Art License Agreement
Introduction
This agreement (“Agreement”) is between you (“Licensee”) and Tree Water Studio, represented by Melissa Williams (“Artist”). By purchasing, downloading, or using any resources (“Resources”) from Tree Water Studio, you agree to adhere to the following terms and conditions.
Limitation of Liability
Individual Requirements: You acknowledge that the Resources have not been developed to meet your individual requirements, and it is therefore your responsibility to ensure that the facilities and functions of the Resources meet your requirements.
Prohibited Uses: You may not use Resources 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), libelous, obscene, threatening, profane, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or is otherwise objectionable.
Failure to Perform: Tree Water Studio will not be liable or responsible for any failure to perform, or delay in performance of, any obligations under this Licence caused by any act or event beyond reasonable control, including, without limitation, failure of public or private telecommunications networks.
Operation Warranty: The operation of the Resources is not warranted to be uninterrupted or error-free.
Transfer of Rights: You may not transfer your rights or obligations under this Licence to another person or business without express written consent.
Severability: 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.
Special Damages: Under no circumstances will Tree Water Studio 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.
Force Majeure: Under no circumstances will Tree Water Studio be liable to you or any third party for any events that are outside reasonable control—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.
Extended License
If you purchase an Extended Licence, the following terms apply:
The Extended Licence allows you to use Items in any manner permitted under the Standard Licence, and pursuant to the obligations and restrictions therein.
In addition, you may use Resources purchased under the Extended Licence to create End Products for Sale with lifetime sales not exceeding 250,000 units.
Please contact me at melissa@treewater.studio for a custom licence if you require greater quantities for Commercial use.
Premium Art License
If you purchase a Premium Art Licence (applicable to Graphic Resources and Pattern designs only), the following terms apply:
The Premium Art Licence allows you to use Graphics and Patterns in any manner permitted under the Standard Licence, and pursuant to the obligations and restrictions therein.
In addition, you may use Graphics and Patterns purchased under the Premium Art Licence to create physical End Products for Sale, in which the End Product for Sale may be sold an unlimited number of times.
Please note: Tree Water Studio currently has an exclusive licence agreement with a Stamp Manufacturing company, which means the Premium Art Licence is not available to another Stamp Company at this stage. Producing stamps under the terms of the Premium Art Licence is not permitted.
You may use Graphics and Patterns purchased under the Premium Art Licence stand alone to create physical End Products for Sale. Licensed Resources may form the main integrity of the physical End Product and do not need to be used within a wider design.
Any resale or sublicense of the Licensed Resource in source file form or otherwise competitive with the original Licensed Resource is prohibited.
Creating digital End Products is not permitted under the Premium Art Licence.
Termination
Tree Water Studio 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 authorized by this Licence;
You must immediately pay to Tree Water Studio any sums due under this Licence; and
You must immediately delete 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 Tree Water Studio that you have done so.
Terms of Use
This agreement (“Agreement”) is between you (“Licensee”) and Tree Water Studio, represented by Melissa Williams (“Artist”). By purchasing, downloading, or using any resources (“Resources”) from Tree Water Studio, you agree to adhere to the following terms:
Permitted Uses
End Products
End Products must be significantly different from the original Resource.
End Products must be combined with other creative elements to form an Original Design.
An Original Design is defined as a design that you have put time, effort, and skill into producing, ensuring that the Resources are not the primary integrity of the Design or End Product.
End Products must not be used or sold in a way that is directly competitive with the original Resource you purchased.
End Products must not redistribute the original Resource to any third party.
Commercial Projects
You may use the Resources in multiple commercial Projects.
The lifetime sales of the End Products for Sale or offered for free may not exceed 5000 units. If sales exceed 5000 units, you must purchase another Standard License or an Extended License.
Patterns
Patterns licensed under the Graphics License may not be used standalone. They may be used as backgrounds, overlays, or to fill specific areas within your Original Design.
End Products for Sale
An End Product for Sale can be either a digital design or physical item that you and/or your client intend to sell to more than a single person for any type of fee or charge, ensuring that no third parties can extract the original resource.
Modifications
You may modify or manipulate the Resource, or incorporate it into other content to create a derivative work. Tree Water Studio retains all rights, title, and ownership of the original Resource, and the resulting derivative work is subject to this Agreement.
Special Terms for Fonts and Add-ons
Unique Implementation
An End Product must be a unique implementation of the Resource. For example, you may purchase a font and use it to make unique word art, but you must not redistribute the original files in any way.
Fonts and Add-ons may only be installed on devices used by the Licensee, i.e., the Licensee’s primary and secondary desktop computer and mobile device.
Commercial Projects
You may use Fonts and Add-ons in multiple commercial projects and sell unlimited quantities of the End Product.
Restrictions
You may not:
Sub-license, resell, redistribute, provide access to, share, or transfer any Resources (e.g., as stock, in a tool, app, or template, with source files, and/or not incorporated into an End Product) under any circumstances, not even for free.
Upload a Resource to a website at a resolution that exceeds the display resolution of the intended viewing device, as this will be deemed an attempt to redistribute the graphic.
Allow anyone other than the Licensee, such as an end user, to customize a digital or physical end product, whether for commercial use or non-commercial use. It is prohibited for any user other than the Licensee to access the assets whereby they can choose items or create their own end result. This includes, but is not limited to, “print on demand,” “made to order,” or “download on demand” applications.
Imply or claim that you are the author of the artwork, even if you have made changes.
If you use the graphics for editorial purposes (print, web, or TV), you must include the credit adjacent to the product: Melissa Williams and Tree Water Studio, https://treewater.studio.
Notification of Unauthorized Use
If you become aware of any unauthorized duplication or access of any of the Resources, please notify Tree Water Studio immediately.
Termination Conditions
This Agreement may be terminated under the following conditions:
Breach of any terms outlined in this Agreement.
Unauthorized duplication or distribution of Resources.
Misrepresentation of authorship or ownership of any Resources.
Violation of these terms will result in the immediate termination of the license and may involve legal action.
By adhering to these terms, you ensure the lawful and ethical use of Melissa Williams’ artistic Resources provided by Tree Water Studio.
