← LICENSE OVERVIEW

License Agreement - Personal

Licensee: Individual

Number of Users (or Seats): Single User (or Seat)

Commercial Use: Not Permitted

Non-Commercial (Personal) Use: Permitted

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.

1.2 - This is an individual license for Non-commercial use (as defined below) only, and the Licensed Asset may be used and accessed (as permitted in this License Agreement) only by a single individual person, who is the Licensee indicated at the time of purchase. If multiple individuals will work together to use the same Licensed Asset, then each individual must purchase a license for that Licensed Asset. Licensee may select multiple users (or seats) at the time of purchase only if Licensee is authorized to legally bind the other individuals who will use the Licensed Asset to this License Agreement (e.g., a child or a spouse). For use by a business, such as an employer, one of the license agreements that permits Commercial use is required.

2. Commercial Use And Non-commercial Use Defined

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

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 Non-Commercial Use

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

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

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

  • Digital or Print Publication for 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 Non-commercial use only.

3.2 - Personal Social Media for Non-Commercial Use

  • Personal Social Media for Non-Commercial Use: One personal or individual social media account (not on a company or business social media page) for Non-commercial use.

3.3 - Streaming of Motion Picture and Audiovisual Content

  • 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 limit on lifetime viewers for Non-commercial use.

4. Prohibited Uses

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

4.1 - End Products

  • All End Products for Commercial use (including, without limitation, physical products, product packaging, digital products, or digital or print publications) are prohibited.

  • On-Demand Applications (Such as Print-on-Demand and Create-on-Demand Services) for Commercial Use or Non-Commercial Use are prohibited. 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

  • Company Social Media: is prohibited for Commercial use or Non-commercial use.

  • Physical (Printed, Paid or Unpaid) Advertisements: Such as billboards, signage, printed advertisement, etc. are prohibited for Commercial use or Non-commercial use.

  • Digital (Paid or Unpaid) Advertisements: Internet advertisements such as advertisements served by Google Ads, Bings Ads, Facebook Ads, Linkedin Ad, etc. are prohibited for Commercial use or Non-commercial use.

4.3 - Broadcast and Streaming of Motion Picture and Audiovisual Content

  • Broadcast and Streaming: (a) Streaming for Commercial use and (b) broadcast for Commercial use or Non-commercial use by any means, including via network, cable, satellite, pay-per-view, video on demand of content including motion picture or audio visual works incorporating the Licensed Asset, including advertisements, is prohibited.

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. 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.