LICENSE AGREEMENT
This license agreement ("License") is a legal agreement between you ("Licensee" or "you") who is the individual person indicated as the licensee during the purchase process or that person's employer if that person is acting on the employer's behalf and with the employer's authorization and Noemi Marozsan, Noemi Marozsan Designs, Ipswich, Suffolk, United Kingdom ("Licensor", "I", "We" or "my"), the owner of nmpatternstudio.com, for downloading, installing or using the Digital Art/Patterns ("Design", "Designs", "Print" or "Prints").
All Designs by Noemi Marozsan are protected by United Kingdom copyright laws and international treaties. Noemi Marozsan owns all rights, including the copyrights to the Designs. The Licensee acknowledges that by completing the purchase process of any design and/or checking "agree", Licensee has read the entire license agreement and agrees to the terms of the License. If you do not agree to the terms of this license, you do not have the right to use any of the designs available to be licensed on nmpatternstudio.com. The terms of this license include, in particular, limitations on liability in Section 5 of the agreement herein.
We offer three types of Licenses – Commercial, Extended Commercial and Exclusive License and the one selected at the time of purchase applies to the licensee's use of the licensed Designs. Noemi Marozsan reserves the right to make changes to these terms of the License agreement.
IMPORTANT NOTICE:
• By purchasing the right to use the designs from this website, you hereby consent to immediate adherence of the license agreement and acknowledge that you will lose your right of withdrawal from the contract once the resources have begun to download or have been downloaded. Due to the nature of digital products, once downloaded, the files cannot be returned.
END USERS LICENSE AGREEMENT
Commercial License (Non-Exclusive)
Noemi Marozsan hereby grants you a non-exclusive, non-transferable worldwide right to use the Designs in the following ways, subject to the limitations set out in "Restrictions":
1. End Product
You may use a purchased Design in a new End Product as long as the End Product meets the following requirements:
1.1 End Products must not be used or sold in a way that is directly competitive with the original Designs you purchased. End Products must not redistribute the original Designs or any of its parts/elements to any third parties in a manner that allows for the extraction of the original design elements.
1.2 You may use the Designs in multiple personal or commercial Projects that could consist of several End Products – a Project is defined as a complete and cohesive undertaking that may result in one or more End Products. Any End Product included in a Project must be directly related under a single concept. (An example of One Project with many End Products would be a Branding kit with letterheads, envelopes, business cards and a few other items).
1.3 In case of Commercial license, the lifetime sales of the End Product for Sale must not exceed 1000 units. If the End Product for Sale under commercial license exceeds 1000 units, you can either purchase another Commercial License or an Extended Commercial License.
1.4 In case of use of the Designs on Wallpapers and Textiles/fabrics, the lifetime sales of the End Product for Sale must not exceed 1000 meters in length in the case of Commercial license. If it exceeds 1000 meters, you can either purchase another Commercial License or an Extended Commercial License.
1.5 The total number of physical end products for sale includes all products from a single or multiple projects put together.
1.6 An End Product For Sale can only be a physical item that you and/or your client intend to sell to more than a single person for any type of fee or charge. You may NOT sell, distribute, or transfer the Designs as a digital product in any format whatsoever. This includes but is not limited to: digital downloads, digital prints, digital wallpapers, PDFs, digital invitations, digital planners, or any other digital file format. The Designs may only be used on physical products.
1.7 Whilst we make all reasonable attempts to exclude viruses from the Licensed Design, we cannot ensure such exclusion and no liability is accepted for viruses. Thus, you are recommended on receipt to thoroughly scan the downloaded Design and insure yourself against any associated risk.
1.8 You may modify or manipulate the Designs in terms of recomposition or change colors. As between you and Noemi Marozsan, Noemi Marozsan will retain all rights, title, and ownership in the Designs, and the resulting derivative work is subject to the terms of this License, including Restrictions set out in Section 4.
1.9 Derivative designs from a particular design used on an end product will also add to the total lifetime sales of the end products of that particular purchased design.
1.10 All Designs sold by Noemi Marozsan Designs are non-exclusive unless specifically purchased under an Exclusive License. This means the same design may be licensed to multiple customers.
2. Design Management
2.1 Licensee may only upload the Licensed Designs to (i) a server owned and controlled by Licensee or (ii) a cloud storage service, cloud-based design app, or digital asset manager account controlled by Licensee, in each case for use of the Licensed Designs by Licensee only, as permitted herein. You may not make the Designs available on shared drives or storage where others can access them.
3. Things You Can Do With the Designs:
- Use the Designs on physical products for personal use
- Use the Designs on physical products for commercial sale (t-shirts, mugs, fabric, wallpaper, stationery, packaging, home decor, etc.) that you produce yourself
- Modify colours, resize, recompose, or edit the Designs (including PSD files) for your End Products
- Use the Designs in multiple projects within the purchased license limits
- Use the Designs in website templates when sold to an individual client (both you and your client require a license)
4. Restrictions - Things You CANNOT Do With the Designs:
4.1 Sub-license, resell, redistribute, provide access to, share or transfer any of the Designs (e.g. as stock, in a tool or template, with source files, including PSD files, and/or not incorporated into an End Product) under any circumstances, not even for free.
4.2 Upload any Design to a website at a resolution that exceeds the display resolution of the intended viewing device will be deemed to be an attempt to redistribute the Design. You agree to take all commercially reasonable steps to prevent third parties from accessing and/or duplicating the Designs. If you become aware of any unauthorized duplication or access of any of the Designs or its parts, you are requested to notify us.
4.3 Imply or claim that you are the author of the designs, even if you have made changes. If you use the Designs for editorial purposes (print, web or tv) you must include the credit adjacent to the product: @noemimarozsan_designs
4.4 Make Designs or any of its parts/elements available to a third party on a digital asset management system, shared drive or the likes for the purposes of sharing or transferring such Designs or any of its parts/elements.
4.5 Resell a Design directly, or within a wider design/product where the original Designs or any of its parts/elements can be used or extracted in its original form in both digital and print format.
4.6 Resell a website template with an embedded Design unless the website files making use of a Design are passed on to an individual client (a license is required for both yourself and your client to justify this).
4.7 Resell a digital template that makes use of the Designs. The Designs may NOT be used in an End Product for sale that is of a digital nature, in any shape or form. This includes but is not limited to digital products sold as downloads, printables, or any digital file format.
4.8 You are NOT allowed to upload or use the design on Print-on-Demand (POD) platforms, including but not limited to Redbubble, Society6, Zazzle, TeeSpring, or similar services.
4.9 You are NOT allowed to resell, sublicense, redistribute, or share the source files (JPG, PNG, PSD) in any form that enables others to download, extract, copy, or reuse the artwork.
4.10 Register as a trademark the Designs or the end product incorporating the Designs. Keep in mind that other customers/third parties can use the same Design due to the nature of the non-exclusive license terms except if it is purchased under exclusive license.
4.11 You may not under any circumstances embed Designs or its elements into software or hardware products in which the Designs will be used by the purchasers of such products, or from which the elements or motifs of the design can be extracted or transmitted.
4.12 Any use not clearly permitted in the license terms is strictly prohibited.
5. Limitation of Liability
5.1 You acknowledge that the Design has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Designs meet your requirements.
5.2 You may not use the designs in a manner that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, deceptive, infringing, invasive of personal privacy or public 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.
5.3 Noemi Marozsan 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 but not limited to failure of public or private telecommunications networks.
5.4 I do not warrant that the operation of the Designs will be uninterrupted or error free.
5.5 You may not transfer your rights or your obligations under this License to another person or business without my express written consent and it may be in the form of an email.
5.6 Each of the conditions of this License operates separately. If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.
5.7 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 Designs being defective/unsellable.
5.8 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.
5.9 The Designs are provided "as is" without warranty of any kind, either expressed or implied. Noemi Marozsan shall not be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use the Designs.
5.10 This License, its subject matter and its formation, are governed by the laws of England and Wales, United Kingdom, including United Kingdom Copyright law, the Berne Convention and the Universal Copyright Convention.
6. Extended Commercial License (Non-Exclusive)
On purchase of Designs under Extended Commercial License, the following terms apply:
6.1 The Extended Commercial License allows you to use Designs in any manner permitted under the License terms above, and pursuant to the obligations and restrictions therein.
6.2 You may use Designs in multiple Personal and commercial Projects.
6.3 You may use Designs purchased under the Extended Commercial License to create End Products for Sale, in which the End Product for Sale may be sold an unlimited number of times.
6.4 You may edit colours, recompose, or adapt the Designs to suit your needs without breaking the terms of the license agreements.
6.5 Print the design on wallpapers, fabrics, or any surface material with no meter or quantity limit.
6.6 You are NOT allowed to upload or use the design on Print-on-Demand (POD) platforms, including but not limited to Redbubble, Society6, Zazzle, TeeSpring, or similar services.
6.7 You may modify, crop, recolor, recompose, or adapt the design to suit their end product requirements.
6.8 Use the design on business or personal social media accounts owned by the licensee, with or without credit (credit appreciated but not required): @noemimarozsan_designs
6.9 All other restrictions from Section 4 continue to apply to Extended Commercial License purchases.
7. Exclusive License
On purchase of Designs under Exclusive License, the following terms apply:
7.1 On purchase of any designs under Exclusive license, you are granted exclusive rights to use the designs as you wish, worldwide.
7.2 Each Design is sold on an exclusive, one-off basis to only one licensee.
7.3 All rights of the Design are transferred to the Licensee once the purchase has been made successfully.
7.4 The Design and its previews will cease to exist on the website immediately after each successful purchase.
7.5 With an Exclusive License, you have full ownership and control of the Design and may use it without limitation.
8. Termination
8.1 This License may be terminated immediately by written notice to you if you commit a material or persistent breach of this License which you fail to remedy (if remediable) within 14 days after the service of written notice (email) requiring you to do so.
8.2 Upon termination of the license for any reason:
8.2.1 All rights granted to you under this License shall cease;
8.2.2 You must immediately cease all activities authorized by this License;
8.2.3 You must immediately pay to Noemi Marozsan any sums due under this License; and
8.2.4 You must immediately delete or remove the Designs from all computer equipment in your possession, and immediately destroy any tangible copies of the Designs then in your possession, custody or control and, in the case of destruction, certify to me that you have done so.
9. Miscellaneous
9.1 All notices to be served in accordance with this agreement may be served by email through the contact form on nmpatternstudio.com.
9.2 This agreement shall be governed by and construed in accordance with the laws of England and Wales, United Kingdom, and the parties hereto submit to the jurisdiction of the Courts of England and Wales for the settlement of any disputes hereunder.
If you have any questions relating to the license agreements, or want to discuss a bespoke license for your project, please feel free to contact us through nmpatternstudio.com
By completing your purchase, you acknowledge that you have read, understood, and agree to be bound by the terms of this License Agreement.
© Noemi Marozsan Designs. All Rights Reserved.