Key permissions for extended commercial license:
- Commercial use
- Up to 250,000 end products for sale
- Unlimited lifetime viewers for broadcast use
- Multiple commercial social media accounts
- One title downloaded or sold up to 250,000 times for mobile, desktop or web app use
- Unlimited physical or digital paid ads for local, national, and global markets
FULL LICENSE AGREEMENT
IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE ENTERING INTO THIS AGREEMENT
The agreement between Beatriz Pascual and the licensee.
Refers to: https://www.beautifulpattern.com
Refers to those who purchase the licensed asset from the Website.
Refers to Beatriz Pascual.
The fee payable for use of the licensed asset as set out on the Website.
Refers to digital assets available for download from the Website after payment is complete.
“Intellectual Property Rights”
Refers to all copyright, patents, database rights, registered and unregistered design rights, topography rights, trademarks and service marks and applications for any of the foregoing, together with all trade secrets, know-how, rights to confidence and other intellectual and industrial property rights in all parts of the world.
Refers to the guidelines governing your use of the Licensed Asset.
Refers to digital or physical products in which the use of the Licensed Asset has been used.
This License Agreement is a legal agreement between the licensee and Beatriz Pascual. The Licensee acknowledges that by completing the purchase process has read the entire License Agreement and agrees to all the terms. Beatriz Pascual offers only one type of license agreement; Extended Commercial License which applies to Licensee’s use of the Licensed Asset from the time it is purchased. This License Agreement states the terms and conditions of Licensee’s non-exclusive and limited copyright license with respect to the digital content (“Licensed Asset”) made available on https://www.beautifulpattern.com by Beatriz Pascual and purchased by Licensee. The License Agreement will be included as a PDF file alongside the licensed assets; retain the license agreement for your records.
1. INTELLECTUAL PROPERTY RIGHTS
1.1. You acknowledge that you obtain no Intellectual Property Rights whatsoever in the Licensed Asset by virtue of this agreement and that all Intellectual Property Rights in the Licensed Asset shall at all times be and remain the property of Beatriz Pascual.
2. PRICING AND PAYMENT
2.1. You acknowledge that the License Fee is that displayed on the Website when you enter into this agreement.
2.2. You shall pay the License Fee immediately to Beatriz Pascual in accordance with the methods of payment set out on the Website and, upon authorisation of such payment, the Licensed Asset shall be available to you for download.
3. LIMITATION OF LIABILITY
3.1. The Licensed Asset has not been created to meet your individual requirements and it is your sole responsibility to satisfy yourself prior to entering into this agreement that the Licensed Asset will meet your requirements. Beatriz Pascual makes no warranty or representation in that respect and no failure of any part or the whole of the Licensed Asset to be suitable for your requirements shall entitle you not to accept the same or give rise to any right or claim against Beatriz Pascual.
3.2. Whilst Beatriz Pascual makes all reasonable attempts to exclude viruses from the Licensed Asset, it cannot ensure such exclusion and no liability is accepted for viruses. Thus, you are recommended on receipt to thoroughly scan the Licensed Asset and insure yourself against any associated risk.
3.3. To the fullest extent permitted by law, IN NO EVENT WILL Beatriz Pascual BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION, YOUR USE, OR INABILITY TO USE, THE LICENSED ASSET, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
4.1. You shall indemnify Beatriz Pascual against all liabilities, costs, expenses, damages or losses (including any direct or indirect consequential losses,loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by Beatriz Pascual arising out of or in connection with any breach by you of the terms of this agreement, in particular any use of the Licensed Asset which either breaches the Usage Guidelines or any use that is not expressly permitted therein.
5.1. Beatriz Pascual may terminate this License Agreement at any time if Licensee breaches any of the terms of this or any other agreement with Beatriz Pascual, in which case Licensee must immediately: cease using the License Asset; delete or destroy any copies; and, if requested, confirm to Beatriz Pascual in writing that Licensee has complied with these requirements. If Licensee uses the Licensed Asset on a social media platform or other third party website and the platform or website uses (or announces that it plans to use) the Licensed Asset for its own purpose or in a way that is contrary to this License Agreement, the rights granted for such use shall immediately terminate, and in that event, upon Beatriz Pascual’s request, Licensee agrees to remove any content from such platform or website.
6. CONTENT WITHDRAWAL
6.1. Beatriz Pascual may discontinue licensing the Licensed Asset at any time in its sole discretion. Upon notice from Beatriz Pascual, or upon Licensee’s Knowledge, that a Licensed Asset may be subject to a claim of infringement of a third party’s right, Beatriz Pascual may require Licensee to immediately, and at Licensee’s own expense: cease using the Licensed Asset, delete or destroy any copies; and ensure that Licensee’s clients, distributors and/or licensees do likewise. Beatriz Pascual will provide you with replacement content (determined by Beatriz Pascual in its reasonable commercial judgement) free of charge, as its sole obligation, subject to the other terms of this License Agreement.
7. LIMITATION ON TIME TO FILE CLAIMS
7.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE LICENSED ASSET OR THIS LICENSE AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
8. WAIVER AND SEVERABILITY
8.1. No waiver of by Beatriz Pascual of any term or condition set forth in this License Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Beatriz Pascual to assert a right or provision under this License Agreement shall not constitute a waiver of such right or provision.
9.1. All notices required to be sent to Beatriz Pascual under this License Agreement should be sent via email to email@example.com. All notices to Licensee will be sent via email to the address provided by Licensee during account creation or purchase.
10.1. Beatriz Pascual may modify this License Agreement by posting an updated version on the Website. The then current version of the License Agreement posted at the time of purchase shall apply to purchases. Updated versions of the License Agreement shall not apply retroactively to prior purchases unless either (1) Licensee is notified of its option to apply the updated terms to prior purchases and expressly agrees or (2) such modification (i) does not adversely affect any rights of Licensee and (ii) Beatriz Pascual notifies Licensee of the changes and that they will apply retroactively (e.g., via email to the address on file).
11.1. Unless the context requires otherwise, in any part of this License Agreement: (i) “including” (and any of its derivative forms, e.g. “includes”), “e.g.” and “for example” means “including but not limited to”; and (ii) use of the singular imports the plural and vice versa. This License Agreement shall not be interpreted against the drafting party.
12. CHOICE OF LAW AND FORUM
12.1. This agreement shall be governed by and read in and construed in accordance with the Laws of Spain and the parties here to submit to the exclusive jurisdiction of the Courts of Spain for the settlement of any disputes hereunder.
13. PARTIES TO THE LICENSE AGREEMENT; NUMBER OF USERS (OR SEATS)
13.1. This License Agreement is an agreement between:
(A) The “Licensee” who is the individual person indicated as the licensee during the purchase process or that person’s employer if that person is acting on the employer’s behalf and with the employer’s authorization
(B) Beatriz Pascual as licensor.
If you are purchasing on behalf of your employer, then only your employer is the “Licensee” and can use the Licensed Asset subject to the terms of this License Agreement; in that case you represent and warrant that you have full legal authority to bind your employer, as the Licensee, to the terms of this License Agreement.
13.2. The number of individual users permitted to access and use the Licensed Asset (as permitted in this Licensee Agreement) is the number of users (or seats) selected and paid for at the time of purchase. If Licensee requires additional users (or seats), additional licenses to the Licensed Asset must be purchased.
14. MANAGEMENT OF ASSET
14.1. Licensee may only upload the Licensed Asset to (A) a server owned and controlled by Licensee or (B) a cloud storage service, cloud-based design app, or digital asset manager, account controlled by Licensee, in each case for use of the Licensed Asset by Licensee only, as permitted herein.
15. THIS LICENSE AGREEMENT ALLOWS BOTH COMMERCIAL USE AND NON-COMMERCIAL USE
This License Agreement permits Non-commercial use and Commercial use of the Licensed Asset, as expressly specified in Section 16 (Permitted Uses and Quantity/Impression Limitations).
Commercial use and non-commercial use definitions:
15.1. Commercial Use
“Commercial” use is any use: (i) that involves an exchange of money or other consideration, (ii) that promotes a business (e.g., sole proprietorship, corporation, or partnership), product, or service or (iii) 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 (i), (ii), and (iii) is met, then the use is deemed “Commercial”.
15.2. Non-Commercial Use (Personal)
“Non-commercial” use is use for solely personal purposes; any use that meets the definition of “Commercial use” can not be a Non-commercial use.
16. PERMITTED USES AND QUANTITY/IMPRESSION LIMITATIONS
An “End Use” of a Licensed Asset means use of the Licensed Asset only as expressly permitted below:
16.1. End Products
✓ Physical Products for Commercial Use or Non-commercial Use: Licensee may create physical end products such as, but not limited to, clothing, cards, invitations, stickers, mugs, stamps, candles, posters, signs, home decor, etc. for Commercial use or Non-commercial use.
✓ Product Packaging for Commercial Use of Non-commercial Use: Licensee may create physical or digital end packaging products used for resale or wholesale such as, but not limited to, boxes, labels, stickers, or containers, etc., for Commercial use or Non-commercial use.
✓ Digital Products for Commercial Use or Non-Commercial Use: Licensee may create digital end products for resale such as static designs, static website elements for Commercial use or Non-commercial use.
✓ Digital or Print Publication for Commercial Use or Non-commercial Use: 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 Non-commercial use.
Quantity Limitations on End Products for Commercial Use: No more than 250,000 lifetime combined individual end products or packaging (digital or physical) sales, instances, impressions, or installations (as applicable) that incorporate the Licensed Asset is permitted for Commercial use. Contact Beatriz Pascual for a custom license if Licensee requires greater quantities for commercial use.
16.2. Social Media, Marketing, and Advertisements
✓ Personal Social Media for Non-Commercial Use: If applicable (e.g., for an individual), one (1) personal or individual social media accounts for Non-commercial use.
✓ Company Social Media for Commercial Use: If applicable (e.g., to a business), all Licensee owned and managed company social media accounts are allowed for Commercial use. No limit on accounts and pages owned and managed by the Licensee for Commercial use.
✓ Physical (Printed) Advertisements for Commercial Use: Such as billboards, signage, printed advertisement, etc. for Commercial use in Local markets, National Markets, and Global markets. “Local” market means that all display or distribution of these permitted advertisements must be within a 200 mile radius within the borders of a single nation/country. “National” market means any distribution or display of advertisements beyond a 200 mile radius within a single nation/country. “Global”market means any distribution of display of advertisements in more than one nation/country.
✓ Digital Advertisements for Commercial Use: Internet advertisements such as advertisements served by Google Ads, Bings Ads, Facebook Ads, Linkedin Ad, etc. for Commercial use.
Quantity Limitations on Promotion and Advertisements: No limit on the number of impressions of social media posts or advertisements incorporating the Licensed Asset for Commercial use or Non-commercial use (where Non-commercial use is applicable).
16.3. Broadcast and Streaming of Motion Picture and Audiovisual Content
✓ Broadcast and Streaming: Broadcast and streaming via network, cable, internet, satellite, pay-per-view, video on demand or Streaming of motion picture and audio visual works, including advertisements
Quantity Limitations on Broadcast and Streaming: No limit on the lifetime viewers for Commercial use or Non-commercial use.
16.4. Digital Development
✓ Website Software Development, Mobile App Development, Desktop Application Development, and Video Game Development for Commercial use or Non-commercial use: Licensee may use the Licensed Asset in one (1) title for Commercial use or Non-commercial use.
Quantity Limitations on Digital Development: The Licensed Asset may be used in a single website, application, video game (each additional website, application, or video game including (without limitation) successor products, requires a separate license) and the license is additionally subject to the limitation in 17.1 (End Products). For example, Licensee may use the Licensed Asset in 1 mobile app title which may be downloaded or sold up to 250,000 times in total (pursuant to the limitation in Section 16.1), but Licensee may not use the Licensed Asset in 1 mobile app title and 1 website title that each sell 250,000 times (for this a separate license must be purchased for the mobile app title and the website title). These quantity restrictions are on a per purchase basis, so Licensee may purchase two licenses for the same Licensed Asset to increase the permitted quantity (subject to the terms of each applicable license).
17. PROHIBITED USES
17.1. End Products
– On-Demand Applications (Such as Print-on-Demand and Create-on-Demand Services). Any use that allows anyone other than the Licensee, such as an end user, to customize a digital or physical end product is prohibited, whether for Commercial use or Non-commercial use. This includes, but is not limited to, “print on demand”, “made to order” or “download on demand” application.
17.2. Trademark and Copyright
– Trademark: Licensed Asset may not be used as part of a trademark, service mark, design mark, trade-name, or similar use unless (1) the Licensed Asset is significantly altered and (2) not the predominant element of the End Use. In no event does this License Agreement allow Licensee to — and Licensee shall not seek to — register, protect, or enforce any trademark or similar rights in the Licensed Asset itself which must be disclaimed in any trademark registration.
– Copyright: Licensee may not claim the Licensed Asset (or a modification thereof) as its own copyrighted work (the original Licensed Asset must be disclaimed in any copyright registration).
17.3 – Future Technologies
– The license is limited to the expressly permitted uses stated in this License Agreement: future-existing technologies and uses are expressly reserved and not included within the scope of the license.
18. STRICTLY PROHIBITED USES.
Nothing in this License Agreement grants Licensee any of the following rights, all of which rights are expressly retained:
18.1. Resale or Sub-Licensing the Licensed Asset or any modification of it in source file form is strictly prohibited.
18.2. 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 or template).
18.3. Making public or sharing the Licensed Asset in any way that allows others to download, extract, or redistribute 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.
18.4. Use the Licensed Asset in pornographic, fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory material, is strictly prohibited, including, without limitation, any use of the Licensed Asset that:
(A) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
(B) may create a risk of any other loss or damage to any person or property;
(C) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(D) may constitute or contribute to a crime or tort;
(E) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
(F) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
(G) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(H) contains any information or content that you know is not correct and current; or
(I) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
18.5. Falsely representing authorship and/or ownership of the Licensed Asset is strictly prohibited.
18.6 – Any other use that is not expressly permitted in Section 16 (Permitted Uses and Quantity/Impression Limitations) is strictly prohibited.
19. SUBLICENSING TO THIRD PARTIES IS PROHIBITED WITH LIMITED EXCEPTIONS FOR CLIENTS AND SERVICE PROVIDERS (Third party use requires the third party to obtain its own license.)
19.1. Third Party Use Requires Separate License.
This License Agreement does not permit sublicensing except for the limited rights to sublicense described below in Section 19.2.
19.2. Limited Sublicensing Is Permitted.
Licensee may sublicense Licensee’s rights to third parties in only three situations:
(A) to manufacture, market, or distribute completed End Uses (defined above) that use the Licensed Asset (as expressly permitted herein) when done on behalf of Licensee, provided that the sublicense may only be granted on condition that the sublicensee is prohibited from extracting, reproducing or using the Licensed Asset in any other way and Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non- compliance. For example, Licensee may use distributors to manufacture or distribute physical products for resale or product packaging; similarly, Licensee may use third party providers, such as hosting providers to host a completed website or website publishers to display completed digital advertisements;
(B) to a service provider serving as Licensee’s subcontractor to provide services to Licensee provided that (i) Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance and (ii) Licensee has purchased a sufficient number of seats for the Licensed Asset Licensee (e.g., each individual person requires a license as stated above); and
(C) to a client of Licensee where Licensee transfers to that client a completed End Use (defined above, such as a completed website, advertisement, product, or product packaging). In this instance, the sublicense may only be granted on condition that the sublicensee is prohibited from extracting, reproducing or using the Licensed Asset in any way other than is necessary in order to exploit the End Use that Licensee provides to the client. Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance.