LICENSES

 

DENISE ANNE LICENSING AGREEMENT

The following Licensing Agreement as well as the Denise Anne Terms of Use (“TOU”) may be amended or updated from time to time as needed, and we reserve the right to do so at our sole discretion. 

You are granted a non-exclusive, revocable, non-transferable, single user license to use Denise Anne graphics. Ownership of copyright will always remain the copyright of Denise Anne Palmer | Denise Anne. All graphics / Resources are protected under United States federal copyright laws, International copyright laws, and treaties.

This license agreement (“License” or “agreement”) is a legal agreement between two parties, you (“Licensee” or “you”) and Denise Anne Palmer | Denise Anne (“Licensor, “I”, “our” or “my”). This agreement is for downloading, or using the graphics (“Graphics Packs”, or “Resources”).

IMPORTANT

- By purchasing and downloading Denise Anne artwork, you are purchasing a license to use the graphics within the terms set forth herein, and agree to be bound by the terms and conditions of this agreement. Any terms not outlined in this agreement, will be defined in the TOU. Please review all terms and policies prior to purchasing. 
- The terms of this license include limitations of liability, most notably the limitations of liability set forth in section C of this agreement. 
- This license shall become immediately effective and executed at the time of purchase or when download has been initiated.
- If you do not agree to the terms of this Licensing Agreement, I will not grant a license of the Resources to you, and you must discontinue use of the Resources as mentioned in Section F, Termination.


STANDARD LICENSE

A.) END PRODUCTS

You may use the purchased Resources in a new End Product, provided it meets the following requirements: 

  1. End Product must be notably different than the original Resource, and take time and skill to produce. End products must not be sold in a way that is directly competitive with the original purchased Resources. End products must not redistribute the Resources to any other parties where the Resources are extractable. If you create the End Product for a client, your client must comply with this License Agreement and terms.
  2. Lifetime sales of any created End Products for Sale must not exceed 500 units. If sales of End Products for a Standard Licensed item exceed 500 units, multiple Standard Licenses or an Extended License must be purchased. End Products that are not offered for sale can be distributed as many times as you wish.
  3. End Products for Sale are products that are sold for a fee or charge, and can be a product you or your client provide in print, physical, or digital format.
  4. You may modify, change, add to, incorporate into other works, and make a derivative work of the Resource. I shall retain all copyright, title, and ownership of the Resource, and such derivative work is subject to the terms of this license.
  5. You may use Resources without credit given in your End Products, but please see restrictions in Section B Restrictions, number 8. 

B.) RESTRICTIONS

YOU MAY NOT:

  1. You may not sublicense, share, gift, lend, resell, transfer, provide access to or redistribute the Resources under any circumstances, even for free. 
  2. Resell a file or template where the Resource could be extracted in any format. An example of this, would be using the Resource for a client brand identity, and then providing files to them where they could access or extract the Resource, without them owning the original license. This is only acceptable when passed on to a client, where both you and your client have purchased a license.
  3. You may not imply or claim the Resources as your own. 
  4. You cannot upload, use, distribute or incorporate Resources on print on demand service sites such as Spoonflower, Society 6, or Zazzle as is. These sites allow you to represent the work as your own, and as such conflicts with restriction number 3 above. If you wish to use these types of sites for printing or distribution, please contact me to discuss.
  5. Make Resources or graphics available on a share drive, third party, or digital asset management system.
  6. Repackage or incorporate Resources in a wider design or product where the original Resource can be accessed and or extracted in any format.
  7. Trademark registration is not allowed for the Resource or any end product incorporating the Resource, not even logos or brand identities. If you use the Resource as a logo or incorporate it into a logo design for yourself or a client, please know that other users, customers, and businesses can use the same Resource, even in another logo as the Resources are non-exclusive. If you would like to commission an Exclusive design, please contact me.
  8. If you intend to use the graphics/Resources for Editorial work or purposes (print, TV, web, blog) you must include credit. If you plan to use a pattern design unedited, you must include credit. For example, if you create stationery envelope liners with our patterns, it is customary to include credit as I am the designer of such artwork. An exception I will allow to this is if the pattern is used in a brand identity. For brand identities, see Restrictions number 7. Credit must be given as follows: Artwork by Denise Palmer | www.deniseanne.com with link. If you wish to exclude credit for pattern usage not mentioned here, please contact me to discuss.

C.) LIMITATION OF LIABILITY

  1. All Resources are provided “as is” and without warranty of any kind. You understand and acknowledge that the Resources are not tailored to meet your individual requirements, and the responsibility to ensure the Resources conform to your requirements, and the functions and fitness of such requirements rests solely with you. 
  2. You may not use the Resources in any manner that is unlawful, abusive, unkind, harmful, ethnically offensive to any race or people, infringing, deceptive, derogatory, slanderous, invasive of personal rights, or any other right, threatening, profane, or promotes racism, hatred, or physical harm against any other group, organization, or individual, or is otherwise objectionable.
  3. I do not warrant that the Resources are error free. All resources are tested, inspected, and highly planned out, but I am human, errors are absolutely possible, you understand this, and will not hold me liable if there are any errors.
  4. Denise Anne Palmer | Denise Anne will not be liable, accountable, or responsible for any failure of the Resources meeting your individual needs, or performance of any of my obligations under this License by way of an act or event that is beyond my reasonable control, including, but is not limited to, failure of internet or communication channels or networks, web sites, or systems.
  5. Under no circumstances shall I, or any copyright holder, or associated company, as a result of failure, fitness, or defectiveness of Resources be liable for any consequential, special, or incidental damages, loss of profits, funds, or business interruption to you or any third party. Under no circumstances shall I, or any copyright holder, or associated company, be liable to you or any third party for any acts or events that our outside of our reasonable control - this shall include, but is not limited to, acts of terrorism, acts of God, civil unrest or commotion, or anything that could be defined as Force Majeure.
  6. If any section or line of these terms are deemed unenforceable, all other terms shall remain intact and enforceable, as the conditions set forth in this License agreement work independently. 

D.) EXTENDED LICENSE

If you purchase an extended license, the following terms will apply:

The extended license is bound by the same terms, limitations, obligations, end products, and restrictions set forth in the Standard License, and it allows you to use the Resources in the manner stated in the Standard License, but you are granted permission to produce End Products for Sale, in which the End Products for Sale may be sold an unlimited number of times.

E.) EXCLUSIVITY OPTIONS - THESE OPTIONS ARE ONLY AVAILABLE ON CUSTOM ILLUSTRATION JOBS

If you purchase an exclusivity option on custom illustration work, the following terms will apply:

Limited Exclusivity Option
The exclusivity option will allow the client/licensee to use the artwork exclusively for a set period of time. The client would have the option to renew the exclusivity term for the license before it expires. If you no longer wanted exclusivity on the license, then it would just expire and the designs would be resold and available for other companies to license the artwork.

Perpetual Exclusivity Option
Client would maintain exclusivity in perpetuity, artwork may be used on any end products for sale, and in an unlimited capacity. Artwork would remain exclusive to the client, but is not transferable if business is sold. This means that I will not RESELL the artwork to any other company.

The exclusivity options outlined here do not prevent someone from illegally copying the work.  All my artwork is protected by Copyright law, and if it is ever the case that someone uses the licensed artwork illegally, please contact me.


E.) PERSONAL USE

You may use the graphics/ Resources for any type of print you wish, including digital scrapbooking, your own home decor, stationery, or personal blog. You can use them on your personal cards, invitations, and printed gifts. All Resources may be used in an unlimited number of Personal Use projects. Personal use is defined whereas no money is made.

F.) TERMINATION

If you breach the terms of this License Agreement, the license can be terminated for any reason, and I may notify you in writing of the termination. I may contact you of a breach in the terms, and if you fail to remedy the breach or repeatedly breach these terms, you will be given 20 days to remedy the situation. You may be required to give written proof of complying with the methods of Termination.

Methods of Termination

  1. You will be asked to Immediately delete and remove all Resources from all electronic computer, hard drive, or storage equipment in your possession, and destroy printed materials using the Resources.
  2. Due to the digital nature of my products, no refunds shall be given in the event of Termination. Any outstanding charges or fees must be paid due to me under this License Agreement.
  3. Your rights under this license shall cease immediately, and you must stop all work or activities granted under this license.

If you have any questions about the licenses, or which license is best for your intended use, please contact me, I will be happy to answer any questions you have for using the graphics and artwork in your products.

License updated March 29, 2017