Beautiful Pattern BP Designs
License Agreement: Extended Commercial License
Licensee Individual or legal (company), as indicated at the time of purchase.
Number of users (or seats) The number of users allowed (or seats) is the number of users or seats declared and paid at the time of purchase.
Commercial use: physical and digital end products 250,000 Combined total of physical end products and digital end products. Its use in a single website, application or video game is allowed. Any resale / sublicense of the licensed asset in source file form or in any other way competitive with the licensed asset is prohibited.
Commercial use: ads and promotions Unlimited ad impressions. Use with multiple allowed commercial social media accounts.
Commercial use: Broadcast content Unlimited lifetime viewership.
This License Agreement contains important legal terms, and Licensee acknowledges that by completing the purchase process and / or checking “accept”, Licensee has read the entire License Agreement and agrees the terms of this, including, without limitation, Section 9 (Important general legal provisions). Beautiful Pattern BP Designs offers different types of license agreements and the one selected at the time of purchase applies to Licensee’s use of the licensed asset.
This License Agreement sets forth the terms and conditions of Licensee’s non-exclusive and limited copyright license with respect to digital content (“Licensed Asset“) made available on Beautifulpattern.com and purchased by Licensee. The item number of the licensed asset will be emailed to you at the email address of the account Beautiful Pattern BP Designs has on file along with a link to this License Agreement; keep this for your records. This License Agreement may also apply to digital content that Beautiful Pattern BP Designs makes available free of charge (for example, for promotional purposes) only if expressly stated during the initial download of that digital content.
1. PARTIES TO THE LICENSE AGREEMENT; NUMBER OF USERS (OR SEATS)
1.1 – This License Agreement is an agreement between:
(a) The “Licensee” who is the individual person indicated as the licensee during the purchase process
(b) Beatriz Pascual Gigorro (“Beautiful Pattern BP Designs“) as a licensor.
If you are purchasing on behalf of your employer, only your employer is the “Licensee” and may 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 Licensee, to the terms of this License Agreement.
1.2 – The number of individual users who are allowed to access and use the Licensed Asset (as permitted in this License Agreement) is the number of users (or seats) selected and paid for at the time of purchase. If the licensee requires additional users (or seats), additional licenses must be purchased for the licensed asset.
2. ASSET MANAGEMENT
Licensee may only load the Active Licensed to (i) a server owned and controlled by Licensee or (ii) a storage service in the cloud, a design application based on cloud or an administrator of digital assets, account controlled by the Licensee, in each case for use of the licensed asset only by the licensee, as permitted in this document.
3. THIS LICENSE AGREEMENT ALLOWS COMMERCIAL USE AND NON-COMMERCIAL USE; DEFINED COMMERCIAL USE AND NON-COMMERCIAL USE
This License Agreement permits the non-commercial use and commercial use of the licensed asset, as expressly specified in Section 4 (Permitted Uses and Quantity / Printing Limitations).
3.1 – Commercial Use
“Commercial” use is any use: (i) that involves an exchange of money or other consideration, (ii) that promotes a business (eg, sole proprietorship, corporation or partnership), product or service, or ( iii) when seeking financial gain or other consideration, whether as a result, directly or indirectly, of Licensee’s use of the licensed asset. If one or more of the criteria in (i), (ii) and (iii) is met, the use is considered “Commercial”.
3.2 – Non-commercial (personal) use
“Non-commercial” use is the use exclusively for personal purposes; Any use that meets the definition of “commercial use” cannot be a non-commercial use.
4. PERMITTED USES AND QUANTITY / PRINT LIMITATIONS
An “end use” of a licensed asset means the use of the licensed asset only as expressly permitted below:
4.1 – End Products
✓ Physical Products for commercial or non-commercial use: the Licensee can create physical products final products such as, among others, clothing, cards, invitations, stickers, mugs, stamps, candles, posters, signs, home decoration, etc. for commercial or non-commercial use.
✓ Product packaging for commercial use, non-commercial use: Licensee may create physical or digital final 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 or non-commercial use: Licensee may create digital end products for resale, such as static designs, static website elements for commercial or non-commercial use.
✓ Digital or printed publication for commercial or non-commercial use: Licensee may use the licensed asset in digital or printed publications such as magazines, cards, invitations, photo albums and scrapbooks, e-books or electronic publications, for commercial use or non-commercial use.
Quantity Limitations on End Products for Business Use– No more than 250,000 combined individual lifetime end products or packaging (digital or physical), instances, prints, or installations (as applicable) incorporating the licensed asset are allowed for business use. Contact Beautiful Pattern BP Designs for a custom license if Licensee requires larger quantities for commercial use.
4.2 – Social media, marketing and ads
✓ Personal social media for non-commercial use: if applicable (for example, for an individual), one (1) personal or individual social media account for non-commercial use.
✓ Company social media for commercial use: if applicable (eg, for a company), all company owned and managed social media accounts by Licensee are authorized for commercial use. There is no limit on accounts and pages owned and managed by Licensee for commercial use.
✓ Physical (printed) ads for commercial use: such as billboards, signage, print ads, 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 ad display distribution in more than one nation / country.
✓ Digital ads for commercial use: Internet ads, such as ads published by Google Ads, Bings Ads, Facebook Ads, Linkedin Ad, etc. for commercial use.
Quantity Limitations on Promotions and Ads– There is no limit to the number of impressions from posts or social media ads that incorporate the licensed asset for commercial or non-commercial use (where non-commercial use is applicable).
4.3 – Transmission and transmission of moving images and audiovisual content
✓ Transmission and transmission: transmission and transmission through the network, cable, internet, satellite, pay-per-view, video on demand or transmission of moving images and audiovisuals, including advertisements
Quantity Limitations on broadcast and broadcast: There is no lifetime limit on viewers for commercial or non-commercial use.
4.4 – Digital Development
✓ Development of software for websites, mobile application development, development of desktop applications and game development for commercial or noncommercialuse:the licensee may use the asset licensed in one (1) title for commercial use or non-commercial.
Quantity limitations in digital development: The licensed asset can be used in a single website, application, video game (each additional website, application or video game that includes (without limitation) successor products, requires a separate license) and the License is additionally subject to limitation in 4.1 (Final Products). For example, Licensee may use the Licensed Asset in 1 mobile app title that may be downloaded or sold up to 250,000 times in total (subject to the limitation in Section 4.1), but Licensee may not use the Licensed Asset. in 1 mobile app title and 1 website title each sold 250,000 times (for this you must purchase a separate license for the mobile app title and website title). These quantity restrictions are based on purchase, whereby Licensee may purchase two licenses for the same licensed Asset to increase the allowed quantity (subject to the terms of each applicable license).
5. Prohibited uses (these uses may be available with a custom license, contacts beautiful BP pattern designs for more information):
5.1 – End Products
✗ on-demand applications (such as print-on-demand and create-on-Demand services) Any use is prohibited use that allows anyone other than the Licensee, as an end user, to personalize a digital or physical end product, whether for commercial or non-commercial use. This includes, but is not limited to, the “print on demand”, “on demand” or “download on demand” application.
5.2 – Trademark and copyright
✗ Trademark:the active license can not be used as part of a trademark, service mark, design mark, trade name or similar use unless (1) the asset license significantly alter and (2) not be the predominant end-use item. In no event does this License Agreement allow Licensee, and Licensee will not seek, register, protect, or enforce any trademark or similar rights in the Licensed Asset itself that must be rejected in any trademark registration. Contact Beautiful Pattern BP Design for a custom license if these rights are desired.
✗ Copyright: Licensee may not claim the Licensed Asset (or a modification thereof) as its own copyrighted work (the Original Licensed Asset must be rejected in any copyright record).
5.3 – Future Technologies
✗ The license is limited to the expressly permitted uses established in this License Agreement: the existing technologies and future uses are expressly reserved and are not included in the scope of the license.
6. STRICTLY PROHIBITED USES. Nothing in this License Agreement grants Licensee any of the following rights, all of which are expressly withheld:
6.1 – ✗ Reselling or sub-licensing of the licensed asset or any modification of it in source file form is strictly prohibited.
6.2 – ✗ Reselling or sublicense of the licensed asset or any modification thereof in a way that is directly competitive with the original licensed asset is strictly prohibited (for example, as an asset or stock template).
6.3 – ✗ Publicize or share the licensed asset in any way that allows others to download, extract, or redistribute the licensed asset as a separate file (i.e., only the content file itself, separate from the project or end use that is expressly permitted) strictly prohibited.
6.4 – ✗ The use of 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:
(i) may create a risk harm, loss, physical or mental harm, emotional distress, death, disability, disfigurement or physical or mental illness for you, for any other person or for any animal;
(ii) may create a risk of any other loss or damage to any person or property;
(iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise;
(iv) may constitute or contribute to a crime or tort;
(v) contains any information or content that we consider illegal, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or the rights of publicity, harassment, humiliation of other people (publicly or otherwise), slanderous , threatening, profane, or otherwise objectionable;
(vi) contains any information or content that is illegal (including, but not limited to, disclosure of inside information under the securities law or the trade secrets of another party);
(vii) contains any information or content that you do not have the right to make available under any law or under contractual or fiduciary relationships;
(viii) contains any information or content that you know is not correct and current; or
(ix) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
6.5 – ✗ It is strictly prohibited to falsely represent the authorship and / or property of the licensed asset.
6.6 – ✗ Any other use not expressly permitted in Section 4 (Permitted Uses and Quantity / Printing Limitations) is strictly prohibited.
7. THE CUSTOMER, THE SERVICE PROVIDER AND OTHER THIRD PARTIES ARE PROHIBITED (The use of third parties requires the third party to obtain their own license unless a custom license is purchased)
7.1 – The use of third parties requires a separate license.
This License Agreementlicenses does not allow sub-, except as provided in Section 7.2.
7.2 – Limited sublicense of end users is allowed.
The foregoing restriction does not prohibit Licensee from sub-Licensee’s rights to third parties solely to manufacture or distribute full licensingEnd-Use Assets licensed for non-commercial uses (as expressly permitted herein) when performed on behalf of Licensee, provided that Licensee so permits. On occasion, you will ensure compliance with the terms of this License Agreement.
8.1 – When credit is required: All editorial use requires credit; however, for non-editorial use, a credit is only required when credits are granted to other licensed material providers. Credits, when required, should be legible and in close proximity to the Licensed Assets and, where applicable, substantially similar in location and prominence to other credits
8.2 – How to provide credit: “[Product Type of Licensed Asset] copyright [Beautiful Pattern BP Designs] ”
9. IMPORTANT GENERAL LEGAL PROVISIONS
9.1 – Intellectual property
All digital content available on Beautifulpattern.com, including, among others, the licensed Asset, is protected by Spain and international copyright and other laws. and treaties Between you and Beautiful Pattern BP Designs, Beautiful Pattern BP Designs retains ownership of the Licensed Asset, but grants to Licensee limited, non-exclusive, non-transferable, and non-sublicensable copyrights (except as expressly permitted above) to use the Licensed Active as expressly set forth above in the terms of this All other d Rights, such as between Licensee and Beautiful Pattern BP Designs, are reserved by Beautiful Pattern BP Designs. The licensee may not assert any ownership of the licensed asset or any right to earn income from a collecting society with respect to photocopies, digital copies or other secondary uses of the licensed asset. Any reference to the “purchase” or “sale” (or similar terms) of the licensed asset refers to the purchase of a limited license only and not to the purchase of the underlying copyright or work itself. As Licensee, Licensee’s ownership of the media and / or devices on which the Licensed Asset is registered, if applicable, is distinct and does not confer any ownership, title or interest in the design of the Licensed Asset. This License Agreement does not grant Licensee any trademark or other intellectual property rights (other than copyright) in the Licensed Asset.
9.2 – Termination
Beautiful Pattern BP Designs may terminate this License Agreement at any time if Licensee is in breach of any of the terms of this or any other agreement with Beautiful Pattern BP Designs, in which case Licensee must: stop using the License Asset of righ now; delete or destroy any copy; and, upon request, confirm to Beautiful Pattern BP Designs in writing that Licensee has met 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 contrary to this Agreement license, the rights granted for such use will end immediately and, in that case, at the request of Beautiful Pattern BP Designs, the Licensee agrees to remove any content from said platform or website.
9.3 – Content Removal
Beautiful Pattern BP Designs may suspend the license of the licensed asset at any time in its sole discretion. Upon notification by Beautiful Pattern BP Designs, or to Licensee’s knowledge, that a Licensed Asset may be subject to a claim for infringement of a third party’s rights, Beautiful Pattern BP Designs may require Licensee to immediately and own cost: stop using the licensed Asset, delete or destroy any copies; and ensure that Licensee’s customers, distributors and / or licensees do the same. Beautiful Pattern BP Designs will provide you with replacement content (determined by Beautiful Pattern BP Designs in its reasonable business judgment) free of charge, as your sole obligation, subject to the other terms of this License Agreement.
9.4 – Audit
With reasonable notice, Licensee agrees to provide Beautiful Pattern BP Designs sample copies of projects or end uses containing Licensed Assets, including by providing Beautiful Pattern BP Designs free access to any website or platform with access to paid or otherwise restricted where the licensed asset is reproduced. Furthermore, with reasonable notice, Beautiful Pattern BP Designs may, at its discretion, either through its own employees or a third party, audit Licensee’s records directly related to this License Agreement and Licensee’s use of the asset with license to verify payment compliance and other terms of this License Agreement. If any audit reveals an underpayment by Licensee to Beautiful Pattern BP Designs of five percent (5%) or more of the amount that Licensee should have paid, then in addition to paying Beautiful Pattern BP Designs the underpayment amount And any other remedies to which Beautiful Pattern BP Designs is entitled, you also agree to reimburse Beautiful Pattern BP Designs for the costs of conducting the audit.
9.5 – Disclaimer of warranties
THE LICENSEE’S USE OF THE LICENSED ASSET IS AT HIS / HER OWN RISK. THE LICENSED ASSETS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. BEAUTIFUL PATTERN BP DESIGNS DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PAYMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9.6 – Limitation of liability
IN NO EVENT WILL BEAUTIFUL PATTERN BP DESIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING FROM OR IN CONNECTION WITH THIS LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION, ITS USE OR INABILITY TO USE , INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRICT, LOSS OF INCOME, LOSS OF LOSS OF BUSINESS OR LOSS GOOD WILL, LOSS OF DATA AND IF CAUSED BY TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY, INFRINGEMENT OF INTELLECTUAL PROPERTY IN CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL BEAUTIFUL PATTERN BP DESIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ABOVE OR IN CONNECTION WITH THIS LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION, ITS USE, OR INABILITY TO USE, THE LICENSE THE FEES THAT THE LICENSEE PAID FOR THE LICENSED ASSET. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9.7 – Indemnification
Licensee agrees to defend, indemnify, and hold Beautiful Pattern BP designs harmless from any claim, liability, damages, trials, awards, losses, costs, expenses, or fees (including but not limited to reasonable attorney fees) that arise or relate to Licensee (or any person acting under Licensee) on behalf of, including without limitation, service providers) (i) violation of this License Agreement, (ii) use of the Licensed Asset in violation of the law, rules or regulations, or (iii) use of the Licensed Asset, violation of the rights of third parties where said violation is due to the modification of the licensed asset.
9.8 – Limitation on the time to file claims
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM THAT MAY BE BY RIGHT OR RELATED TO THE LICENSED ASSET OR THIS LICENSE AGREEMENT MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTIONS AGREED, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY LIMITED.
9.9 – Choice of Law and Forum
All matters related to the Licensed Assets and the License Agreement and any disputes or claims arising out of or related thereto (in each case, including, without limitation, disputes or claims not contractual), will be governed by and interpreted in accordance with the internal laws of Spain without giving effect to any provision or rule of choice or conflict of laws. Any legal claim, action or proceeding arising out of or related to the licensed Asset or this License Agreement will be constituted exclusively in the courts of Spain or in the courts of Madrid, although we retain the right to file a claim, action or proceeding. against Licensee for breach of this License Agreement in Licensee’s country of residence or in any other relevant country. Licensee waives each and every objection to the exercise of jurisdiction over Licensee by such courts and to place in such courts to the fullest extent permitted by law.
9.10 – Arbitration
IN THE SOLE DISCRETION OF BEAUTIFUL PATTERN BP DESIGNS, EXCEPT TO THE EXTENT PROHIBITED BY LAW, BEAUTIFUL PATTERN BP DESIGNS MAY REQUIRE THAT THE LICENSEE PRESENT ANY DISPUTE, FROM WHICH THE LICENSED ASSETS AND THIS IS AVAILABLE LIMITATION, EXCHANGE OF DISPUTE. , VIOLATION, INVALIDITY, NON-PERFORMANCE OR TERMINATION, AT THE FINAL AND BINDING ARBITRATION UNDER THE ARBITRATION RULES OF SPAIN.
9.11 – Waiver and Severability
No waiver by Beautiful Pattern BP Designs of any term or condition set forth in this License Agreement shall be deemed an additional or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Beautiful Pattern BP Designs to assert a right or provision under this License Agreement will not constitute a waiver of such right or provision.
9.12 – Entire Agreement
9.13 – Notices
All notices to be sent to Beautiful Pattern BP Designs under this License Agreement must be emailed to beatriz@Beautifulpattern.com All notices to Licensee will be emailed to the address provided by Licensee during the creation or purchase of the account.
9.14 – Modifications
Beautiful Pattern BP Designs may modify this License Agreement by posting an updated version on the Beautiful Pattern BP Designs website. The current version of the License Agreement published at the time of purchase will apply to purchases (even if the Licensed Asset is downloaded after updating the License Agreement). Updated versions of the License Agreement will not apply retroactively to previous purchases unless (1) Licensee is notified of its option to apply the updated terms to previous purchases and expressly agrees (for example, by clicking “Accept” ) or (2) such amendment (i) does not adversely affect any Licensee’s rights and (ii) Beautiful Pattern BP Designs notifies Licensee of the changes and they will be applied retroactively (for example, by email to the address at archive).
9.15 – Interpretation
Unless the context requires otherwise, anywhere in this License Agreement: (i) “including” (and any of its derived forms, for example, “includes”), “for example” and “by example “means” including but not limited to “; and (ii) the use of the singular matters the plural and vice versa. This License Agreement will not be construed against the writing party.