Licensing Agreement

updates January 31, 2019

The following License Terms, which may be amended or updated from time to time (collectively the “Agreement”) constitute an agreement between you (“Buyer” or “you”), and Misty Anderson Designs (Shop Owner), setting forth the rights and obligations with respect to the digital content (“Items”) licensed by you. Please review the Agreement before you purchase any Items. All Items available on https://shop.mistyandersondesigns.com are protected by the 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:

Overview of Licensing

 

Items purchased under our Personal License may be used only for “personal use” wherein the design is not reproduced or sold as an end product. This is the standard license when purchasing through our online store at https:/shop.mistyandersondesigns.com

Item purchased under our Limited Commercial License may be used to create end products for sale where lifetime sales of the End Products do not exceed 800 units.

Items purchased under our Extended Commercial License may be used to create End Product for Sale that may be sold an unlimited number of times.

Please contact Misty Anderson Designs to inquire about the pricing for our Limited and Extended Commercial Licenses.

Personal License

Limited Commercial License

Extended Commercial License

Personal Use

Commercial  Use

End Product For Sale

Unlimited

Unlimited

1 Project

1 Project, Up to 500 Sales

Unlimited

1 Project

1 Project, Unlimted Sales

 

Personal License Details

 

Items purchased under the personal license are for non-sale use only. A business or organization may use the item for internal use only and may not offer items for sale to end users. 

 

Limited Commercial License Details

 

You may use a purchased Item in a new End Products as long as the End Product meets the following requirements.
End Products must be significantly different than the original Item and require time, effort, and skill to produce. End Products must not be used or sold in a way that is directly competitive with the original Item you purchased. End Products must not redistribute the original Item to any third parties in a manner that allows for the extraction of the original Item

A purchased Item may be used in one Project. 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. However, all purchased Items may be used in an unlimited number of Personal Use Projects.

Under the Limited Commercial License, you may use purchased Items to create End Products for Sale where lifetime sales of the End Product for Sale do not exceed 500 units. If a Limited Commercial Licensed Item is purchased and used to create an End Product for Sale of which the sales exceed 500 units, an Extended Commerical License 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.

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 that one person. For purposes of this license, “intend to sell” means you plan to sell, license, sub-license, or distribute the End Product for any type of fee or charge.

You may not sublicense, resell, share, transfer, or otherwise redistribute the Item (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 make the Item available on a digital management system, shared drive, or similar 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 use purchased Items for broadcast uses up to 10,000 views or viewers in a given month such as TV, films, streaming video, on-demand broadcasts, and/or online videos. For anything over 10,000 monthly views or viewers, contact the Shop Owner directly in order to inquire about further rights options.

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 support@mistyandersondesigns.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 items, 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 – 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 party’s claim that it acquired rights in the Item that are contrary to this license. Upon the Shop Owner’s 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.

You may not use Item(s) containing models and/or property 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.

 

Extended Commercial License Details

 

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 purchased under the Extended License to create End Products for Sale, in which the End Product for Sale may be sold an unlimited number of times.

 

 

This Agreement constitutes the entire agreement between you and the Shop Owner, 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 Owner’s  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.

The Shop Owner does not warrant that the Item, Misty Anderson Designs Shop, or other materials or 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 Items in the Misty Anderson Designs Shop is solely with you.

Please email, hello@mistyandersondesigns.com 

to inquire about our licensing opportunities

© Copyright 2017-2019 Misty Anderson Designs

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