a Resource or a final product that includes a Resource – not even logos. If you use a Resource to create a logo for yourself or a client, keep in mind that other clients/third parties may use the same Resource, even in a different logo, i.e. the Resource is not exclusive.
- Sublicense, resell, distribute, grant access, share or transfer any brushes included in the brush sets. Copying and customizing brushes for repackaging and sale is strictly prohibited.
3.LIMITATION OF LIABILITY
- You acknowledge that the Resources have not been designed to meet your individual requirements, and therefore you are responsible for ensuring that the Resources' facilities and functions meet your requirements.
- You have no right to use the Resources in an illegal, harmful, offensive, racially or ethnically offensive, defamatory, misleading, violating the rights to privacy or publicity, harassing, humiliating other people (publicly or otherwise), defamatory, obscene, threatening, obscene or promoting racism, bigotry, hatred or physical harm of any kind in relation to any group or individual or in any other undesirable way.
- Polikarpovaart / Alena Polikarpova is not responsible for any failure or delay in the performance of any of my obligations under this License caused by any action or event beyond my reasonable control, including, but not limited to, the failure of public or private telecommunications networks.
- I do not guarantee that the operation of Resources will be uninterrupted or error-free.
- You may not transfer your rights or obligations under this License to another person or company without my written consent.
- Each of the terms of this License is valid separately. If any court or competent authority decides that any of them is illegal 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, indirect or incidental damages, including lost profits, savings or business interruption as a result of a product defect.
- Under no circumstances will I be liable to you or any third party for any events that are beyond my reasonable control – this includes, but is not limited to industrial action, acts of God, terrorism, civil unrest or any other event that can be determined as force majeure.
- This License, its subject matter and the procedure for its formation are regulated by the legislation of the Russian Federation on copyright.
- Digital goods do not imply a refund, but contact me if you have any problems with my goods
4.EXTENDED COMMERCIAL LICENSE
When purchasing an extended commercial license, the following conditions apply:
- The Extended License allows you to use the Resources in any way permitted by the Commercial License and in accordance with the obligations and restrictions therein;
- You can use Resources to create an unlimited number of end products
- You can use the Resources to create unlimited physical advertising for local, national and global markets
- You can use the Resources for an unlimited number of business accounts on social networks owned and operated by the licensee
- You can use the Resources as is, without creating an original design
- You purchase a digital product, which is downloaded immediately after payment, so I do not refund money for digital products. (But I always stay in touch to help you solve possible problems with loading the goods).
- I may terminate this License immediately by notifying you in writing if you commit a material or permanent violation of this License that you will not correct (if it is possible to correct) within 14 days after receiving a written notice requiring you to do so.
- Upon termination for any reason:
- All rights granted to you under this License are terminated;
- You must immediately terminate all activities permitted by this License;
- You must immediately pay me any amounts owed to me under this License;
- You must immediately remove or delete Resources from all computer equipment at your disposal and immediately destroy any tangible copies of Resources at your disposal, storage or control, and in case of destruction, confirm to me that you have done so.
If you are not sure about anything or you have any questions regarding the license agreements, please do not hesitate to contact me.