License agreement Yulia Derbisheva shop

This License Agreement (License) is a legal agreement between Yulia Derbisheva (Licensor, I or my in text) and you (Licensee or you in text) regarding the purchase, download, installation and use of graphics, add-ons and fonts (Artwork).

All Artwork by Yulia Derbisheva is protected by the laws and treaties of Georgia on copyright, as well as international copyright law. Your rights to use Artwork begin after making a payment to Yulia Derbisheva for the rights to use Artwork through the PayPal payment system. Yulia Derbisheva reserves the right to make changes to these Terms and Licenses.

Buying Artwork on yuliaderbisheva.com, you acknowledge that all intellectual property rights to these Artworks anywhere in the world belong to Yulia Derbisheva, that the rights to the Artwork are licensed (not sold or transferred) to you, and that you have no rights to the Artwork other than the right to use them in accordance with the terms of this license.

By acquiring the right to use Artwork, you agree to comply with the terms and conditions of this license. The terms of this license include, in particular, limitations of liability.

If you do not agree to the terms of this license, you must immediately stop using Artwork.

Acquiring the right to use Artwork on yuliaderbisheva.com, you hereby agree to the immediate performance of the contract and acknowledge that you will lose your right to terminate the contract as soon as the download or streaming of digital content begins.

You can use the purchased Artwork in a new End Product, provided that the End Product meets the following requirements:

The End Products must differ significantly from the original Artwork. You should combine Artwork with other creative elements to ensure that licensed Artwork is used to form your new original unique design. Original design is something that you spend time, effort and skills creating, ensuring that Artwork is not the main commercial value of the design or the End Product. Keep in mind that simply adding text to a frame template, for example, is not an original design. The End Products should not be used or sold in a way that directly competes with the original Artwork you purchased. The End Products should not transfer the original Artwork to any third parties, and should not be used in such a way that the Artwork can be extracted from the End Product. The End Product for sale can be either a digital design or a physical product that you or your client intend to sell to more than one person for any fee.
The lifetime sales volume of the End Artwork put up for sale cannot exceed 5000 units. If you have purchased a Standard Commercial License for Artwork and it is used to create a End Product with sales exceeding 5000 units, you must purchase an Extended License.
Templates licensed under a Standard Commercial License cannot be used separately. They can be used as a background that is part of your new unique design; as an overlay; or to fill in a specific area in your new original design.

You can modify Artwork or include it in other content and create a new derivative work based on it. As between you and Yulia Derbisheva, Yulia Derbisheva will retain all rights, title and ownership of Artwork, and the resulting derivative work is subject to the terms of this Graphics License, including restrictions.

The End Product must be a unique implementation of Artwork. For example, you can purchase a font and use it to create a unique text design, but you should not distribute the font source files.
You can use fonts and add-ons in several commercial projects and sell the End Product in unlimited quantities.
Add-ons and fonts can only be installed on devices used by the Licensee, i.e. on the Licensee's primary and secondary desktop computers and mobile devices.

You may not:

Sublicense, resell, distribute, access, share or transfer any Artwork (for example, as stock, in a tool, application or template, with source files and/or not included in the End Product) under any circumstances, even as a free product. You agree to take all steps to prevent third parties from accessing Artwork and/or duplicating and distributing it. If you become aware of any unauthorized duplication or access to any of the resources, please let me know by email.
Allow any person other than the Licensee, such as an End user, to customize a digital or physical End Product, whether for commercial or non-commercial use. It is prohibited for any user other than the Licensee to have access to assets with which he can select elements or create his own end result. This includes, but is not limited to, print-on-demand, made-to-order, or download-on-demand applications.
Imply or claim that you are the author of a work of art, even if you have made changes. Copyright is not separated from its creator (Yulia Derbisheva). If you use graphics for editorial purposes (print, Internet or TV), you must specify a link next to the product: Yulia Derbisheva / www.yuliaderbisheva.com
Provide graphics/fonts/add-ons to a third party in a digital asset management system, on a shared disk or similar for the purposes of sharing or transferring such graphics/fonts.
Resell Artwork directly or as part of another design/product where the original Artwork can be extracted in its original form in both digital and printed format.
Resell a website template that can be used to extract embedded fonts, graphics, or other resources without the customer having their original license. It is acceptable when template files are transferred to a client with the purchase of an additional license for this client.
Resell a logo template in which fonts or graphics are used separately without another elements and do not represent a unique original design. Independent use of fonts to create logos is acceptable for individual client projects and personal use, but not for templates sold en masse. End users are not allowed to provide source files, including multi-layer files or PNG files that make it easy to extract the source resource. If you need to transfer editable or multi-layer files to a client, you must purchase a separate license for this client.
Use fonts or graphics in e-books or downloadable publications with which fonts or graphics can be extracted in their original form from this document.
Use fonts or graphics to create alphabets or products related to the letter form, digital alphabets (letter design), adhesive stickers, letters for embroidery, rubber stamps, die-cut products or stencil products.
Sublicense, resell, distribute, access, share or transfer any brushes and stamps included in the brush sets. Copying and customizing brushes for repackaging and sale is prohibited. Pattern brushes and stamps cannot be used as is, but they can be used in design as part of your new unique original work.
Register Artwork or the End product containing Artwork as a trademark. Artwork you bought on yuliaderbisheva.com , is not your exclusive Artwork, so other people can create a similar logo from Artwork collections.

You acknowledge that Artwork has not been designed to meet your individual requirements, and therefore you are responsible for ensuring that the tools and functions of Artwork meet your requirements.

You have no right to use Artwork in a way that is illegal, harmful, offensive, racially or ethnically offensive, defamatory, misleading, violating the rights to privacy or publicity, harassing, humiliating other people (publicly or otherwise), defamatory, obscene, threatening, propagandizing racism, bigotry, hatred or causing physical harm of any kind against any group or individual or otherwise reprehensible.

Yulia Derbisheva is not responsible for any non-fulfillment or delay in the fulfillment of any of my obligations under this License caused by any action or event beyond my control, including, but not limited to, a failure in the operation of public or private telecommunications networks.

I do not guarantee that the operation of Resources will be uninterrupted or error-free.

You have no right to transfer your rights or obligations under this License to another person or company without my written consent.

Each of the terms of this license is valid separately. If any court or competent authority decides that any of them is illegal or unenforceable, the remaining conditions will remain in full force.

Under no circumstances will I be liable to you or any third party for any special, indirect or incidental damages, including lost profits, savings or business interruption as a result of a product defect.

Under no circumstances will I be liable to you or any third party for any events that are beyond my control – this includes, but is not limited to, industrial strikes, natural disasters, terrorism, civil unrest or any other event that can be determined as force majeure.

This license, its subject matter and the procedure for registration are governed by Georgia copyright law, the Berne Convention and the Universal Copyright Convention.

If you purchase an extended license, the following conditions apply:

The Extended Commercial License allows you to use Artwork in any way permitted by the Commercial License and in accordance with the obligations and restrictions contained therein; and

In addition, you can use Artwork purchased under an Extended License to create physical end products for sale with a sales volume for the entire period of no more than 250,000 units. Please contact me for a special license if the licensee needs a larger quantity for commercial use.

You can use graphics and patterns purchased under an Extended Commercial License yourself to create physical End Products for sale. Licensed Artwork may constitute the basic integrity of the physical End Product. However, any resale/sublicense of Licensed Artwork in the form of a source file or otherwise competing with the original Licensed Artwork is prohibited.

The creation of digital End Products is not permitted under the Extended Commercial License.

I may terminate this License immediately by sending you a written notice if you commit a material or permanent violation of this License that you cannot remedy within 10 days after sending a written notice requiring you to do so.

Upon termination for any reason:

All rights granted to you under this license are terminated;

You must immediately cease all activities permitted by this license;

You must immediately remove the Resources from all computer equipment at your disposal and immediately destroy any tangible copies of the Resources at your disposal, in storage or under control, and, in case of destruction, confirm to me that you have done so.

You have no right to transfer your rights or obligations under this License to another person or company without my written consent.

Each of the terms of this license is valid separately. If any court or competent authority decides that any of them is illegal or unenforceable, the remaining conditions will remain in full force.

If you are not sure about anything or you have any questions regarding the license agreements, please email me.