Single User License Agreement

This is a license agreement (“License”) between the Licensee and Gloria Riley (Wunderzart; “Licensor”, “I” or “my”) which explains how the Licensee can use my graphics/art/patterns (“Resources”) under Gloria Riley’s licenses. By downloading content from wunderzart.com, the Licensee accepts the terms of this agreement.

All resources by Gloria Riley are protected by Belgian copyright laws and treaties as well as international copyright law. Gloria Riley (Wunderzart) owns all rights, including the copyrights to the Resources. The Licensee’s rights to use the Resources are subject to the terms stated below, and are conditional upon the Licensee making payment to Gloria Riley for the usage rights of the Resources. Gloria Riley reserves the right to make any changes to these Terms and license at any time.

The Licensee acknowledges that all intellectual property rights in the Resources anywhere in the world belong to the Gloria Riley, that rights in the Resources are licensed (not sold) to the Licensee, and that the Licensee has no rights in, or to, the Resources other than the right to use them in accordance with the terms of this License

IMPORTANT NOTICE FOR EVERYONE:

By purchasing any resources or assets the Licensee agrees to be bound to the terms and conditions of this license.
If the Licensee does not agree to the terms of this license, I will not license the Resources to the Licensee and the Licensee must discontinue the use of the Resources.
By purchasing the right to use the Resources the Licensee hereby consents to immediate performance of the contract and acknowledges that the Licensee will lose their right of withdrawal from the contract once the Licensee has purchased and received their order.
The Licensor does not sell the ownership of the Resources. The ownership and copyright remain at all times with Gloria Riley. The Licensee’s use of the Resources is at all times subject to the terms of this License.
If the Licensee does not agree to the terms of this license, Gloria Riley will not license the Resources to the Licensee and the Licensee must discontinue the use of the Resources.

END USERS LICENSE AGREEMENT: STANDARD, EXTENDED AND ENHANCED LICENSE

Gloria Riley is the content creator. Lemon Squeezy and/or Fourthwall (“Content Provider”) grant the buyer (Licensee) a non-exclusive, non-transferable, worldwide right to use the Resources in the following ways (see Restrictions below for what is not permitted):

End Product

The Licensee may use a purchased Resource in a new End Product only if the End Product meets the following requirements:

Under the current Standard license and Extended Licenses the Licensee is NOT able to use any Resource on its own, but required to use them as part of a wider original design. The Licensee must create an Original Design by combining the Resources with other creative elements and use them within a wider, unique design to form something new and original. The Licensee must ensure that the Resources are not the primary focus of the Design or End Product. The End Product must be considerably different from the original Resource.
End Products must not be used or sold in a way that is directly competitive with the original Resource the Licensee purchased. End Products must not redistribute the original Resource to any third parties.
The Licensee may use the Resources in multiple commercial Projects.
The lifetime sales of the End Products for Sale or offered for free may not exceed 5 000 units. If a Standard Licensed Resource is purchased and used to create an End Product for Sale of which the sales exceed 5 000 units, either another Standard license or an Extended license must be purchased.
Patterns licensed under the Graphics license may not be used as is. Acceptable uses are as backgrounds that form part of a wider design; as an overlay; or to encompass a specific area within the Licensee’s Original Design.
The Licensee and/or their client are allowed to sell or charge any type of fee for an End Product to one or more people, but ensuring that no third party is able to extract the original resource in any way.
The Licensee may alter the Resource or combine the Resource with other content to make derivative work from it. Gloria Riley will retain all rights, title, and ownership in the Resource, and therefore the resulting by-product is subject to the terms of this Graphics License, including Restrictions set out in Section 2.
Digital End Products must be flattened and must not be offered as layered or editable files. This includes but is not limited to layered psd, pdf, ai files. Files must also not be offered as png files with transparent backgrounds under any circumstances. To deter extraction, overlap items, use backgrounds and/or combine the Resource with other design elements to achieve a “baked in” effect.

Restrictions

The Licensee may not:

Make public, gift, transfer, sub-license, 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 if the file is offered for free. The Licensee agrees to take all commercially reasonable steps to prevent third parties from accessing and/or duplicating the Resources. The Licensee is not permitted to upload the Resource on a website with a resolution that is over and above the display resolution of the device it is intended to be used on. Doing so will be considered as an attempt to redistribute the Resource. If the Licensee becomes aware of any unauthorised duplication or access of any of the Resources please notify Gloria Riley via email.
Allow anyone, other than the Licensee, such as an end user to customise a digital or physical end product, whether for Commercial use or Non-commercial use. It is prohibited that any user other than the Licensee has access to the assets whereby they can 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” application.
Imply or claim that the Licensee is the author of the artwork. Even if changes have been made to the original Resource, the Licensee is not entitled to claim the Resource as their own work. If the Licensee uses the graphics for editorial purposes (print, web or television) the Licensee has to include the credit adjacent to the product: Gloria Riley / www.wunderzart.com
Make resources available on a digital asset management system, shared drive or similar where any third party has access.
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.
May not resell Resources as digital stock images/downloads or resell work created from my Resources in a way that is seen to compete directly with the original product creator. E.g.: Downloading an illustration pack, combining the illustrations to create a new illustration and reselling this as a downloadable stock image/clipart image.
May not resell anything where the original Resource can be extracted. Included but not limited to the following:
- Digital stickers
- Website template
- A logo template, where the Resources are used in a stand-alone
- Ebooks, or downloadable publications
- Alphabets, any type of letters, stickers, stamps, die-cut or stencil products.
Register as a trademark the Resource or the end product incorporating the Resource – not even logos. If the Licensee uses the Resource to create a logo for the Licensee themself 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

The Licensee acknowledges that the Resources have not been developed to meet the Licensee’s individual requirements, and that it is therefore the Licensee’s responsibility to ensure that the facilities and functions of the Resources meet the Licensee’s requirements.
The Licensee 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.
Gloria Riley will not be liable or responsible for any failure to perform, or delay in performance of, any of my obligations under this license 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.
The Licensee may not transfer the Licensee’s rights or the Licensee’s obligations under this license to another person or business without my express written consent.
Each of the conditions 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 the Licensee 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 the Licensee 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 License, its subject matter and its formation, are governed by Belgian Copyright law, International Copyright Law and the Universal Copyright Convention.

Extended License

If the Licensee purchases an Extended License, the following terms apply:

The Extended license allows the Licensee to use Items in any manner permitted under the Standard License, and pursuant to the obligations and restrictions therein; and
In addition, the Licensee may use Resources purchased under the Extended 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.

Enhanced License

If the Licensee purchase an Enhanced license (applicable to Graphic Resources, Photography and Pattern designs only), the following terms apply:

The Enhanced license allows the Licensee to use Graphics and Patterns in any manner permitted under the Standard License, and pursuant to the obligations and restrictions therein; and
In addition, the Licensee may use Graphics and Patterns purchased under the Enhanced license to create physical End Products for Sale*, in which the End Product for Sale may be sold an unlimited number of times; and
The Licensee may use Graphics and Patterns purchased under the Enhanced 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. However, any resale/sublicense of the Licensed Resource in source file form or otherwise competitive with the original Licensed Resource is prohibited.
Creating digital End Products is not permitted under the Enhanced License.

Termination

Gloria Riley may terminate this license immediately by written notice to the Licensee if the Licensee commits a material or persistent breach of this license which they fail to remedy (if remediable) within 14 days after the service of written notice requiring the Licensee to do so.
Upon termination for any reason:
1. All rights granted to the Licensee under this license shall cease;
2. The Licensee must immediately cease all activities authorised by this License;
3. The Licensee must immediately pay to me any sums due to me under this License; and
4. The Licensee must immediately delete or remove the Resources from all computer equipment in the Licensee’s possession, and immediately destroy any tangible copies of the Resources then in the Licensee’s possession, custody or control and, in the case of destruction, certify to me that the Licensee have done so.

If you are unsure of anything or have any questions relating to the license agreements, please feel free to contact me.