License agreement

SINGLE-USER LICENSE AGREEMENT

All graphics by NekoTangerine Store are protected by Georgian copyright laws and treaties. Anna Kuzmina (NekoTangerine Store) owns all rights, including the copyrights to the graphics. Your rights to use the graphics are subject to the terms stated below and are conditional upon you making payment to NekoTangerine Store for the usage rights of the graphics. NekoTangerine reserves the right to make changes to these Terms and Licence.

This license agreement (“Licence”) is a legal agreement between you (“Licensee” or “you”) and NekoTangerine Store (“Licensor”, “I” or “my”) for downloading, installing or using the graphics, and fonts (“Resources”).

You acknowledge that all intellectual property rights in the Resources anywhere in the world belong to the NekoTangerine Store (Anna Kuzmina), that rights in the Resources are licensed (not sold) to you, and that you have no rights in, or to, the Resources other than the right to use them in accordance with the terms of this License.

IMPORTANT NOTICE TO ALL USERS:

  • By purchasing the right to use the Resources you agree to be bound to the terms and conditions of this license. The terms of this license include, in particular, limitations on liability in Section 3 of the agreement herein.
  • If you do not agree to the terms of this license, I will not license the Resources to you and you must discontinue the use of the Resources.
  • By purchasing the right to use the Resources from any of my online shops you hereby consent to immediate performance of the contract and acknowledge that you will lose your right of withdrawal from the contract once the download or streaming of the digital content has begun.

END USERS LICENSE AGREEMENT: PERSONAL, LIMITED COMMERCIAL, UNLIMITED COMMERCIAL ART LICENSE

NekoTangerine Store 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. End Product
    You may use a purchased Resource in a new End Product as long as the End Product meets the following requirements:
    • 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 directly competitive way with the original Resource you purchased. End Products must not redistribute the original Resource to any third parties in a manner that allows for the extraction of the original Resource.
    • You may use the Resources in multiple commercial Projects.
    • The Personal License doesn't use to create an End Product for Sale.
    • If a Personal Licensed Resource is purchased and used to create an End Product for Sale, another Limited Commercial Licence or an Unlimited Commercial 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 NekoTangerine Store, NekoTangerine Store 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 2.
  2. Embedding
    You may embed graphic elements 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 graphic elements 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-license, 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 website 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 unauthorized duplication or access of any of the Resources please notify me via email.
    • Allow anyone, other than the Licensee, such as an end-user to customize 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” applications.
    • 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: NekoTangerine Store / www.nekotangerine.store
    • Make graphics 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, graphics, or other Resources can be extracted. For example – web fonts or background textures could be extracted by a new customer, without them owning this original license – this is not acceptable. This is acceptable when the template files are passed on to an individual client, although a license 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 allow for easy extraction of the original Resource. A license 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 have 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.
    • NekoTangerine Store 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 License, its subject matter, and its formation, are governed by Georgian Copyright law, the Berne Convention, and the Universal Copyright Convention.
  5. Limited Commercial Licence
    If you purchase a Limited Commercial Licence, the following terms apply:
    • The Limited Commercial Licence allows you to use Items in any manner permitted under the Personal Licence, and pursuant to the obligations and restrictions therein; and
    • In addition, you may use Resources purchased under the Limited Commercial Licence to create End Products for Sale with lifetime sales not exceeding 1,000 units. Please contact me for a custom license if Licensee requires greater quantities for Commercial use.
  6. Unlimited Commercial Licence
    If you purchase an Unlimited Commercial License, the following terms apply:
    • The Unlimited Commercial Licence allows you to use Graphics and Patterns in any manner permitted under the Personal Licence, and pursuant to the obligations and restrictions therein; and
    • In addition, you may use Graphics and Patterns purchased under the Unlimited Commercial Licence to create physical End Products for Sale, in which the End Product for Sale may be sold an unlimited number of times; and
    • You may use Graphics and Patterns purchased under the Unlimited Licence stand alone to create physical End Products for Sale. Any resale/sublicense of the Licensed Resource in source file form or otherwise competitive with the original Licensed Resource is prohibited.
    • Creating digital End Products is not permitted under the Unlimited Commercial Licence.
  7. 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:
      1. All rights granted to you under this Licence shall cease;
      2. You must immediately cease all activities authorized by this License;
      3. You must immediately pay to me any sums due to me under this License; and
      4. 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.

 

If you are unsure of anything or have any questions relating to the license agreements, please feel free to contact me, or send mail to:

info@nekotangerine.store