All graphics/fonts/patterns by Opia Designs are protected by Canadian copyright laws and treaties. Opia Designs owns all rights, including the copyrights to the graphics/fonts. Your rights to use the graphics/fonts/patterns are subject to the terms stated below, and are conditional upon you making payment to Opia Designs for the usage rights of the graphics/fonts/patterns. Opia Designs reserves the right to make changes to these Terms and Licence.
This licence agreement (“Licence”) is a legal agreement between you (“Licensee” or “you”) and Opia Designs(“Licensor”, “I” or “my”) for downloading, installing or using the graphics and fonts (“Resources”).
I do not sell the Resources to you and ownership remains at all times with me, Opia Designs. Your use of the Resources is at all times subject to the terms of this Licence.
IMPORTANT NOTICE TO ALL USERS:
- By purchasing the right to use the Resources you agree to be bound to the terms and conditions of this licence. The terms of this licence include, in particular, limitations on liability in Section 4 of the agreement herein.
- If you do not agree to the terms of this licence, I will not license the Resources to you and you must discontinue the use of the Resources.
- By purchasing the right to use the Resources from any of my online shops you hereby consent to immediate performance of the contract and acknowledge that you will lose your right of withdrawal from the contract once the download or streaming of the digital content has begun.
END USERS LICENCE AGREEMENT: GRAPHICS LICENCE
Opia Designs hereby grants you a non-exclusive, non-transferable, worldwide, right to use the graphics/fonts in the following ways, subject to the limitations set out in “Restrictions”:
You may use a purchased Resource in a new End Product as long as the End Product meets the following requirements:
- End Products must be significantly different than the original Resource. You must combine the Resources with other creative elements to form an Original Design. An Original Design would be something you put time, effort and skill to produce, ensuring the Resources are not the primary integrity of the Design or End Product, and you have combined the Resources with other original design work. End Products must not be used or sold in a way that is directly competitive with the original Resource you purchased. End Products must not redistribute the original Resource to any third parties in a manner that allows for the extraction of the original Resource.
- You may use the graphic or graphics in one commercial Project that could consist of several End Products – a Project is defined as a complete and cohesive undertaking that may result in one or more End Products. Any End Products included in the one Project must be directly related under a single concept. (An example of One Project with many End Products would be a wedding stationery suite that includes an invite, save the date, thank you note, menu, name tags, etc)
- The lifetime sales of the End Product for Sale do not exceed 500 units. If a Standard Licenced Resource is purchased and used to create an End Product for Sale of which the sales exceed 500 units, either another Standard Licence or an Extended Licence must be purchased. For End Products that are not offered for sale, you may distribute as many copies of the End Product as you like.
- Patterns licenced under the Graphics Licence may not be used stand alone. They may be used as backgrounds that form part of a wider design; as an overlay; or to fill a specific area within your Original Design.
- An End Product For Sale can be either a digital design or physical item that you and/or your client intend to sell to more than a single person for any type of fee or charge, but ensuring that no third parties are able to extract the original resource.
- You may modify or manipulate the Resource, or incorporate it into other content and make a derivative work from it. As between you and Opia Designs, Opia Designs will retain all rights, title, and ownership in the Resource, and the resulting derivative work is subject to the terms of this Graphics Licence, including Restrictions set out in Section 3.
For Fonts, special terms apply:
Here, an End Product must be a unique implementation of the Resource. For example, you may purchase a font and use it to make unique word art, but you must not redistribute the original files in any way. Fonts may only be installed on a single computer, but may be used in multiple End Products.
You may embed characters from the Resources into any document you send to third parties but such documents may be viewed and printed only (but not edited) by the recipients. You may not under any circumstances embed characters from the Resources into software or hardware products, online applications or tools in which the Resources will be used by the purchasers of such products, or from which the Resources can be extracted or transmitted.
You may not:
- Sub-licence, resell, redistribute, provide access to, share or transfer any Resources, (e.g. as stock, in a tool, app or template, with source files, and/or not incorporated into an End Product) under any circumstances, not even for free. Uploading any graphic to a web site at a resolution that exceeds the display resolution of the intended viewing device will be deemed to be an attempt to redistribute the graphic. You agree to take all commercially reasonable steps to prevent third parties from accessing and/or duplicating the Resources. If you become aware of any unauthorised duplication or access of any of the Resources please notify me via email ( email@example.com )
- Imply or claim that you are the author of the artwork, even if you have made changes. If you use the graphics for editorial purposes (print, web or tv) you have to include the credit adjacent to the product: www.isabelleopia.com
- Make graphics/fonts available to a third party on a digital asset management system, shared drive or the like for the purposes of sharing or transferring such graphic(s)/font(s).
- Resell a Resource directly, or within a wider design/product where the original Resource can be extracted in its original form in both digital and print format.
- Resell a website template whereby the embedded fonts, graphics or other Resources can be extracted. For example – web fonts, or background textures could be extracted by a new customer, without them owning this original licence – this is not acceptable. This is acceptable when the template files are passed on to an individual client, although a licence will be required for both yourself, and your client, to justify this.
- Resell a logo template, where the fonts or graphics are used in a stand alone fashion (i.e., with no supporting elements, and not constituting a ‘wider, original design’). Using fonts in a stand-alone fashion for logos is acceptable for individual client projects and personal use, but not for templates sold en-mass. No source files are permitted to be supplied to the end users, including layered files or PNG files that allows for easy extraction of the original Resource. A licence will be required for both yourself, and your client should they need the editable/layered files.
- Use fonts or graphics within ebooks, or downloadable publications whereby the fonts or graphics can be extracted in their original form from this document.
- Use fonts or graphics to create alphabets or letterform related products, digital alphabets (alphas), adhesive stickers, embroidery letters, rubber stamps, die-cut products, or stencil products.
- Register as a trademark the Resource or the end product incorporating the Resource – not even logos. If you use the Resource to create a logo for yourself or a client, keep in mind that other customers/third parties can use the same Resource, even in another logo i.e. the Resource is non-exclusive.
Limitation of Liability
- You acknowledge that the Resources has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Resources meet your requirements.
- You may not use Resources(s) in a manner that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, deceptive, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, obscene, threatening, profane, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or is otherwise objectionable.
- Opia Designs will not be liable or responsible for any failure to perform, or delay in performance of, any of my obligations under this Licence that is caused by any act or event beyond my reasonable control, including without limitation failure of public or private telecommunications networks.
- I do not warrant that the operation of the Resources will be uninterrupted or error free.
- You may not transfer your rights or your obligations under this Licence to another person or business without my express written consent.
- Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
- Under no circumstances will I be liable to you or any third party for any special, consequential or incidental damages including lost profits, savings or business interruption as a result of the item being defective.
- Under no circumstances will I be liable to you or any third party for any events that are outside the reasonable control of myself – this shall include but not be limited to industrial action, acts of God, terrorism, civil commotion or any other event that could be defined as a Force Majeure.
- This Licence, its subject matter and its formation, are governed by Canadian Copyright law, the Berne Convention and the Universal Copyright Convention.
If you purchase an Extended Licence, the following terms apply:
- The Extended Licence allows you to use Items in any manner permitted under the Standard Licence, and pursuant to the obligations and restrictions therein;
- You may use Resources in multiple commercial Projects; and
- You may also use Items purchased under the Extended Licence to create End Products for Sale, in which the End Product for Sale may be sold an unlimited number of times.
- I may terminate this Licence immediately by written notice to you if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
- Upon termination for any reason:
- All rights granted to you under this Licence shall cease;
- You must immediately cease all activities authorised by this Licence;
- You must immediately pay to me any sums due to me under this Licence; and
- You must immediately delete or remove the Resources from all computer equipment in your possession, and immediately destroy any tangible copies of the Resources then in your possession, custody or control and, in the case of destruction, certify to me that you have done so.