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License Agreement - Commercial

Licensee: Individual or Legal Entity (Company), as indicated at the time of purchase.

Number of Users (or Seats): The number of permitted users (or seats) is the number of users (or seats) declared and paid for at the time of purchase.

Commercial Use - Physical and Digital End Products: 10,000 Combined total Physical End Products and Digital End Products. Use in website, application, or video game is prohibited. Any use of a Licensed Asset for Commercial use must: (i) be significantly different than the original Licensed Asset, (ii) require time, effort, and skill to produce and (iii) not derive its primary value from the Licensed Asset itself. Any resale/sublicense of the Licensed Asset in source file form or otherwise competitive with the Licensed Asset is prohibited.

Commercial Use - Advertisements and Promotion: Unlimited Physical (Printed) Advertisements Within a Local Market. Use with one business social media account is permitted.

Commercial Use - Broadcast Content: 500,000 lifetime viewers

Digital Development: Website Software Development, Mobile App Development, Desktop Application Development, and Video Game Development is prohibited. (Digital Development are permitted in the Extend Commercial License)

This License Agreement states the terms and conditions of Licensee’s non-exclusive and limited copyright license with respect to the digital content (“Licensed Asset”) made available on jacksoncheng.com and jcheng-store.myshopify.com by the Shop Owner and purchased by Licensee. This License Agreement may also apply to digital content that Jackson Cheng makes available at no charge (e.g., for promotional purposes) only if expressly indicated during the initial download for that digital content.

By completing the purchase process and/or checking “agree”, Licensee has read the entire License Agreement and agrees to the terms. Jackson Cheng offers different types of license agreements and the one selected at the time of purchase applies to Licensee’s use of the Licensed Asset.

1. Parties To The License Agreement; Number Of Users (Or Seats)

1.1 - This License Agreement is an agreement between:

(a) The “Licensee” who is the individual person indicated as the licensee during the purchase process

and

(b) Solidus Ventures Pty Ltd. (“Jackson Cheng”) on behalf of the seller (“Shop Owner”) as licensor.

If you are purchasing on behalf of your employer, then only your employer is the “Licensee” and can use the Licensed Asset subject to the terms of this License Agreement; in that case you represent and warrant that you have full legal authority to bind your employer, as the Licensee, to the terms of this License Agreement.

1.2 - The number of individual users permitted to access and use the Licensed Asset (as permitted in this Licensee Agreement) is the number of users (or seats) selected and paid for at the time of purchase. If Licensee requires additional users (or seats), additional licenses to the Licensed Asset must be purchased.

2. Commercial Use And Non-commercial Use Defined

This License Agreement permits Commercial and Non-commercial use of the Licensed Asset, as specified in Section 3.

2.1 - Commercial Use

“Commercial” use is any use: (i) that involves an exchange of money or other consideration, (ii) that promotes a business (e.g., sole proprietorship, corporation, or partnership), product, or service, or (iii) where financial gain or other consideration is either sought or a result, directly or indirectly, of Licensee’s use of the Licensed Asset. If any one or more of the criteria in (i), (ii), and (iii) is met, then the use is deemed “Commercial”.

2.2 - Non-Commercial Use (Personal)

“Non-commercial” use is a use for solely personal purposes; any use that meets the definition of “Commercial use” can not be a Non-commercial use.

3. Permitted Uses And Quantity/Impression Limitations

3.1 - End Product for Commercial Use

  • Physical Products for Commercial and Non-Commercial Use: Licensee may create physical end products such as, but not limited to, clothing, cards, invitations, stickers, mugs, stamps, candles, posters, signs, home decor, etc. for Commercial and Non-commercial use.

  • Product Packaging for Commercial and Non-Commercial Use: Licensee may create physical or digital end packaging products such as, but not limited to, labels, stickers, or containers, etc. for Commercial and Non-commercial use.

  • Digital Products for Commercial and Non-Commercial Use: Licensee may create digital end products such as static designs, static website elements for Commercial and Non-commercial use.

  • Digital or Print Publication for Commercial and Non-Commercial Use: Licensee may use the Licensed Asset in digital or print publications such as cards, invitations, photo albums, and scrap books, e-books or e-publications, that are for Commercial and Non-commercial use.

Quantity Limitations on End Products for Commercial Use: No more than 10,000 lifetime combined individual end products or packaging (digital or physical) sales, instances, impressions, or installations (as applicable) that incorporates the Licensed Asset is permitted for Commercial use. Consider an extended commercial license or contact Creative Market for a custom license if Licensee requires greater quantities for Commercial use.

3.2 - Social Media, Marketing and Advertisements

  • Personal Social Media for Non-Commercial Use: If applicable one personal or individual social media account for Non-commercial use.

  • Company Social Media for Commercial Use: If applicable (e.g., to a business), one Licensee owned and managed company social media account is allowed for Commercial use. A separate license is required for each social media business account or page.

  • Physical (Printed) Advertisements for Commercial Use in a Local Market: Such as billboards, signage, printed advertisement, etc. for Commercial use in National Market. “National Market” means that all display or distribution of these permitted advertisements must be the borders of a single nation/country.

  • Digital Advertisements for Commercial Use: Internet advertisements such as advertisements served by Google Ads, Bings Ads, Facebook Ads, Linkedin Ad, etc. for Commercial use.

Quantity Limitations on Promotion and Advertisements: No limit on the number of impressions of social media posts or advertisements incorporating the Licensed Asset for Commercial use or Non-commercial use.

3.3 - Broadcast and Streaming of Motion Picture and Audiovisual Content

  • Broadcast and Streaming: Streaming via internet only of motion picture and audio visual works, excluding advertisements, is permitted for Non-commercial use only.

Quantity Limitations on Streaming: No more than 500,000 lifetime viewers for Commercial use and no limit for streaming via the internet for Non-commercial use.

4. Prohibited Uses

These uses may be available with an extended commercial license or custom license, contact Jackson Cheng at jackson.cheng.design@gmail.com to find out more.

4.1 - End Products

  • On-Demand Applications (Such as Print-on-Demand and Create-on-Demand Services). Any use that allows anyone other than the Licensee, such as an end user to customize a digital or physical end product is prohibited, whether for Commercial use or Non-commercial use. This includes, but is not limited to, “print on demand”, “made to order”, or “download on demand” application.

4.2 - Social Media, Marketing, and Advertisements

  • Physical (Printed) Advertisements for Commercial Use In Global Markets is prohibited: “Global” market means any distribution of display of advertisements in more than one nation/country

4.4 - Digital Development

  • Website Software Development, Mobile App Development, Desktop Application Development, and Video Game Development: is prohibited for Commercial use or Non- Commercial use.

4.5 - Trademark and Copyright

  • Trademark: Licensed Asset may not be used as part of a trademark, service mark, design mark, trade-name, or similar use unless (1) the Licensed Asset is significantly altered and (2) not the predominant element of the End Use. In no event does this License Agreement allow Licensee to register, protect, or enforce any trademark or similar rights in the Licensed Asset.

  • Copyright: Licensee may not claim the Licensed Asset (or a modification thereof) as its own copyrighted work (the original Licensed Asset must be disclaimed in any copyright registration).

5. Strictly Prohibited Uses 

5.1 - Resale or Sub-Licensing the Licensed Asset or any modification of it in source file form is strictly prohibited.

5.2 - Resale or Sub-Licensing of the Licensed Asset or any modification of it in a way that is directly competitive with the original Licensed Asset is strictly prohibited (e.g. Such as a stock asset or template).

5.3 - Making public or sharing the Licensed Asset in any way that allows others to download, extract, or redistribute Licensed Asset as a standalone file (meaning just the content file itself, separate from the project or end use that is expressly permitted) is strictly prohibited.

5.4 - Falsely representing authorship and/or ownership of the Licensed Asset is strictly prohibited.

5.5 - Any other use that is not expressly permitted in Section 3 (Permitted Uses and Quantity/Impression Limitations) is strictly prohibited.

6. Client, Service Provider, And Other Third Party Use Prohibited 

6.1 - Third party use requires the third party to obtain its own license. This License Agreement does not permit sublicensing.

7. General Legal Provisions

7.1 - Intellectual Property

All digital content available on jacksoncheng.com and jcheng-store.myshopify.com, the Shop Owner retains ownership of the Licensed Asset, but grants to Licensee the limited, non-exclusive, non-transferrable, and non-sublicensable, copyright to use the Licensed Asset as set forth above in the terms of this agreement. Licensee may not assert any ownership in the Licensed Asset itself nor any right to revenue from a collecting society in respect of photocopying, digital copying or other secondary uses of the Licensed Asset. This Licensee Agreement does not grant Licensee any rights to trademark or any other intellectual property rights in the Licensed Asset.

7.2 - Termination

Jackson Cheng may terminate this License Agreement at any time if Licensee breaches any of the terms of this or any other agreement with Jackson Cheng, in which case Licensee must immediately: cease using the License Asset; delete or destroy any copies; and, if requested, confirm to Jackson Cheng in writing that Licensee has complied with these requirements. If Licensee uses the Licensed Asset on a social media platform or other third party website and the platform or website uses (or announces that it plans to use) the Licensed Asset for its own purposes or in a way that is contrary to this License Agreement, the rights granted for such use shall immediately terminate, and in that event, upon Jackson Cheng’s request, Licensee agrees to remove any content from such platform or website.

7.3 - Content Withdrawal

Jackson Cheng may discontinue licensing the Licensed Asset at any time in its sole discretion. Upon notice from Jackson Cheng, or upon Licensee’s knowledge that a Licensed Asset may be subject to a claim of infringement of a third party’s right, Jackson Cheng may require Licensee to immediately, and at Licensee’s own expense: cease using the Licensed Asset, delete or destroy any copies; and ensure that the Licensee's clients, distributors and/or licensees do likewise. 

7.4 - Disclaimer of Warranties

Licensee’s use of the licensed asset is at licensee’s own risk. the licensed asset is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Jackson Cheng and the shop owner hereby disclaim all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for a particular purpose. the foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

7.5 - Limitation on Liability

In no event will Jackson Cheng, it’s affiliates or their licensors (including, without limitation, the shop owners), service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with this license agreement, including, without limitation, your use, or inability to use, the licensed asset, including any indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), intellectual property infringement, breach of contract or otherwise, even if foreseeable. In no event will the liability of Jackson Cheng, its affiliates or their licensors (including, without limitation, the shop owners), service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with this license agreement, including, without limitation, your use, or inability to use, the licensed asset, exceed the fees that licensee paid for the licensed asset. the foregoing does not affect any liability which cannot be excluded or limited under applicable law.

7.6 - Notices

All notices required to be sent to Jackson Cheng under this License Agreement should be sent via email to jackson.cheng.design@gmail.com All notices to Licensee will be sent via email to the address provided by Licensee during account creation or purchase.

7.7 - Modifications

Jackson Cheng may modify this License Agreement by posting an updated version on the Jackson Cheng website. Updated versions of the License Agreement shall not apply retroactively to prior purchases.