Digital Art License Agreement
Please read this Agreement before purchasing, downloading and/or using the vector art. Any of these actions shall indicate your express agreement to these terms and conditions. The Font Software licensed under this Agreement is licensed by TRÜF LLC (dba MESSYMOD) as agent for the Designer/Author of the Font Software ("Author").
THIS IS A BINDING LEGAL AGREEMENT
regarding the Art files and the design(s) of the art embodied within that you are downloading or purchasing from TRÜF LLC, for yourself, your company, your employer, or other principal (hereafter collectively referred to as “you”). If you refuse to accept a contractual obligation through this license agreement, you are not permitted to access, download, or use the vector Art.
The TL;DR:
The Standard License allows you to create a ton of stuff that is NOT for sale.
Like advertisement designs and graphics for online or mobile use, newspapers, magazines, and/or other printed or digital materials with the exception of any items that are for sale. In-house multimedia, interactive and video presentations are okay. Printed PROMOTIONAL media that is NOT FOR SALE is okay. This includes product packaging, catalogues, brochures, seasonal greeting cards, post cards, flyers, and posters. Designs used for physical media including CDs, CD packaging, DVDs, DVD packaging, printed books, book covers, commercial films, movies, and theatrical presentations. newspapers, editorials, and newsletters.
The Extended License includes all of the above PLUS stuff for sale:
Creating products FOR SALE. This includes, but is not limited to, prints, posters, calendars, stationery, clothing, t-shirts, hats, video games and electronic design templates. This includes, but is not limited to, website templates, application templates, business cards, brochures, greeting cards, etc. Installation on more than two (2) personal, portable or business computers/workstations. You may use the Art as a logo but reselling of logos is not permitted.
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1. Grant of License
This license to use the digital art is non-exclusive, terminable and non-transferable and the use of the digital art must be in accordance with the following terms and conditions.
The Art licensed under this Agreement is supplied to you by messymod.com for USAGE ONLY, and remains the intellectual property of the designer(s) of the Art. Messymod.com and/or the designer(s) reserve all rights not expressly granted to you under this Agreement. Upon receipt by messymod.com of all applicable fees, and subject to your compliance with all of the terms and conditions of this Agreement, you are granted a non-exclusive, terminable and non-transferable license to use the Art in accordance with the following terms and conditions. You may not exceed the scope of this license. If you have negotiated and agreed to any additional terms and conditions, those must be in writing and signed or sent by messymod.com, and must incorporate this Agreement by reference.
2. Permitted Installations and Uses
The Art may be installed on not more than two (2) devices, such as desktop or laptop computer workstations, notebooks, netbooks, tablets, and/or smartphones. If the Art will be installed on more than two (2) devices, an Extended license must be purchased (see Section 5 for more detail). If you are a company purchasing a Multi-User Extension for your employees, your employees may use the Art anywhere in the world, subject to the terms of this Agreement. You must notify all employees of the terms and conditions of this Agreement and you are responsible for all actions of the employees.
2.1 DESIGN USES: Use of the Art in the creation of design works for your personal use is permitted. If you design or create works for third parties, such as clients, you are considered a “Designer” and you may use the Art to design or create such works for those third parties, provided that the use by those third parties is subject to the obligations and restrictions (but none of the privileges of the Art license) in this Agreement as if those third parties were you, and provided that you notify those third parties of those obligations and restrictions in writing. You may not allow any third party to use your copy of the Art. You may not send or transfer the Art, or any copy of the Art, to any third party. You may use the Art to print multiple copies of products, including clothing, packaging, posters, coffee mugs or similar commercial products, provided you do not exceed the 250,000 instance limit as defined in section 5 below or violate any of the other restrictions in this Agreement. Other restrictions to the use of the Art are also set forth in those sections.
2.2 ONE STOCK-ART BACK-UP: You are permitted to keep a single backup copy of licensed Art in the cloud, locally on a desktop, laptop or mobile device, or on a studio server. You must be the only party who maintains or has access to this backup copy. The Art may not be sub-licensed, sold, leased, rented, lent, or given away to any other person or entity.
2.3 SERVICE PROVIDERS: In the event that you require the services of a service provider, such as a commercial printer, you are permitted to transfer a single copy of the required Art to that specific service provider. Upon completion of your job, the service provider must delete the Art or purchase their own license. It is your responsibility to inform the service provider about this requirement. Allowing use of the Art by any third party in ANY OTHER CIRCUMSTANCE is prohibited.
3. Refunds:
The Stock Art may be exchanged only if defective. If you wish to claim a refund you must (a) certify that no copy of the Stock Art remains in your possession or control and (b) provide proof of a valid sale and a valid sales receipt from messymod.com, and (c) provide other information requested by messymod.com to support your claim. All claims for a refund must be made within one (1) week of purchase.
4. Limited Embedding
You are permitted to embed or otherwise include the Art within a PDF, PowerPoint, Word or similar-type electronic document, distributed physically or online for personal or commercial use ONLY IF: A) the document is not for sale, resale or mass-market distribution of any kind; AND B) the online use is not a redistribution of usable versions of the Art; AND C) the distribution of the document is restricted to fewer than 250,000 instances. If documents containing embedded copies of the Art will be sold, an Extended License (see Section 5.2 for more detail) must be purchased.
5. Restrictions
You may not use the Art to create a trademark/logo for a brand without altering it in some way--it’s already copyrighted as is. (For example, you could purchase a license for an insect, but you’d have to put a circle around it or modify it before you start “Insect Clothing, Inc.™”) You may not use the Art in "print-on-demand" products and/or services including, but not limited to, physical goods for retail sale such as T-shirts, greeting cards, mugs, postage stamps, stickers, post cards, business cards, invitations on a customized, per order basis for retail sale such as by way of, but not limited to, Café Press, Zazzle, or other similar services. If you need that kind of flexibility, please purchase an Extended License.
You may NOT use the Art to train AI (Artificial Intelligence) in any way, shape or form.
You may not use the Art in pornographic, fraudulent, obscene, immoral, infringing, illegal, blasphemous or defamatory material. You may not sell, sublicense, distribute or otherwise grant rights of any kind. You may not make the Art available to others in any way, including as a downloadable file, an email attachment, MMS message or via any other electronic method that exists now or in the future. You may not modify, adapt, translate, rent, lease, resell, distribute, produce, reverse engineer, decompile, disassemble, re-digitize or create derivative works based on the Art that you then make available as editable files.
6. Other Restrictions and License Extensions
Use of the Art is not permitted in the following circumstances without purchasing an Extended License. Any descriptions provided herein are intended only as specific examples for your convenience and are not a limitation of any restrictions. If you have questions regarding your needs and the applicable extension required, please contact us.
6.1 MULTI-USER: If the Art will be installed on more than two (2) devices, an Extended License must be purchased.
6.2 ITEMS FOR RESALE: If the Art will be used for any items that are for sale, an Extended License must be purchased. This includes, but is not limited to, physical media including CDs, CD packaging, DVDs, DVD packaging, printed books, book covers, commercial films, movies, and theatrical presentations, editorial media including printed magazines, newspapers, editorials, and newsletters, prints, posters, calendars, stationery, clothing, t-shirts, hats, video games, website templates, application templates, business cards, brochures, greeting cards, etc.
6.3 LARGE VOLUME COMMERCIAL EXTENSION: If the Art is used to create more than 250,000 instances of use, an Extended License must be purchased. This applies to more than 250,000 instances of either print or digital A) products, documents, promotional campaigns and/or related materials; B) advertising campaigns and/or related materials; or C) product packaging and/or related materials. This includes, but is not limited to, interior/exterior signs, billboards and/or electronic billboards, product packages, social media posts, gas pump displays, CDs, DVDs, films, video games, coupons, media cases, book covers, music videos, television commercials, streaming videos etc.
7. Rights Reserved
The Art is licensed—not sold—to you by messymod.com, and is licensed for use in accordance with the terms of this Agreement. As a licensee, your ownership of the media and/or device on which the Art is recorded, if any, is distinct from and does not grant any right, title or interest in and to the design of the Art itself. All copies of the Art downloaded or installed, including copies of any Art that accompany this document either as part of a downloaded file or on recorded media, such as, but not limited to, magnetic or optical media, remain the exclusive property of messymod.com and TRÜF LLC. The Art and the design embodied therein are the exclusive property of messymod.com and TRÜF LLC and are protected under both domestic and international copyright, trademark and unfair competition laws. The various names of the Art and the design within the Art are the trademarks of messymod.com and TRÜF LLC. All other trademarks are the property of their respective owners, and may be registered in the United States or other jurisdictions. Except as stated herein, this Agreement does not grant you any rights to trademark or any other intellectual property rights in the Art.
8. Design Credit
If your use of the Art is within a format where credits are displayed, for example a movie or television show, or an awards ceremony, or printed production credits, etc., you agree to credit messymod.com in the following manner: (Art Name) © messymod.com (This type of credit is ONLY required where credits are shown as part of the format. You would not need to add a credit on a product package, for example.)
9. Termination
Any breach of the terms of this Agreement shall be cause for termination of this License. In the event of termination, and without limitation of any remedies under law and equity, you agree to immediately return or destroy the Art, at the discretion of messymod.com, and certify that no copy remains in your possession or control.
10. Compliance with Laws
You shall be responsible for your compliance with all laws relating to the control of exports or the transfer of technology in connection with any use and distribution of the Art. The Art and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the government, governmental authorities, its employees or vendors may be subject to restrictions set forth in federal law and regulations. If applicable, you hereby agree to familiarize yourself and adhere to any applicable rule, regulation or statute that may apply.
11. Revocation of Warranties
SUBJECT TO THE REPRESENTATIONS AND WARRANTIES STATED HEREIN, THE ART IS PROVIDED "AS IS" AND WITHOUT FIDUCIARY OBLIGATION TO YOU AND OTHER WARRANTIES OF ANY KIND. MESSYMOD.COM HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MESSYMOD.COM DOES NOT WARRANT THAT THE OPERATION OF THE ART WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE ART IS WITHOUT DEFECTS. THE ART IS NOT INTENDED AND WAS NOT DESIGNED OR MANUFACTURED FOR USE IN ANY CIRCUMSTANCES WHERE THE FAILURE OF THE ART COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. THE ART IS NOT FAULT TOLERANT AND IS NOT INTENDED FOR USE IN THE CONTROL OR OPERATION OF DEVICES OR EQUIPMENT FOR MANUFACTURING, OR FOR USE IN NAVIGATIONAL DEVICES. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
12. Limit of Liability
IN NO EVENT WILL MESSYMOD.COM or TRÜF LLC BE LIABLE TO YOU FOR CONSEQUENTIAL OR INCIDENTAL DAMAGE (INCLUDING DAMAGE FROM LOSS OF BUSINESS PROFITS OR SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) OR FOR CLAIM BY ANY PARTY ARISING OUT OF THE USE OF OR INABILITY TO USE THE ART, EVEN IF MESSYMOD.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES, SUBJECT TO THE CONDITIONS NOTED HEREIN, SHALL MESSYMOD.COM’S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE REPLACEMENT COST OF THE ART OR THE PROVISION OF SUBSTITUTE SOFTWARE, AT THE SOLE DISCRETION OF MESSYMOD.COM. THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
13. Indemnification
You agree to defend, indemnify and hold messymod.com and TRÜF LLC’s suppliers including any designers of the Art harmless from and against any losses, damages, expenses, and costs, including reasonable attorneys’ fees, from any claim by a third party arising from or related to your breach of this Agreement or your act, error, or omission.
14. Governing Law
This Agreement will be governed by the laws of the State of California (USA) as applies to contracts entered into and wholly performed therein without application of its conflict of law provisions or the conflict of law provisions of any other jurisdiction. You hereby expressly consent to the personal jurisdiction of the local, state or federal courts within California selected by messmyod.com or TRÜF LLC for the hearing or resolution of any dispute or action arising out of or related to this License and you hereby further expressly waive any jurisdiction or venue defenses and agree to services of process by certified mail return receipt requested. All remedies are cumulative and not exclusive.
15. General
You acknowledge that you have read this agreement and understand it and that by using the Art, you will be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between messymod.com and you which supersedes any proposal or prior agreement, oral or written, and any other communications between any other party relating to the subject matter of this Agreement. No variation of the terms of this agreement or any different terms will be enforceable against messymod unless messymod gives its express written consent. If any provision of this agreement is held void or unenforceable, that provision will be enforced to the maximum extent possible and the remaining provisions of this agreement will remain in full force and effect. In the event any collection or enforcement effort or any legal action is instituted by messymod to interpret or enforce this Agreement, you will be responsible for paying reasonable attorneys’ fees incurred by messymod. If you are a Designer and messymod brings any enforcement effort or legal action against any third party for whom you work, arising from your obligations in this Agreement or the violation by that third party of any applicable restrictions or obligations in this Agreement, you will be responsible for paying reasonable attorneys’ fees incurred by messymod. This Agreement will not be construed against any party by reason of the drafting or preparation hereof. TRÜF LLC (dba Messymod) expressly reserves the right to amend or modify this Agreement at any time and without prior notification.
Should you desire any additional use that is not mentioned within this Agreement, feel free to contact us.