LICENSE AGREEMENT

Preamble

The license agreement is concluded between Viktoriya Yakubouskaya and the customer (hereinafter – the Licensee).

This present license agreement stipulates the conditions subject to which the Licensee may use the designs provided by Viktoriya Yakubouskaya.

Viktoriya Yakubouskaya offers her customers two different licenses for seamless designs:

  1. Commercial (Non-exclusive)

1.1. Commercial License allows you to create end products for sale up to 500 units. The supplied downloadable file is a hi-resolution editable layered Photoshop PSD or Illustrator Vector AI / EPS file. This allows you to use the design for physical products for sale including clothing, t-shirts, homeware, stationery, accessories, posters, postcards, and commercial merchandise up to 500 units/items/meters.

1.2. Rights and obligations of the Licensee

  1. In accordance with copyright law, the Licensee shall be prohibited from making any copies of the design. This means that the Licensee shall not be entitled to make any copies of the design, except when making a backup copy, if the Licensee or any third party intends to use such copies.
  2. The license agreement does not provide for any resale or sub-licensing of the designs.
  3. The Licensee shall be entitled to transfer the design to subcontractors, without the use by itself or to have such designs processed by subcontractors to the extent the Licensee undertakes to comply with the provisions contained in this license agreement.

The Licensee`s subcontractors shall not be entitled to otherwise use the designs and shall be prohibited from extracting or using the files for any other purpose.

  1. The Licensee shall not be entitled to use or register the elements contained in the design (such as flower, leaf, etc.) as a company logo or as a brand/mark.
  2. Viktoriya Yakubouskaya assumes no responsibility if the Licensee’s processing of the design affects the rights of third parties.
  3. The design must not be used for editorial or journalistic purposes without a copyright notice as follow ©Viktoriya Yakubouskaya
  4. The design must not be used to create or sell products on print-on-demand sites such as Society6, Zazzle, Redbubble, Spoonflower, etc.

 1.3. Unauthorized use

  1. The use, rendition, distribution, or display of the design in a manner that is obscene, offensive, or indecent shall be prohibited.
  2. Any actions in connection with the pattern which violate any laws, provisions, or regulations in any applicable jurisdiction shall be prohibited.
  3. The design must be used in such a manner that Viktoriya Yakubouskaya is not presented as a supporter of a political, economic, or other movement or party.
  4. Extended Commercial (Non-exclusive)

2.1. Extended  Commercial License allows you to create unlimited end products for sale. The supplied downloadable file is a hi-resolution editable layered Photoshop PSD or Illustrator Vector AI / EPS file. This allows you to use the design for physical products for sale including clothing, t-shirts, homeware, stationery, accessories, posters, postcards, and commercial merchandise with no limit on the production run.

2.2. Rights and obligations of the Licensee

  1. In accordance with copyright law, the Licensee shall be prohibited from making any copies of the design. This means that the Licensee shall not be entitled to make any copies of the design, except when making a backup copy, if the Licensee or any third party intends to use such copies.
  2. The license agreement does not provide for any resale or sub-licensing of the designs.
  3. The Licensee shall be entitled to transfer the design to subcontractors, without the use by itself or to have such designs processed by subcontractors to the extent the Licensee undertakes to comply with the provisions contained in this license agreement.

The Licensee`s subcontractors shall not be entitled to otherwise use the designs and shall be prohibited from extracting or using the files for any other purpose.

  1. The Licensee shall not be entitled to use or register the elements contained in the design (such as flower, leaf, etc.) as a company logo or as a brand/mark.
  2. Viktoriya Yakubouskaya assumes no responsibility if the Licensee’s processing of the design affects the rights of third parties.
  3. The design must not be used for editorial or journalistic purposes without a copyright notice as follow ©Viktoriya Yakubouskaya
  4. The design must not be used to create or sell products on print-on-demand sites such as Society6, Zazzle, Redbubble, Spoonflower, etc.

 2.3. Unauthorized use

  1. The use, rendition, distribution, or display of the design in a manner that is obscene, offensive, or indecent shall be prohibited.
  2. Any actions in connection with the pattern which violate any laws, provisions, or regulations in any applicable jurisdiction shall be prohibited.
  3. The design must be used in such a manner that Viktoriya Yakubouskaya is not presented as a supporter of a political, economic, or other movement or party.
  4. Payments and license fees
  5. The license fee shall become due and payable as of the date stipulated in the invoice. If payment is effected via credit card, the amount shall be charged to the credit card at the time the contract is concluded. Various payment options are available (e.g. credit card, PayPal, and others).
  6. The license fees stipulated at www.vikipatterndesign.com at the time the order is placed shall be valid. Viktoriya Yakubouskaya reserves the right to change the license fees at any time. The new license fees shall become binding for the Licensee.
  7. If the Licensee does not publish or use the design, Viktoriya Yakubouskaya has no obligation to take it back or refund the license fee.
  8. The Licensee shall be responsible for any taxes.
  9. Restriction and exclusion of liability

Viktoriya Yakubouskaya does not assume any liability for the use of the contractual designs. Viktoriya Yakubouskaya, in particular, does not assume any liability if such use violates any third-party property rights such as trademark rights, copyrights, or registered designs. Claims for damages for slight negligence shall be excluded. This shall not apply to personal injuries.

  1. Right of set-off and retention

The Licensee shall not be entitled to any right of set-off unless its claim is undisputed or recognized by declaratory judgment. Moreover, the Licensee may only exercise its right of retention to the extent its counterclaim is based on the same contractual relationship.

  1. Termination of the contract

If Viktoriya Yakubouskaya becomes aware of any unauthorized use, she must revoke the license and terminate the license agreement with immediate effect. In such a case, Viktoriya Yakubouskaya is not be obliged to refund the license fee and expressly reserves the right to assert claims for damages.