END USER LICENSE AGREEMENT: GRAPHICS LICENSE
IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE USING THE PRODUCT
- Oksana Stepova owns all rights, including the copyrights to the graphics/fonts, and that rights to use the graphics/fonts by Oksana Stepova are licensed (not sold) to you, and that you have no rights other than the right to use them in accordance with the terms of this Licence and are conditional upon you making payment to Oksana Stepova for the usage rights of the graphics/fonts.
- By purchasing the right to use the Resources you agree to be bound to the terms and conditions of this licence.
- 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 agree to be bound to the terms and conditions of this licence and acknowledge that you will lose your right of withdrawal from the contract once the download or streaming of the digital content has begun.
This is a licence agreement between you ("the End-user", "you" or "Licensee") and Oksana Stepova that explains how you can use products under the Oksana Stepova licences. By downloading content from oksanastepova.com, you accept the terms of this agreement.
Oksana Stepova 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”:
You may use a purchased Item in a new End Product as long as the End Product meets the following requirements:
- End Products must be significantly different than the original item and require time, effort, and skill to produce. You must combine design elements with another design ellements to create your unique design. End Products must not be used or sold in a way that is directly competitive with the original Item you purchased. End Products must not redistribute the original Item to any third parties in a manner that allows for the extraction of the original Item.
- Licensee may create physical end products such as, but not limited to, clothing, cards, invitations, stickers, mugs, stamps, candles, posters, signs, home decor, boxes, labels, stickers, or containers, etc. for Commercial use or Non-commercial use. Read more about creating digital End products in the «Digital End Products» section below.
- Licensee may use the Licensed Asset in digital or print publications such as magazines, cards, invitations, photo albums, and scrap books, e-books or e-publications, for Commercial use or Personal (Non-commercial) use.
- You may use the graphic or graphics in one commercial Project that could consist of several End Products – a Project is defined as a complete and cohesive undertaking that may result in one or more End Products. Any End Products included in the one Project must be directly related under a single concept. (An example of One Project with many End Products would be a wedding stationery suite that includes an invite, save the date, thank you note, menu, name tags, etc). When Sub-Items within Item Packs or Bundles are used, they do not all have to be used in the same End Product nor the same one Project. For example, an Item Pack containing 10 icons could potentially be used in 10 Projects if only one icon is used per Project and each icon is used only once.
- The lifetime sales of the End Product for Sale do not exceed 1000 units. If a Standard Licenced Resource is purchased and used to create an End Product for Sale of which the sales exceed 1000 units, either another Standard Licence or an Extended Licence must be purchased. For End Products that are not offered for sale, you may distribute as many copies of the End Product as you like.
FOR FONTS SPECIAL TERMS APPLY:
Here, an End Product must be a unique implementation of the Resource. For example, you may purchase a font and use it to make unique word art, but you must not redistribute the original files in any way. Fonts may only be installed on a single computer, but may be used in multiple End Products.
YOU MAY NOT:
- Sub-licence, resell, redistribute, provide access to, share or transfer any graphics/fonts, even for free. Uploading any graphic 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 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 unauthorised duplication or access of any of the Resources please notify me via email.
- Make graphics/fonts/end products available on a digital asset management system, shared drive, or the like for the purposes of sharing or transferring the Item, and you must not permit an end user of the end product to extract the Item and use it separately from the End Product. Read more about creating digital End products in the «Digital End Products» section below.
- 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 licence – this is not acceptable.
- Register as a trademark the Item or the end product incorporating the Item – not even logos. If you use the Item to create a logo for yourself or a client, keep in mind that third parties can use the Item too, even in another logo.
- 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 allows for easy extraction of the original Resource. A licence will be required for both yourself, and your client should they need the editable/layered files.
- Use any Item if that use could result in a third party’s claim that it acquired rights in the Item that are contrary to this licence. You shall immediately remove the Item from any unauthorized location or use, including an unauthorized social media platform or website.
- 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.
- Falsely represent, expressly or by way of reasonable implication, that any Item was created by you or a person other than the copyright holder of that Item.
If you purchase an Extended Licence, the following terms apply:
- The Extended Licence allows you to use Items in any manner permitted under the Standard Licence, and pursuant to the obligations and restrictions therein;
- You may use Resources in multiple commercial Projects;
- You may also use Items purchased under the Extended Licence to create End Products for Sale, in which the End Product for Sale may be sold an unlimited number of times.
- You may use graphics "as is" for Personal use and for Commercial use but only for physical End Products. For creating Digital End Products for sale you must combine graphics with other elements to create your unique design.
Digital End Products
If you want to create a digital final product, you have to understand that this should be a format from which your customers will not be able to extract graphics, otherwise it will be considered a resale. Your customer should not have access to the graphic element and the ability to retrieve it or change it. Files such as PDF, PSD are a competing if you sell it directly "as is". It is easy to extract graphics from them by a third parties, and this is prohibited by the license. If you want to create a correct PDF, first save the entire design as a JPG/PNG, then add it to a Word document (or other editor), and finally export as a PDF. That way even though the final version is a PDF, it is made from a JPG/PNG file, which is already a flattened image file.
You are not allowed to create and sell digital End Products "as is" without changes with either a Commercial or an Extended License. It will be considered a resale. You must combine graphics with other elements to create your unique design.
Keep in mind, no one other than the Licensee (the person who purchased the license) may customize a digital or physical end product made from licensed Asset, 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. This means that you may not create a template or other customizable product, which your End Users customize themselves before ordering that customized End Product.
To clarify, the above usage differs from using an “on-demand” production service to produce your pre-designed product(s) to sell. For example, your customer may order a book you’ve written and designed, which your print-on-demand provider then produces and delivers to them. Since the customer has no control over the end product result in this case, this usage would be permitted under Commercial and Extended Commercial license.
Limitation of Liability
- Please, copy your purchased and downloaded files from oksanastepova.com on an electronic or physical medium for your own back-up purposes. I highly recommend that you do this, as I cannot guarantee that I will be able refresh your download links.
- You acknowledge that Oksana Stepova owns all rights, including the copyrights to the graphics/fonts, and that rights to use the graphics/fonts by Oksana Stepova are licensed (not sold) to you, and that you have no rights other than the right to use them in accordance with the terms of this Licence and are conditional upon you making payment to Oksana Stepova for the usage rights of the graphics/fonts.
- 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.
- You may not transfer your rights or your obligations under this Licence to another person or business without my express written consent.
- I do not warrant that the operation of the Resources will be uninterrupted or error free.
- 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.
- This Licence, its subject matter and its formation, are governed by Ukraine Copyright law, the Berne Convention and the Universal Copyright Convention.
- 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;
- 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.