1. License – Summary
|The brushes and graphics (Assets) can only be used for personal, non-commercial products/projects and teaching materials|
|It is strictly not permitted to use the Asset and/or remix the Asset and use it in any kind of graffiti generator software products (Desktop app, Web app, mobile app).|
2. Personal License
This License Agreement (”License”) states the terms and conditions of Licensee (“you” or “Licensee”) on the
non-exclusive and limited copyright license with respect to the digital content (“Licensed Asset”, “Asset” or “Resources”) made by graffiti-empire.com (“Licensor”, “us” or ”we”), is made and effective through the purchase by Licensee.
2.1 Grant of License
We grant you a non-exclusive, non-transerable License to use the Asset (brushsets, graphics, coloring templates) under the terms and conditions of this License with permitted access to one individual user.
2.2 This License Agreement Permits Non-commercial Use of the Asset
“Commercial” use is any use:
- that involves an exchange of money or other consideration
- that promotes a business, 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 any one or more of the criteria in (1), (2), and (3) in the list above is met, then the use is deemed “Commercial”.
“Non-commercial” use is a use for solely personal purposes; any use that meets the definition of “Commercial use” can not be a Non-commercial use.
2.3 Scope of License
2.3.1 Permitted Uses: Products for Non-commercial Use
The personal License can be used for the following products/projects for non-commercial use only:
Teaching materials, Website images, drawings, artworks, elements of a magazine, decorative graphics, invitations, clothing, stickers, mugs, cards, physical or digital product packaging: boxes, labels.
2.3.2 Prohibited Uses
This License cannot be used for all End Products for “Commercial use”, all kind of advertisements (print/digital), web apps, mobile apps and software in “Commercial use” or “Non-commercial use”.
2.3.3 Strictly prohibited uses. Nothing in this License Agreement grants the Licensee any of the following rights, all of which rights are expressly retained:
It is strictly not permitted to use the Assets to create graphics for any kind of graffiti generator software (web app, Desktop or mobile app).
Resale or Sub-Licensing the Licensed Asset or any modification of it in source file form is strictly prohibited.
Resale or Sub-Licensing of the Licensed Asset or any modification of it in a way that is directly
competitive with the original Licensed Asset is strictly prohibited (e.g.: as a stock asset).
Making public or sharing the Licensed Asset in any way that allows others to download, extract,
or redistribute the Licensed Asset as a standalone file (meaning just the content file itself, separate from
the project or end use that is expressly permitted) is strictly prohibited.
- not to redistribute the resources to anyone (even for free)
- not to rent, lease, sub-license including to a third party for manufacturing or loan the Resources
- to keep all copies reasonably secure and for use of the Licensed Asset by Licensee only
2.5 Intellectual Property Rights
All Intellectual Property Rights over and in respect of the Asset are owned by the Licensor. The Licensee does not
acquire any rights of ownership in the Asset. You have no right to use the Asset in, or to use the Resources other than in accordance with the terms of this License.
2.6 Limitation of Liability
2.6.1 The Licensee acknowledges and agrees that the Assets 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.
2.6.2 We are only responsible for loss or damage you suer that is a foreseeable result of our breach of this
License or our negligence up to the amount specified in condition 6.3, but we are not responsible for any loss or
damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach
or if they were contemplated by you and us at the time we granted you the License.
2.6.3 Our maximum aggregate liability under or in connection with this License whether in contract, tort (including
negligence) or otherwise, shall in all circumstances be limited to a sum equal to the price you paid for the Resources.
We may terminate this License immediately by written notice to you, if you commit a material or persistent breach of this License 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 License shall cease
- You have to immediately stop all activities authorized by this License
- You must immediately delete or remove the Resources from all computer equipment (includings iPads, smartphones and usb-drives) in your possession, and immediately destroy any tangible copies of the Resources in your possession, custody or control and, in the case of destruction, certify to us that you have done so.
2.8 Governing law
This Agreement is constructed by and governed in accordance with the laws of Austria.
The Parties submit to exclusive jurisdiction of the courts of Austria.