Terms and Agreements
If you have any questions on the below, submit them here.
Please note, due to the digital nature of this project, I don’t accept returns, exchanges, or cancellations.
Terms and Agreements:
This License Agreement contains important legal terms, and Licensee acknowledges that by completing the purchase process the Licensee has read the License Agreement and agrees to the terms.
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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
(b) Amiko Simonetti, the "Licensor," who is the author and owner of the Licensed asset (the Croquis Kit)
1.2 - One individual user (or seat) is permitted to access and use the Licensed Asset (as permitted in this Licensee Agreement) per purchase. If Licensee requires additional users (or seats), additional licenses to the Licensed Asset must be purchased.
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2. GRANT OF LICENSE
In exchange for the Licensee's payment of the license fee ("License Fee") associated with the Croquis Kit ("Licensed Asset") made available on Amikosimonetti.com, the Licensee is granted a non-exclusive, non-transferable, non-sublicensable perpetual right to use the templates provided in this Kit for personal and commercial fashion design projects limited to the below criteria:
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3. PERMITTED USES
An “End Use” of a Licensed Asset means the use of the Licensed Asset only as expressly permitted below. Any End 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.
3.1-End Products
✓ Fashion designs and/ or illustrations for licensee or client of licensee
✓ For use under fashion illustrations for digital, physical, online portfolio, or social media channels
✓ Videos and live streaming in which templates are used under drawings
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4. PROHIBITED USES
✗ Digital Development, including Mobile App Development, Desktop Application Development, and Video Game Development is prohibited for Commercial use or Non-commercial use
✗ Making public or sharing the Licensed Asset in any way that allows others to download, extract, or redistribute Licensed Asset as a standalone file including making physical copies, emailing, broadcasting, or uploading the Licensed Asset to a public cloud storage services is strictly prohibited.
✗ Resale or Sub-Licensing the Licensed Asset or any modification of it in source file form is strictly prohibited.
✗ 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., as a stock asset or template.)
✗ Falsely representing authorship and/or ownership of the Licensed Asset is strictly prohibited, and Licensee may not claim the Licensed Asset (or a modification thereof) as its own copyrighted work.
✗ Licensed Assets 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.
✗ Use the Licensed Asset in pornographic, fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory material, is strictly prohibited.
✗ Any other use that is not expressly permitted in Section 3 (Permitted Uses) is strictly prohibited.
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5. IMPORTANT GENERAL LEGAL PROVISIONS
5.1-Intellectual Property
The Licensor retains ownership of the copyright in the Artwork, and all rights not expressly granted in this agreement. The rights granted to the Licensee by this agreement are licensee rights only, and nothing in this agreement constitutes an assignment or exclusive license of the Licensor's rights in the Artwork.
The 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.
Any reference to the “purchase” or “sale” (or similar terms) of the Licensed Asset refers to the purchase of a limited license only and not the purchase of the underlying copyright or work itself.
5.2- Termination
The licensor has the right to terminate this License Agreement at any time if the Licensee breaches any of the terms expressed herein.
Upon termination, the Licensee must immediately cease using the License Asset; delete or destroy copies; or remove content from social media platform(s) or website(s), and if requested, provide documentation that the Licensee has complied with these requirements.
5.3 - Content Withdrawal
The Licensor maintains the right to discontinue licensing the Licensed Asset at any time. Upon notice from Licensor, or upon Licensee’s knowledge, that a Licensed Asset may be subject to a claim of infringement of a third party’s right, the licensor may require Licensee to cease using the Licensed Asset immediately. In this event, the Licensor will provide replacement content free of charge, as its sole obligation, subject to the other terms of this License Agreement.
5.4- Limitation on Liability
In no event will the Licensor be liable for damages of any kind, arising out of or in connection with this license agreement or licensed asset including, but not limited to, emotional distress, loss of revenue, loss of business, intellectual property infringement, etc.
5.5- Indemnification
Licensee agrees to defend, indemnify, and hold harmless the Licensor from any claims, liabilities, damages, expenses, or fees arising out of Licensee's violation of this License Agreement, use of the Licensed Asset in violation of rules, laws, and regulations, or in cases where such violation is due to the modification of the Licensed Asset.
5.6- Limitation on time to file claim
Any cause or action Licensee may have relating to the licensed asset or this license agreement must commence within one (1) year after the cause of action accrues; otherwise, such cause of action is barred permanently.
5.7- Modifications
Modifications to License Agreements may be made by posting an updated version to the Amikosimonetti.com website. Updated versions of the License Agreement shall not apply retroactively to prior purchases unless (1) Licensee expressly agrees to updated terms and (2) such modification do not adversely affect any rights of Licensee.