License Agreement

License Agreement

 

Introduction

 

This License Agreement (agreement) is between Brainware (hereafter known as ‘PVA’, ‘we’ or ‘us’), owner and operator of www.professional-vector-art.com (the Site) and the user (‘You’ or ‘Member’) who downloads Images and all other downloadable content from this website or purchases the content on a data storage device i.e. CD/DVD-ROM. Read this agreement carefully before using the disc or download files. By breaking the CD/DVD-ROM seal or downloading a file and/or software from this disc or the Site, you agree to be bound by the terms of this agreement as well as the General User Agreement, which is made a part hereof by this reference.

 

All images offered at the Site are offered as licensed software under the terms and conditions set forth in this License Agreement. When you make a purchase on the Site, you are actually purchasing licensed rights to use the images. The images itself remain the property of PVA and its licensors and no title to or intellectual property rights to the images or the disc are transferred to you (except Logos with the Exclusive Rights License). All images contained in the disc/ download package are protected by the countries and international copyright laws, international treaty provisions, and other applicable laws.

 

PVA offers 4 types of licenses: Standard License (SL), Extended License (EL), Ultimate License (UL) and the Exclusive Rights License (ERL). The first 3 licenses are available for the most images and collections on the Site. The three licenses grant you a different scope of permitted uses, so you can choose from the available Licenses the one that fits best to your needs. The ERL is available mainly for ready to go Logos. In the following you can find a summary of the permitted as well as not-permitted uses and restrictions. The complete information is shown after the summaries.

 

Permissions Summary

 

Permitted Uses	Standard License	Extended License	Ultimate License	Excl. Rights License
Non-profit and commercial use	Yes	Yes	Yes	Yes
Web and software/ screen use	Yes - 1200/ 800 px	Yes - 1200/ 800 px	Yes - no limit	Yes - no limit
Print use	Yes - 1 m2	Yes - 1 m2	Yes - no limit	Yes - no limit
Merchandise products use	No	Yes	Yes	Yes
Multiple use	No - 1 application	Yes	Yes	Yes
On demand use	No	Yes	Yes	Yes
Unlimited copies/ impressions/ units	No – 100.000 copies	No - 250.000 units	Yes	Yes
Templates and stencils use	No	No	Yes - 1200/ 800 px	Yes - no limit
Multi-station use	No – 1 station	No – 1 station	Yes - 10 stations	Yes - no limit
Logo use	Yes	Yes	Yes	Yes - exclusive
Modifications	Yes	Yes	Yes	Yes
Thumbs use	Yes	Yes	Yes	Yes
World wide	Yes	Yes	Yes	Yes
Unlimited duration	Yes	Yes	Yes	Yes

 

Restrictions Summary

 

Not Permitted Uses and Restrictions	Standard License	Extended License	Ultimate License	Excl. Rights License
Ownership and copyright	No	No	No	-
Transfer or rent of granted rights	No	No	No	-
Reseller rights	No	No	No	-
Exclusive rights	No	No	No	-
Copy (except for backup)	No	No	No	-
Trademark use	No	No	No	-
Unethical use	No	No	No	-

 

 

Part I. Granted Rights and Permitted Uses

 

1. Non-profit and commercial use, worldwide, unlimited duration

When you purchase Images on www.professional-vector-art.com, PVA grants you by this Agreement a personal, unlimited in time license to use the images throughout the world in your personal/ non-profit as well as professional/ commercial work, for example but not limited to – for digital, screen and large format printing, vinyl cutting, engraving, wood and sign routing, glass etching, airbrush, plasma cutting, embroidery, rhinestone designs, scrapbooking, web design, software and gaming, video and flash animation and much more.

 

2. Multi-station use

With the SL and EL you can use the purchased Images on one single station at the same time. To use the Images on up to 10 stations at the same time the UL is required.

 

3. Multiple uses

You may use the purchased Images for different applications and in multiple projects by purchasing the EL or UL. With the SL you can use the purchased Images only for one application, for example – only for web design, only for software or only for printing as defined by this Agreement.

 

4. Unlimited copies/ impressions/ units

With the SL you may use the purchased Images to produce not more than 100.000 copies/ impressions in the aggregate and with the EL not more than 250.000. With the UL you can produce unlimited copies, impression or units.

 

5. Modifications

You may modify the purchased Images in order to align them to your needs. No matter how big the modification is, you have the same rights to the modified Image as to the original Image you have downloaded granted to you by this Agreement.

 

6. On demand use

To use an Image in any “on demand” product, you have to purchase the EL or UL. For the purposes of this Agreement, the term “on demand” means, that an item incorporating an Image is not printed or produced until an order for the product has been received, including but not limited to –prints, posters, postcards, business cards, t-shirts, wall tattoos, vehicle graphics and other items.

 

7. Thumbnails use

You may publish online i.e. in your online shop thumbnail previews of the purchased Images in JPG, GIF and PNG file format in appropriate low resolution for the purpose of protection of the images from unpermitted uses by third parties. The thumbnail previews may be not more than 450 pixels ; 72 dpi with watermark or 150 pixels ; 72 dpi without watermark.

 

8. Web and software/ screen use

You may incorporate the purchased Images in web design, software and gaming design, in film and video products, in emails, in multimedia presentations and eBooks, provided that no Image is displayed at a resolution greater than 1200 x 800 pixels. For larger resolution you have to purchase the UL.

 

9. Print uses

You can use the purchased Images for print on paper and other mediums including but not limited to prints, posters, postcards, billboards, advertising and tradeshow signage, magazines, newspapers, books, book covers, textbooks, packaging, letterhead, business cards, brochures and catalogs, provided that the surface area of any single Image used do not exceed 1 m2. For larger applications a purchase of the UL is required.

 

10. Merchandise products use

For producing tangible products, for example t-shirts, wall tattoos, vinyl stickers, vehicle graphics, mugs, hats, mouse pads and other merchandise items etc. is the EL or UL required.

 

11. Templates and stencils use

If you want to create with the Images airbrush, screen print or other kind of stencils for resale or to incorporate the Images into electronic templates such as website templates, document and presentation templates, electronic greeting cards, content management software or similar products you have to purchase the UL provided that the Images are used at a resolution no greater than 1200 x 800 pixels.

 

12. Logo and trademark use

If you want to use Images to create logos that have to be registered, you have to purchase the ERL, which is available mainly for ready to go Logos. You can use all other Images to create logos but these logos can`t be registered as trademarks, because the Images are being used by many other members and there is no copyright or ownership transfer to you.  

 

 

Part II. Not-permitted Uses, Restrictions and Limitations

 

You may not use an Image other than as specified in PART I.

 

1. Ownership and copyright

When you make a purchase on the Site, you are actually purchasing licensed rights to use the Images. The images itself remain the property of PVA and its licensors (‘Contributors’) and no title to or intellectual property rights to the images or the disc are transferred to you (except Logos with the Exclusive Rights License). PVA and/or its Contributors reserve all rights not expressly granted to you by the terms of this Agreement.

 

2. Transfer/ rent of granted rights, reseller rights, exclusive rights

When you purchase Images on www.professional-vector-art.com, PVA grants you by this Agreement a personal, non-exclusive and non-transferable right (except Logos with the Exclusive Rights License) to use the Images, subject to the restrictions contained herein.

Only you the purchaser are licensed to use the content. You may not resale, rent, transfer, sublicense or grant any rights to the images, or any compilation, derivative or collective work containing such images to any other person or organization without a prior additional written agreement with PVA.You may however transfer Images to a third party for the purpose of delegating such third party the producing of your goods incorporating the Images, provided that such parties shall have no further or additional rights to use the Images.

Further you must take reasonable steps to ensure the purchased Images can`t be transferred, copied, stolen or fall in the possession of any third party.

 

3. Copies

You may make a copy of the content on not more than ONE additional data storage device only for back-up purposes.

If your company or organization needs additional copies of the CD/DVDs or you plan to use the Images on a network or on more than 10 computer stations simultaneously, you may purchase additional discs at a discount or license the content for a multi-user situation. Please e-mail us at office@professional-vector-art.com

 

4. Unethical use

You may not use the images in an unethical way – for example in an offensive, immoral, illegal or unlawful way. You may not use the images for pornography, adult entertainment like escort services or related or for promoting the consumption of tobacco, alcohol or other addictive substances as well as pharmaceutical products.

 

5. Additional rights

If you would like to discuss a specific project or purchase a Special Use License, please e-mail us at office@professional-vector-art.com 

Your failure to comply with the terms hereof could result in the immediate termination of your account and further legal consequences. Please be aware that we are serious about preserving the integrity of this License Agreement, and will take action to enforce it when necessary.

If you have any questions, please contact our customer service. We are glad to help. 

 

Last update 04.11.2013