License Agreement

Single User license agreement

All graphics, digital stamps, patterns, fonts, add-ons from Lusi Art belong only to Lusi Art/Simona Lupscha, and are protected by Europian Union copyright laws and agreements. Lusi Art/Simona Lupscha owns all the rights, including copyright to graphics /fonts/ brushes Procreate. Your rights to use the graphics/fonts/add-ons are subject to the terms stated below, and are conditional upon you making payment to Lusi Art for the usage rights to the graphics/fonts/add-ons/digital stamps/post cards/greeting cards/and wall arts. Lusi Art (Simona Lupscha) reserves the right to make changes to these Terms of License.

This License Agreement (“License”) is a legal agreement between you (“Licensee” or “You”) and Lusi Art/Simona Lupscha (“Licensor”, “I” or “my”) for downloading, installing or using graphics/add-ons, patterns (“Resources”) and fonts.

You acknowledge that all intellectual property rights in the Resources anywhere in the world belong to Lusi Art/Simona Lupscha, that rights to Resources are licensed (not sold) to you and that you have no rights in, or to the Resources other than, the right to use them in accordance with the terms of this License Agreement.

Important notification for all users:

By purchasing the right to use the Resources, you agree to comply with the terms and conditions of this license. The terms of this license include, in particular, the limitations on liability in section 4 of this agreement.
If you do not agree to the terms of this license, I will not license the Resources to you, and you must stop using the Resources.
By purchasing the right to use Resources in any of my online stores, you hereby consent to the 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 user license agreeemnt: standard, commercial and extended art license

Lusi Art/Simona Lupscha hereby grants you a non-exclusive, non-transferable, worldwide right to use the graphics/fonts/add-ons and patterns in the following ways, subject to the limitations set out in the “Restrictions” section:

1. The final product

You can use the purchased resource in a new final product if the final product meets the following requirements: The final products must differ significantly from the original resource. You should combine Resources with other creative elements so that licensed resources are used in a broader design to form an original design. Original design is something you spend time, effort and skills on, ensuring that resources are not the core integrity of the design or the final product. The final products should not be used or sold in a way that directly competes with the original resource that you purchased. End products should not redistribute the source resource to third parties in such a way as to ensure the extraction of the source resource.
You can use the Resources for one personal social media account with non-commercial activities;
You can use the Resources in several commercial projects.
The Lifetime sales of end products for sale or offering for free cannot exceed 5,000 units. If a commercial license resource is purchased and used to create a final product for sale, the sales volume of which exceeds 5,000 units, either another Standard or Extended commercial license must be purchased.
Pattern licensed under the Graphics License may not be used stand alone. They may be used as background that form part of a wider design: as an overlay or to fill a specific area within your Original Design.
You can use the Resources for one business account in social networks and one website owned and operated by the licensee
You can use the Resources for unlimited physical advertising for local markets and digital paid advertising with unlimited impressions
Patterns licensed under a commercial and extended commercial license can be used separately as they are, without changing the finished design.
The final product for sale may be a digital design or a physical item that you and/or your client intend to sell to multiple individuals for any fee, but ensuring that no third parties will be able to extract the original resource.
You can modify or manipulate the Resource or include it in other content and make derivative work of it. In the relationship between you and Lusi Art/Simona Lupscha, Lusi Art/Simona Lupscha reserves all rights, title and ownership of the Resource, and the resulting derivative work is subject to the terms of this License Agreement, including the restrictions set out in Section 3.

For fonts and Add-ons (procreate brushes), special terms apply:

Here, an End Product must be a unique implementation of the Resource. For esample, you may purchase a font and use it to make unique word art, but you must not redistribute the original files in any way. You may use Fonts and Add-ons in multiple Commercial projects and sell unlimited quantities of the End Product. Add-ons and Fonts may only be installed on devices used by the Licensee, i.e. the Licensee’s primary and secondary destop computer and mobile device.

2. Embedding

You may embed character 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.

3. Restrictions

You can not:

Sublicense, resell, distribute, provide access, share or transfer any resources (for example, in the form of shares, in a stock, in a tool, application or template, with source files and/or not incorporated into the final End product) under any circumstances, not even for free. Uploading a resource to a website with a resolution exceeding the display resolution of the intended viewing device will be considered an attempt to redistribute graphics. You agree to take all commercially reasonable measures to prevent access and/or duplication of Resources by third parties. If you become aware of any unauthorized duplication or access to any of the Resources, please let me know via email.
Allow any person other than the Licensee, such as an end user, to customize a digital or physical end product for commercial or non-commercial use. It is prohibited for any user other than the Licensee to have access to assets with whereby they can select/choose items or create their 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 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 Lusi Art / www.lusiart.com.
Make graphics/fonts/add-ons/patterns available to a third party in a digital asset management system, shared disk or similar for the purposes of sharing or transferring such graphics(s)/font(s)/pattern(s), etc.
Resell the resource directly or as part of a broader design/product, where the original resource can be extracted in its original form in both digital and printed 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 license – this is not acceptable. This is acceptable when the template files are passed on to an individual client, although a license will be required for both yourself, and your client, to justify this.
Resell the logo template in which fonts or graphics are used in a stand alone fashion (i.e. without supporting elements and do not represent a “broader, 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. No source files are permitted to be supplied to the end users, including multi-layerd files or PNG files, that allows for easy extraction of the original resource. A license will be required for both you and your client if they need 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 font or graphics to create alphabets or letterforms related products, digital alphabets, adhesive stickers, embroidery letters, rubber stamps, die-cut products, or stencil products.
Sublicense, resell, distribute, provide access, share or transfer any graphics, patterns, brushes and stamps included in brush sets. Copying and adjusting brushes to repackage and sell is strictly prohibited. Pattern brushes and stamps may not be used as is, but can be used within a design as part of a wider creation.
Register as a trademark the Resource or a final end product incorporating the Resource – not even logos. If you use a 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 not exclusive.

4. Limitation of liability

You acknowledge that the Resources have not been designed to meet your individual requirements, and therefore you are responsible for ensuring that the Resources’ facilities and functions meet your requirements.
You have no right to use the Resources in a manner that is illegal, harmful, abusive, offensive, racially or ethnically offensive, defamatory, deceptive, misleading, violating the rights to privacy or publicity, harassing, humiliating other people (publicly or otherwise), defamatory, obscene, threatening, obscene or promoting racism, bigotry, hatred or physical harm of any kind in relation to any group or individual or in any other undesirable way.
Lusi Art/Simona Lupscha will not be liable or responsible for any failure to perform or delay in the performance of any of my obligations under this License that is caused by any act or event beyond my reasonable control, including, but not limited without limitation failure of public or private telecommunications networks.
I do not guarantee that the operation of Resources will be uninterrupted or error-free.
You may not transfer your rights or obligations under this License to another person or company without my written consent.
Each of the terms of this License 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, indirect or incidental damages, including lost profits, savings or business interruption as a result of of the item being defective.
Under no circumstances will I be liable to you or any third party for any events that are outside my reasonable control – this shall include, but not be limited to industrial action, acts of God, terrorism, civil commotion or any other event that can be defined as force majeure.
This License, its subject matter and the procedure for its formation are governed by the legislation of the European Union copyright law, the Bern Convention and the Universal Copyright Convention.
Digital goods do not imply a refund, but contact me if you have any problems with my goods

5. Extended commercial license

When purchasing an extended commercial license, the following terms apply:

The Extended License allows you to use the Resources in any manner permitted by the Standard Commercial License and in accordance with the obligations and restrictions therein;
In addition you may use Resources purchased under the Extended Commercial License to create End Products for Sale with lifetime sales not exceeding 250.000 units. Please contact me for a custom license if Licensee requires greater quantities for Commercial use.

6. Enhanced Art license

When purchasing an enhanced commercial license, the following conditions apply:

You may use the graphics, and Patterns in any manner permitted under the Standard Commercial License, and pursuant to the obligations and restrictions therein; and
In addition, you may use Graphics and Patterns purchased under the Enhanced Art License to create physical End Products for Sale, in which the End Product for Sale may be sold an unlimited number of times; and
You may use Graphics and Patterns purchased under the Enhanced Art License stand alone to create physical End Products for Sale. Licensed Resources may form the main integrity of the physical End Product and do not need to be used within a wider design.
NOT PERMITTED: resale or sublicense of the Licensed Resource in source file form or otherwise competitive with the original Licensed Resource is prohibited.
NOT PERMITTED: Creating digital End Products under the Enhanced Licence.
NOT PERMITTED: Claim ownership or copyright.

7. Refunds

You purchase a digital product, which is downloaded immediately after payment, so I do not refund money for digital products. (But I always stay in touch to help you solve possible problems with loading the goods).

8. Termination

I may terminate this License immediately by notifying you in writing if you commit a material or permanent violation of this License that you will not correct (if it is possible to correct) within 14 days after receiving 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 terminate all activities authorised and permitted by this License;
You must immediately pay me any amounts owed to me under this License;
You must immediately remove or delete 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, confirm/certify to me that you have done so.

If you are not sure about anything or you have any questions regarding the license agreements, please do not hesitate to contact me.