Single-User Personal License

Belle Illustrated License Agreement – Single-User Personal License

All graphics/digital content/add-ons by Belle Illustrated and its representatives are protected by United States copyright laws and treaties. Belle Illustrated owns all rights, including the copyrights to the graphics/digital content/add-ons. Your rights to use the graphics, digital content, or add-ons (“Licensed Asset”) are subject to the terms stated below. Belle Illustrated or its representatives reserves the right to make changes to the terms of this License.


This is an End User License Agreement (EULA) between:

This license agreement (“License”) is a legal agreement between you (“Licensee” or “you”) and Belle Illustrated or its representatives (“Licensor”, “I”, or “my”) for downloading, installing, or using the graphics, digital content, or add-ons (“Licensed Asset”).

You acknowledge that all intellectual property rights of the Licensed Asset anywhere in the world belong to the Licensor, that rights in the Licensed Asset are licensed (not sold) to you, and that you have no rights in, or to, the Licensed Asset other than the right to use them in accordance with the terms of this License.


IMPORTANT NOTICE TO ALL USERS:

Please read this Agreement carefully. By downloading/purchasing this design product (Licensed Asset) from my website, social media, or any of my online shops, you consent to immediate performance of this agreement and acknowledge that you will lose your right of withdrawal from the contract once the download or streaming of the digital content has begun. This License Agreement contains important legal terms, and Licensee acknowledges that by completing the download and/or purchase process and/or checking “agree”, Licensee has read the entire License Agreement and agrees to the terms herein, including, without limitation Section 8 (Important General Legal Provisions). If you do not agree to the terms of this license, I will not license the Licensed Asset to you, and you must discontinue the use of the Licensed Asset.


1. ASSET MANAGEMENT

Licensee may only upload the Licensed Asset 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 Asset by Licensee only, as permitted herein.


2. THIS LICENSE AGREEMENT PERMITS NON-COMMERCIAL (PERSONAL) USE ONLY

This License Agreement permits only Non-commercial use of the Licensed Asset, as expressly specified in Section 3 (Permitted Uses and Quantity/Impression Limitations); all Commercial use is expressly prohibited.


COMMERCIAL USE AND NON-COMMERCIAL USE DEFINED

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”.

Non-Commercial Use (Personal)

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


3. PERMITTED USES AND QUANTITY/IMPRESSION LIMITATIONS

An “End Use” of a Licensed Asset means use of the Licensed Asset only as expressly permitted below:


3.1 – End Products for Non-Commercial Use

You may use the Licensed Asset in a new End Product as long as the End Product meets the following requirements:

  • Physical Products for Non-Commercial Use: Licensee may create physical end products not for resale or wholesale. End Products must be significantly different than the original Licensed Asset. You must combine the Licensed Asset with other creative elements to ensure the Licensed Asset is used within a wider design to form an Original Design. An Original Design would be something you put time, effort and skill to produce, ensuring the Licensed Asset is not the primary integrity of the Design or End Product. End Products must not be used in a way that is directly competitive with the original Licensed Asset. End Products must not redistribute the original Licensed Asset to any third party.
  • Patterns may not be used stand alone. They may be used as backgrounds that form part of a wider design; as an overlay; or to fill a specific area within your Original Design.

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 – Social Media for Commercial Use

  • Social Media for Commercial Use: When used as part of an Original Design, if any part of the Licensed Asset is used or displayed in part or in full on a personal, company, or business social media page intended for commercial use (such as demonstrating the creation of your Original Design), Licensee must attribute Belle Illustrated as the creator, and where permissible, provide a link to the original blog post on belleillustrated.com where the Licensee first discovered the Licensed Asset.
  • Sharing/Reposting Social Media Posts: When

4. PROHIBITED USES (these uses may be available with a commercial license or custom license, contact Belle Illustrated 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 – Marketing, and Advertisements

  • 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.

4.4 – 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 — and Licensee shall not seek to — register, protect, or enforce any trademark or similar rights in the Licensed Asset. Contact Belle Illustrated for a custom license if these rights are desired.
  • 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).

4.6 – Future Technologies

  • The license is limited to the expressly permitted uses stated in this License Agreement: future-existing technologies and uses are expressly reserved and not included within the scope of the license.

5. STRICTLY PROHIBITED USES. Nothing in this License Agreement grants Licensee any of the following rights, all of which rights are expressly retained:


5.1 – Resale, Redistribution, Sub-Licensing, Share/Transfer, or Provided Access

  • Resale, Redistribution, Sub-Licensing, Share/Transfer, or Provide Access to the Licensed Asset or any modification of it in source file form (e.g. as stock, in a tool, app or template, with source files, and/or not incorporated into an End Product) is strictly prohibited, not even for free.

5.2 – Resale, Redistribution, Sub-Licensing, Share/Transfer, or Provide Access that Results in Direct Competition

  • Resale, Redistribution, Sub-Licensing, Share/Transfer, or Provide Access to 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).

5.3 – Publicizing/Sharing the Licensed Asset

  • 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 – Use the Licensed Asset in pornographic, fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory material

  • Use the Licensed Asset in pornographic, fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory material, is strictly prohibited, including, without limitation, any use of the Licensed Asset that:
  • may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
  • may create a risk of any other loss or damage to any person or property;
  • seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • may constitute or contribute to a crime or tort;
  • contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
  • contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
  • contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • contains any information or content that you know is not correct and current; or
  • promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.

5.5 – Falsely representing authorship and/or ownership

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

5.6 – Any other use that is not expressly permitted in Section 3

  • 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 (Third-party use requires the third-party to obtain its own license unless a custom license is purchased)


6.1 – Third-Party Use Requires Separate License.

This License Agreement does not permit sub-licensing, except as stated in Section 6.2.


6.2 – Limited Sub-licensing of End Users Is Permitted.

The restriction above does not prohibit Licensee from sub-licensing Licensee’s rights to third parties solely to manufacture, or distribute completed End Uses of the Licensed Asset for Non-commercial uses (as expressly permitted herein) when done on behalf of Licensee, provided that Licensee shall at all times ensure compliance with the terms of this License Agreement.


7. ATTRIBUTION


7.1 – When credit is required: All editorial use requires a credit; however for non-editorial use a credit is only required where credits are accorded to other providers of licensed material. Credits, when required, shall be legible and in close proximity to the Licensed Assets and, where applicable, substantially similar in placement and prominence to other credits


7.2 – How to provide credit: “[Licensed asset product type] copyright Belle Illustrated”


8. IMPORTANT GENERAL LEGAL PROVISIONS


8.1 – Intellectual Property

  1. All digital content available on belleillustrated.com, Belle Illustrated shops or channels, including, without limitation, the Licensed Asset, is protected by United States and international copyright and other laws and treaties. As between you and Belle Illustrated, Belle Illustrated retains ownership of the Licensed Asset, but grants to Licensee the limited, non-exclusive, non-transferrable, and non-sub-licensable (except as expressly allowed above), copyright to use the Licensed Asset as expressly set forth above on the terms herein. All other rights, as between Licensee and Belle Illustrated are reserved by Belle Illustrated. 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. As a licensee, Licensee’s ownership of the media and/or device on which the Licensed Asset is recorded, if any, is distinct from and does not grant any ownership right, title or interest in and to the design of the Licensed Asset itself. This Licensee Agreement does not grant Licensee any rights to trademark or any other intellectual property rights (aside from copyright) in the Licensed Asset.

8.2 – Termination

  • Belle Illustrated may terminate this License Agreement at any time if Licensee breaches any of the terms of this or any other agreement with Belle Illustrated, in which case Licensee must immediately: cease using the License Asset; delete or destroy any copies; and, if requested, confirm to Belle Illustrated 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 purpose 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 Belle Illustrated’s request, Licensee agrees to remove any content from such platform or website.

8.3 – Content Withdrawal

  • Belle Illustrated may discontinue licensing the Licensed Asset at any time in its sole discretion. Upon notice from Belle Illustrated, or upon Licensee’s knowledge, that a Licensed Asset may be subject to a claim of infringement of a third party’s right, Belle Illustrated may require Licensee to immediately, and at Licensee’s own expense: cease using the Licensed Asset, delete or destroy any copies; and ensure that Licensee’s clients, distributors and/or licensees do likewise. Belle Illustrated will provide you with replacement content (determined by Belle Illustrated in its reasonable commercial judgment) free of charge, as its sole obligation, subject to the other terms of this License Agreement.

8.4 – Audit

  • Upon reasonable notice, Licensee agrees to provide to Belle Illustrated sample copies of projects or end uses that contain Licensed Asset, including by providing Belle Illustrated with free of charge access to any pay-walled or otherwise restricted access website or platform where the Licensed Asset is reproduced. In addition, upon reasonable notice, Belle Illustrated may, at its discretion, either through its own employees or through a third party, audit Licensee’s records directly related to this License Agreement and Licensee’s use of the Licensed Asset in order to verify compliance with the payment and other terms of this License Agreement. If any audit reveals an underpayment by Licensee to Belle Illustrated of five percent (5%) or more of the amount Licensee should have paid, then in addition to paying Belle Illustrated the amount of the underpayment and any other remedies to which Belle Illustrated is entitled, you also agree to reimburse Belle Illustrated for the costs of conducting the audit.

8.5 – 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. BELLE ILLUSTRATED AND ITS REPRESENTATIVES 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 PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

8.6 – Limitation on Liability

  1. IN NO EVENT WILL BELLE ILLUSTRATED, ITS REPRESENTATIVES , ITS AFFILIATES OR THEIR LICENSORS (INCLUDING, WITHOUT LIMITATION, THE LICENSED ASSET OWNER), 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 BELLE ILLUSTRATED, ITS REPRESENTATIVES , ITS AFFILIATES OR THEIR LICENSORS (INCLUDING, WITHOUT LIMITATION, THE LICENSED ASSET OWNER), 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 LOWER OF $10,000 USD, OR 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.

8.7 – Indemnification

  • Licensee agrees to defend, indemnify and hold harmless the Belle Illustrated, its representatives, its affiliates, licensors (including, without limitation, Licensed Asset Owner) and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including but not limited to reasonable attorneys’ fees) arising out of or relating to Licensee’s (or anyone acting on Licensee’s behalf, including, without limitation, service providers) (i) violation of this License Agreement, (ii) use of the Licensed Asset in violation of law, rules or regulations, or (iii) use of the Licensed Asset violation of third party rights where such violation is due to the modification of the Licensed Asset.

8.8 – Limitation on Time to File Claims

  • TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE LICENSED ASSET OR THIS LICENSE AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

8.9 – Choice of Law and Forum

  1. All matters relating to Licensed Asset and the License Agreement and any dispute or claim arising therefrom or related thereto (in each case, including, without limitation, non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, the Licensed Asset or this License Agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee and County of Sullivan although we retain the right to bring any suit, action or proceeding against Licensee for breach of this License Agreement in Licensee’s country of residence or any other relevant country. Licensee waives any and all objections to the exercise of jurisdiction over Licensee by such courts and to venue in such courts to the maximum extent permitted by law.

8.10 – Arbitration

  1. AT BELLE ILLUSTRATED OR ITS REPRESENTATIVE’S SOLE DISCRETION, EXCEPT TO THE EXTENT PROHIBITED BY LAW, BELLE ILLUSTRATED OR ITS REPRESENTATIVE’S MAY REQUIRE LICENSEE TO SUBMIT ANY DISPUTES ARISING FROM THE USE OF THE LICENSED ASSET AND THIS LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, TO FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING TENNESSEE, USA LAW.

8.11 – Waiver and Severability

  • No waiver of by Belle Illustrated or its representatives of any term or condition set forth in this License Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Belle Illustrated or its representatives to assert a right or provision under this License Agreement shall not constitute a waiver of such right or provision.
  • If any provision of this License Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the License Agreement, including the Terms of Use, will continue in full force and effect.

8.12 – Entire Agreement

  • This License Agreement, together with the Belle Illustrated Terms of Use (“Terms of Use”) constitutes the sole and entire agreement between Licensee on the one hand and Belle Illustrated and its representatives on the other hand with respect to the Licensed Asset and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Licensed Asset. This License Agreement supersedes any conflicting terms set forth in the Terms of Use with respect to the Licensed Asset.

8.13 – Notices

  1. All notices required to be sent to Belle Illustrated under this License Agreement should be sent via email to be**************@gm***.com All notices to Licensee will be sent via email to the address provided by Licensee during account creation or purchase.

8.14 – Modifications

  • Belle Illustrated or its representatives may modify this License Agreement by posting an updated version on the Belle Illustrated website. The then current version of the License Agreement posted at the time of purchase shall apply to purchases (even if the Licensed Asset is downloaded after the License Agreement is updated). Updated versions of the License Agreement shall not apply retroactively to prior purchases unless either (1) Licensee is notified of its option to apply the updated terms to prior purchases and expressly agrees (e.g., via clicking “Agree”) or (2) such modification (i) does not adversely affect any rights of Licensee and (ii) Belle Illustrated notifies Licensee of the changes and that they will apply retroactively (e.g., via email to the address on file).

8.15 – Interpretation

Unless the context requires otherwise, in any part of this License Agreement: (i) “including” (and any of its derivative forms, e.g. “includes”), “e.g.” and “for example” means “including but not limited to”; and (ii) use of the singular imports the plural and vice versa. This License Agreement shall not be interpreted against the drafting party.

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