SKARA DIGITAL STUDIO

Skara Digital Studio graphics and tools are protected under Canadian law as stipulated in the Federal Copyright Act. Sarah Z. Dungan (Tioliah) owns all rights, including copyrights, to the graphics and tools. Your right to use Skara Digital Studio graphics and tools are subject to the below terms, and are conditional on your monetary compensation (payment) to Sarah Z. Dungan for the usage rights of the graphics and tools. Sarah Z. Dungan reserves the right to change the terms of this licence agreement at any time.

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This licence agreement (“License”) constitutes a legal agreement between you (the “Licensee”) and Sarah Z. Dungan (the “Licensor”, “I”, or “my”) for downloading, installing, and/or using Skara Digital Studio graphics and tools (“Resources”).

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By purchasing the right to use the Resources from any of my online stores, you agree to abide by the terms of this Licence and acknowledge that all intellectual property rights in the Resources anywhere in the world belong to Sarah Z. Dungan. You consent to the terms of this License taking effect immediately upon purchase of the right to use the Resources and acknowledge that your right to withdraw from the Licence contract is terminated once download of digital content has begun. If you do not agree to the terms of the Licence, you must discontinue the use of the Resources.

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Single-User Licence Agreement Terms and Conditions

Sarah Z. Dungan hereby grants the Licensee a non-exclusive, non-transferable, worldwide right to use Skara Digital Studio graphics and tools under the following conditions, subject to limitations in “Restrictions” below:

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1. End Product

The Licensee may use a Resource they have purchased the right to use in a new End Product only if the End Product satisfies the following criteria:

• End Products must be significantly different from the original Resource and must not be used stand alone. The Licensee must combine the Resource with other graphic elements to create an Original Design, which requires time, effort, and skill to produce. The Licensee must ensure that the Resource is not the primary component of the End Product.

• End Products must be designed to ensure the original Resource cannot be extracted by any third parties.

• End Products that use Tool Resources (i.e. Photoshop brushes, pattern files) must be a unique implementation of the Resource and must not allow redistribution of the original files in any way. Tool Resources may only be installed on devices used by the Licensee (e.g. the Licensee’s desktop computer, laptop, and mobile device).

• End Products may not be used or sold in a manner that directly competes with the original Resource.

• Resources may be used in multiple commercial projects.

• An End Product for Sale is a digital or physical item that you and/or your client intend to sell to another person for any type of fee or charge (including offers for free).

• The total, or lifetime, sales of an End Product for Sale (including offered for free) may not exceed 5000 (five thousand) units. If you purchase a Licensed Resource that is used to create an End Product for Sale with sales that exceed 5000 units, you must purchase another License. If an End Product for Sale only uses Tool Resources (Photoshop brushes, Photoshop patterns), the Licensee may sell unlimited units under a single License.

• You may modify or manipulate a Resource, or incorporate it into other content to make a derivative work from it. Sarah Z. Dungan will retain all rights and ownership in the Resource, and the resulting derivative work is subject to the terms of this License, including Restrictions stipulated below.

 

2. Embedding

Resources may be embedded into any document you send to third parties provided said documents are only viewed and printed (not edited) by the recipients. You may not under any circumstances embed Resources into software or hardware products, online applications, tools, or packages in which the Resources will be used by the purchasers of such products, or from which the Resources can be extracted or distributed.

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3. Restrictions

You may not under any circumstances:

• Resell, redistribute, provide access to, sub-license, share, or transfer any Resources (e.g. in an app, tool, web template, document, package, shared drive, digital asset management system, as stock, as source files, or in any way not incorporated into an End Product, print or digital, that prevents extraction of the Resource in its original form by third parties), including for free. If your client requires editable files, a license must be purchased for both yourself and your client.

• Upload a Resource to a web site at a resolution that exceeds the display of the intended viewing device, or that would allow the Resource to be extracted. This action will be deemed an attempt to redistribute the Resource. You agree to take all reasonable precautions to prevent third parties from accessing and/or duplicating the Resource. Please notify me if you become aware of any unauthorized access or duplication of Resources.

• Imply or claim authorship of a Resource, even if you have modified it. If you use a Resource for editorial purposes (print, web, TV), you must include credit on or adjacent to the content: Tioliah / Sarah Z. Dungan

• Register a Resource or End Product incorporating a Resource as a trademark. This includes logos. All Resources are non-exclusive.

 

4. Limitations of Liability

• You acknowledge that the Resources have not been designed to meet your specific requirements. Therefore, it is your responsibility to ensure that the form and function of the Resources meet your requirements.

• You may not use a Resource 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), libellous, obscene, threatening, profane, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or is otherwise objectionable.

• Sarah Z. Dungan will not be liable or responsible for any failure to perform, or delay in performance of, any of my obligations under this Licence 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.

• You may not transfer your rights or your obligations under this Licence to another person or business without my express written consent.

• Each of the conditions of this Licence 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, 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 you 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 Licence, its subject matter and its formation, are governed by the Canadian Copyright Act, the Berne Convention, and the Universal Copyright Convention.

 

5. Termination

I may terminate this Licence immediately by written notice to you if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.

 

Upon termination for any reason:

• All rights granted to you under this Licence shall cease;

• You must immediately cease all activities authorised by this License;

• You must immediately pay to me any sums due to me under this License; and

• You must immediately delete and/or remove the 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, certify to me that you have done so.

 

If you have questions relating to the License Agreement, please contact me.