BEAUTIFUL PATTERN BP DESIGNS
License Agreement – Personal
Licensee : Individual
Number of users (or seats): Single user (or seat)
Commercial use: Not permitted
Non-commercial (personal) use: Permitted
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 to the terms herein, including but not limited to 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 states 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.
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.
1.2 – This is an individual license for non-commercial use (as defined below) only, and the Licensed Asset may be used and accessed (as permitted in this License Agreement) only by a single individual person, who is the Licensee indicated at the time of purchase. If multiple people work together to use the same licensed asset, then each individual must purchase a license for that licensed asset. Licensee may select multiple users (or seats) at the time of purchase only if Licensee is authorized to legally bind the other persons who will use the Licensed Asset to this License Agreement (for example, a child or a spouse) . For the use of a company, as an employer, one of the license agreements that allows commercial use is required.
2. ASSET MANAGEMENT
Licensee may only upload the Licensed Asset to (i) a personal server owned and controlled by Licensee or (ii) a private cloud storage service, a cloud-based design application, or a digital asset manager, account controlled by Licensee, in each case for use of the licensed asset by Licensee only, as permitted in this document.
3. THIS LICENSE AGREEMENT PERMITS NON-COMMERCIAL (PERSONAL) USE ONLY; COMMERCIAL USE AND NON-COMMERCIAL USE DEFINITIONS
This License Agreement allows only non-commercial use of the licensed asset, as expressly specified in Section 4 (Permitted Uses and Quantity / Printing Limitations); All commercial use is expressly prohibited.
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 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 for Non-Commercial Use
✓ Physical Products for Non-Commercial Use– Licensee may create physical end products not for resale or wholesale, such as, but not limited to, clothing, cards, invitations, stickers, mugs, stamps, candles, posters, signs, home decor, etc., only for non-commercial use.
✓ Packaging of products for non-commercial use: the licensee can create physical or digital final packaging products for non-commercial use, such as, among others, labels, stickers or containers, etc. for non-commercial use only.
✓ Digital products for non-commercial use: Licensee may create digital end products for non-commercial use, such as static designs, static website elements for non-commercial use only.
✓ Digital or printed publication for non-commercial use: Licensee may use the licensed asset in digital or printed publications, such as cards, invitations, photo albums and scrapbooks, e-books, or electronic publications, which are for non-commercial use only .
4.2 – Personal social networks for non-commercial use
✓ Personal social networks for non-commercial use: a personal or individual social media account (not on a company or company social media page) for non-commercial use.
4.3 – Streaming of moving images and audiovisual content
✓ Streaming: the transmission via Internet of moving images and audiovisuals, excluding advertisements, is allowed only for non-commercial use.
Quantity Limitations on Transmission: There is no limit on lifetime viewers for non-commercial use.
5. PROHIBITED USES (these uses may be available under a commercial or custom license, please contact Beautiful Pattern BP Designs for more information):
5.1 – End Products
✗ All end products for commercial use (including but not limited to physical products, product packaging, digital products, or digital or printed publications) are prohibited.
✗ On-demand applications (such as print-on-demand and create-on-demand services) for commercial or non-commercial use are prohibited. Any use that allows any person other than Licensee, as an end user, to personalize a digital or physical end product, whether for commercial or non-commercial use, is prohibited. This includes, but is not limited to, the “print on demand”, “on demand” or “download on demand” application.
5.2 – Social Media, Marketing and Advertisements.
Networks Social Media of the company: it is prohibited for commercial or non-commercial use.
Físicos Physical ads (print, paid or unpaid): such as billboards, signs, print ads, etc. they are prohibited for commercial or non-commercial use.
Digitales Digital ads (paid or unpaid): Internet ads such as ads published by Google Ads, Bings Ads, Facebook Ads, Linkedin Ad, etc. they are prohibited for commercial or non-commercial use.
5.3 – Transmission and transmission of moving images and audiovisual content
✗ Transmission and transmission: (a) Transmission for commercial use and (b) transmission for commercial or non-commercial use by any means, including through the network, cable, satellite, pay-per-view, video-on-demand content that includes moving images or audiovisual works incorporating the licensed asset, including advertisements, is prohibited.
5.4 – Digital Development
✗ Software Website Development, Mobile Application Development, Desktop Application Development, and Video Development Game: it is prohibited for commercial or non-commercial use.
5.5 – Trademark and copyright
✗ Trademark:Active license can not be used as part of a trademark, service mark, design mark, trade name. In no event does this License Agreement allow Licensee, and Licensee will not seek, register, protect or enforce any trademarks or similar rights in the Licensed Asset. Contact Beautiful Pattern BP Designs for a custom license if you want these rights.
✗ 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).
5.6 – 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 from harm, loss, physical or mental harm, emotional distress, death, disability, disfigurement, or physical or mental illness to you, any other person or 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 Agreement does not permit sublicensing, 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 completed End-Uses of the Licensed Assets for non-commercial uses (as expressly permitted herein) when done on behalf of Licensee, provided that Licensee shall at all times 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 breaches of any of the terms of this or any other agreement with Beautiful Pattern BP Designs, in which case Licensee must immediately: cease using the License Asset; delete or destroy any copies; and, upon request, confirm to Beautiful Pattern BP Designs in writing that Licensee has compiled 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 Withdrawal
Beautiful Pattern BP Designs may discontinue licensing 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” BASIS, 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 modification (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.