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License Terms
The following License Terms together with the Creative Market Terms of Service ("TOS") as the same may be amended or updated from time to time (collectively the ÒAgreementÓ) constitute an agreement between you (ÒBuyerÓ or ÒyouÓ), the seller (ÒShop OwnerÓ) and Creative Market Labs, Inc. and/or any of its affiliates (collectively ÒCMLIÓ), setting forth the rights and obligations with respect to the digital content (ÒItemsÓ) licensed by you. Any terms not defined herein shall have the definition set forth in the TOS. Please review the Agreement before you purchase any Items.
All Items available on creativemarket.com are protected by United States and international copyright laws and treaties. As between you and the Shop Owner, the Shop Owner retains ownership of the Items, but grants to you certain rights to use the Items on the following terms. All other rights are expressly reserved by the Shop Owner.
Shop Owner hereby grants you a non-exclusive, non-transferable right to use, modify and reproduce the Item worldwide, in perpetuity, as expressly permitted by the license herein and subject to the terms set forth herein:
Standard License
You may use the Item to create one single end product (personal or commercial) for yourself or for one client, as long as the end product will be distributed for free.
As an exception to the single end product limit, you may use Installable Items in multiple end products, as long as such Items are only installed on a single computer.
ÒInstallable ItemsÓ include:
Fonts
Add-Ons
You may distribute as many copies of the end product as you like, as long as the copies are not offered for sale.
You may modify or manipulate the Item, or incorporate it into other content and make a derivative work from it. As between you and the Shop Owner, the Shop Owner will retain all right, title and ownership in the Item, and the resulting derivative work is subject to the terms of this Standard License.
You may use the Item in a new end product so long as it is not used alone, but instead as elements or parts of a new design (regardless of how much the item has been modified or how much of the new design it makes up).
You may not sublicense, resell, share, transfer, or otherwise redistribute the Item on its own (e.g. as stock, in a tool or template, with source files, and/or not incorporated into an end product) under any circumstances, not even for free.
You may not sell the end product, or sell access to the end product. This does not prevent you from charging a single client for your services to create the end product, in which case the client will be bound by the terms of this license, preventing them from selling the end product. If you or your client wants to sell the end product, you or they must purchase an Extended License.
You may not make the Item 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.
You may not publicly display the Item: (a) as a standalone file in any digital format on the internet; or (b) in any digital format without imposing technical or written restrictions to prevent the unauthorized use of the Item by third parties. You agree to take all commercially reasonable steps to prevent third parties from accessing and/or duplicating the Item. If you become aware of any unauthorized duplication of any Item please notify us via email at copyrightagent@autodesk.com.
You may not use any Item in a way that violates the Agreement including, without limitation, in a manner that infringes any third party's trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition. Items that contain digital images of real products, trademarks or other intellectual property owned by third parties may require clearance from the rights owner. It is your responsibility to consider whether your use of these Items requires a clearance and if so, to obtain that clearance from the rights owner.
You may not register as a trademark the Item or the end product incorporating the Item Ð 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.
You may not use any Item if that use could result in a third partyÕs claim that it acquired rights in the Item that are contrary to this license. Upon the Shop OwnerÕs request, you shall immediately remove the Item from any unauthorized location or use, including an unauthorized social media platform or website.
You may not falsely represent, expressly or by way of reasonable implication, that any Item was created by you or a person other than the copyright holder(s) of that Item.
Extended License
If you purchase an Extended License, the following terms apply:
This Extended License allows you to use Items in any manner permitted under the Standard License, and pursuant to the obligations and restrictions therein; and
You may also use Items to create end products that are intended to be sold. For purposes of this Extended License, ÒsoldÓ means you plan to sell, license, sub-license or distribute the end product for any type of fee or charge.
Miscellaneous
Portions of some Items may be governed by an open source software license such as the GPL (GNU General Public License). In these cases, any portions of Item not governed by an open source license will be covered by this license. You will have to review the terms of the applicable open source license to determine the requirements applicable to those portions of the Item.
If you breach any of the terms of the Agreement, the license can be terminated, in addition to Shop OwnerÕs and CMLIÕs other rights at law and/or equity. If that happens, you must stop making copies of or distributing the end product until you remove the Item from it. CMLI shall be under no obligation to refund any fees paid by you in the event that your account is terminated by reason of a breach.
If you create the end product for a client, your client must comply with these License Terms.
This Agreement constitutes the entire agreement between you and the Shop Owner, and you and CMLI, concerning your use of the Item. If any provision of the Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of that part of the Agreement shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect. If there is an inconsistency between the terms of the License Terms and the TOS, the License Terms will apply to the extent necessary to resolve the inconsistency.
The Shop OwnerÕs or CMLIÕs failure to assert any right or provision under this License shall not constitute a waiver of such right or provision.
All Items are provided "as is" without warranty of any kind, either express or implied, including, but not limited to the implied warranties of non-infringement, merchantability, or fitness for a particular purpose.
CMLI and Shop Owner do not warrant that the Item, Creative Market websites, or other materials or services ("Creative Market Products & Services") will meet your requirements or that use will be uninterrupted or error free. The entire risk as to the quality, performance and use of the Creative Market Products & Services is solely with you. |