LICENSE AGREEMENT

All graphics/fonts/patterns by Elen Stolz (Elena Kitsenko) are protected by Russian Federation copyright laws and treaties. Elen Stolz(Elena Kitsenko) owns all rights, including the copyrights to the graphics/templates. Your rights to use the graphics/fonts/patterns are subject to the terms stated below, and are conditional upon you making payment to Elen Stolz(Elena Kitsenko) for the usage rights of the graphics/fonts/patterns. Elen Stolz(Elena Kitsenko) reserves the right to make changes to these Terms and Licence.

This licence agreement (“Licence”) is a legal agreement between you (“Licensee” or “you”) and Elen Stolz(Elena Kitsenko) (“Licensor”, “I” or “my”) for downloading, installing or using the graphics and templates (“Resources”).

I do not sell the Resources to you and ownership remains at all times with me, Elen Stolz(Elena Kitsenko). Your use of the Resources is at all times subject to the terms of this Licence.

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 licence. The terms of this licence include, in particular, limitations on liability in Section 4 of the agreement herein.
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.
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.

Items purchased under the Personal License can only appear in non-commercial projects. Purchase a Commercial or Extended Commercial License if you’re promoting a business, product, or service in an exchange of money or other consideration. The kind of license you choose must align with your intended use for the asset and the amount of seats you purchase must match the number of individuals using it.

Because of the nature of these items, unless they don't suits in any reason, the following items can't be returned, cancelled or exchanged:

Custom or personalized orders
Digital downloads

(Check carefully the type of license you choose, item quantity, software compatibility, files type)

Ask me if you have any questions.

Key Definitions

What is an End Product?

An End Product is a product you will create from the asset(s) you purchased on The Everlasting Story.
What is the difference between personal and commercial use of an asset?

Commercial Use is any use:

that involves an exchange of money or other consideration
that promotes a business (e.g., sole proprietorship, corporation, or partnership), product, or service
where financial gain or other consideration is either sought or a result, directly or indirectly, of Licensee’s use of the Licensed Asset.

If one or more of the above is true, the use is “Commercial.”

Personal use is a use that is only for personal purposes. If the use meets one or more of the “commercial” bullet points above, it qualifies as “Commercial” use.

General

Do's

✓ Use the Licensed Asset for commercial purposes under the “Commercial” and “Extended Commercial” licenses

✓ Use the asset for non-commercial, personal activities with all three license types

Don't

✖ Resell or sub-license the Licensed Asset in a way that is directly competitive with it

✖ Resell any modification of the asset on its own

✖ Make the asset public or share the asset in any way that allows others to download, extract, or redistribute it as a standalone file

✖ Use the Licensed Asset in pornographic, fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory material

✖ Falsely represent authorship and/or ownership of the Licensed Asset

✖ Allow anyone other than the Licensee to customize a digital or physical end product, whether for commercial or non-commercial use.

This includes, but is not limited to, “print on demand”, “made to order” or “download on demand” applications.

✖ Any other use that is not expressly permitted in the license terms is strictly prohibited

Graphics

Can I use a pattern to create a new fabric that I sell?

With the Commercial license or Extended Commercial license, yes. However, keep in mind that, under the Commercial License, your fabric’s design must be significantly different than the original pattern; require time, effort, and skill to produce; and not derive its primary value from the pattern itself.

Can I use an illustration I purchase here as my company’s logo?

If you purchase a Commercial or Extended Commercial license, you may use an illustration as part of your logo, as long as the illustration is (1) modified and (2) not the dominant element of the logo. However, you must disclaim the asset if registering for Trademark protection, and you may not enforce any rights on the asset itself.

Can I use a graphic in my product’s label or packaging?

With a commercial license, yes. Since packaging counts as an End Product, the Commercial license allows you to create up to 5,000 lifetime packages, and the Extended Commercial license allows for 250,000. If you purchase the graphic under the Commercial license, your packaging or label must be significantly different than the original asset, require time, effort, and skill to produce, and not derive its primary value from the graphic itself. If the label or package is not for a commercial product but a personal project like a sticker or container, you are allowed to use a purchased graphic in this way under the Personal license.

Templates

Can I use a template to make cards/invitations?

Yes, but special limitations apply based on your intended use. With all three licenses, you can create unlimited non-commercial cards. If your items are for sale, a Commercial License allows up to 5,000 total end products and an Extended Commercial license allows up to 250,000. Keep in mind that, under the Commercial License, your card’s design must be significantly different than the original template; require time, effort, and skill to produce; and not derive its primary value from the template itself.

Can I use this logo template to make a logo?

Will it be exclusively mine?If you purchase a Commercial or Extended Commercial license, you may use a template as part of your logo, as long as the original asset is (1) modified and (2) not the dominant element of the logo. However, you must disclaim the asset if registering for Trademark protection, and you may not enforce any rights on the asset itself.

Can I use a template to make marketing material for my company?

With the Commercial or Extended Commercial licenses, you are allowed to use the template for your company’s marketing material. However, there are some important considerations based on (1) whether the material you’re advertising is distributed physically or digitally and (2) the license you choose:
With a Commercial license, you can use the template for physical commercial advertisements like billboards, signage, and collateral in Local Markets. Display or distribution must be within a 200 mile radius of a single country. There’s no restriction on digital advertisements.
With an Extended Commercial license, you can use the template for physical commercial advertisements like billboards, signage, and collateral in Local, National, or Global Markets. There’s also no restriction on digital advertisements.

Can I use a presentation template to make a marketing deck?

With a Commercial or Extended Commercial license, yes.

Can I use a licensed template in my social media accounts?

It depends. You may use templates purchased with a Personal License for non-commercial activities in one personal or individual social media account. If you’re using the asset in a company or business social media page, purchase a Commercial or Extended Commercial license for it.
Please note that a separate Commercial license is required for each social media business account or page. On the other hand, if you license the asset under an Extended Commercial license, there is no such limit on the accounts and pages owned and managed by the Licensee for Commercial use.

Restrictions

You may not:

Sub-licence, resell, redistribute, provide access to, share or transfer any patterns/prints, (e.g. as stock, in a tool or template, with source files, and/or not incorporated into an End Product) under any circumstances, not even for free. Uploading any pattern/print 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 pattern/print. 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.
Imply or claim that you are the author of the artwork, even if you have made changes. If you use the pattern/print for editorial purposes (print, web or tv) you have to include the credit adjacent to the product: Elen Stolz / www.everlastingstory.net
Make patterns/prints available to a third party on a digital asset management system, shared drive or the like for the purposes of sharing or transferring such pattern(s)/print(s).
Resell a pattern/print 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 with an embedded pattern/print. This is only acceptable when the website files making use of a pattern/print are passed on to an individual client, although a licence will be required for both yourself, and your client, to justify this.
Resell a digital template that makes use of the pattern/print. The pattern/print may NOT be used in an End Product for sale that is of a digital nature, in any shape or form including epublications.
Register as a trademark the Resource or the end product incorporating the Resource. Keep in mind that other customers/third parties can use the same Resource, i.e. the Resource is non-exclusive.

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.
Elen Stolz 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.

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; and
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 licence agreements, please feel free to mail me art.everlastingstory@gmail.com to@elenstolz.com