License Agreement

This License Agreement shall be between you or your company, firm or other organization ("you") and Laifalight for downloading or using all graphics/art/patterns ("Resources"). This Agreement outlines the available licenses, rights and ownership details, and the permitted uses of each license.

Please read this License Agreement carefully. It contains important information regarding your legal rights, remedies and obligations and constitutes a binding agreement between you and Laifalight in the sale of "Resources" from the www.laifalight.com (the "site").

You acknowledge and agree that using or paying for any content from Laifalight shall bind you with all the terms of this Agreement. If you do not agree with any of the applicable terms, do not obtain or use any content from Laifalight. We encourage you to keep a copy of this Agreement for your records.

International copyright law protects all Resources by Laifalight. Your rights to use the Resources are subject to the following terms below, and are conditional when you make a purchase from Laifalight for the usage rights of the Resources. Laifalight reserves the right to make any changes to these Terms and License.

I. Key Definitions

"End Product" shall mean 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, but ensuring that no third parties are able to extract the original resource. You may modify or manipulate the Resource, or incorporate it into other content and make a derivative work from it. As between you and Laifalight, Laifalight will retain all rights, title, and ownership in the Resource, and the resulting derivative work is subject to the terms of this Graphics License, including Restrictions set out in Section IV.

"Intellectual Property" shall mean all property, intellectual, industrial design and moral rights of every kind and nature, including all applications thereof, including but not limited to copyrights, trademarks, service marks, trade names, trade dress, symbols, logos and designs, trade secret rights and registrations, initial applications, renewal extensions, continuations, divisions or reissues thereof.

"License" shall mean the non-exclusive (unless otherwise stated in the Invoice) non-sub licensable right Laifalight grants to you to use the Resources.

"License Fee" shall mean any sum or sums payable to Laifalight by you in respect of the License.

"Licensed Material" shall mean any still image, digital photo, audio product, visual representation generated optically, electronically, digitally or by any other means, including any negatives, transparencies, film imprints, prints, original digital files or any reproductions thereof, or any other product protected by copyright, trademark, patent or other intellectual property right, which is licensed to Laifalight under the terms of this Agreement. Any reference in this Agreement to the Licensed Material shall be to each individual item within the Licensed Material and also to the Licensed Material taken as a whole.

"Reproduction" shall include any form of copying or publication of the whole or part of any Image whether by printing, slide projection or other display (whether or not to an audience), electronic, digital or mechanical means, use as a reference by an artist or in an artist’s illustration or by any other means. Reproduction further includes the copying or distortion or manipulation of the whole or part of any Image (for example, by computer, electronically, digitally by an artist or by any other means), even though the resulting image or clip may not appear to a reasonable person to be derived from the original Image.

"Resources" shall mean all illustrations, graphics, art, patterns or the photos you have selected which are identified on the Invoice.

II. End Users License Agreement

Laifalight permits you a worldwide, non-transferable, non-exclusive, right to use the Resources in the following ways: (see Restrictions below for what is not permitted)

Laifalight grants to you a non-exclusive (unless otherwise stated on invoice), non-sub licensable and non-assignable right to reproduce the Image solely in the manner and for the purposes set out in the Invoice. When exercising this right, you must ensure any notice of copyright, trademark or other propriety right is not removed from any place where it is placed on or embedded in the Image.

III. Type of License

You may choose to license in either of the following ways:

A standard license, which allows you to use the resources for personal use (e.g., in a website, one personal social media account with non-commercial activities) for unlimited times. This license prohibits you from selling your End Products or use for another commercial projects.
A commercial license, which allows you to use the resources for your End Products (physical or digital) with lifetime sales not exceeding 5,000 units; for decoration in a Commercial Space; Out-of-Home Advertising.
An extended commercial license, which allows you to use the resources for your End Products with lifetime sales not exceeding 250,000 units.
Please contact me for a Custom license if Licensee requires greater quantities for Commercial use.

Images when utilized for editorial use only may be cropped or otherwise edited for technical quality, provided that the editorial integrity of the Image is not compromised and the truth of the image is maintained, but shall not, under any circumstances, otherwise be altered. You must retain the copyright symbol, the name of Laifalight, the Image’s identification numbers and any other information as may be invisibly embedded in the electronic files containing the original Image.

Use of the Image is strictly limited to the use, medium, period of time, territory and any other restrictions specified in the Invoice. You may utilize the Image in any production process that may be necessary for the intended use specified in the Invoice.

IV. 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. You agree to take all commercially reasonable steps to prevent third parties from accessing and/or duplicating the Resources.

- 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 have to include the credit adjacent to the product: Laifalight / www.laifalight.com

- Register as a trademark the Resources or the end product incorporating the Resources – not even logos. If you use the Resources to create a logo for yourself or a client, keep in mind that other customers/third parties can use the same Resources, even in another logo i.e. the Resources are non-exclusive.

- use the Resources in a pornographic, defamatory, fraudulent, lewd, obscene or otherwise illegal manner, including but not limited to infringing any third party intellectual property or privacy rights, whether directly or in context or by juxtaposition with other materials.

Moreover, the Resources shall not be used contrary to any restriction on use that is notified to you prior to or at the time of delivery. Such restrictions may be included in the information provided with the Licensed Material on the Site, in the Invoice, or in any other communication by Laifalight. Any such restriction provided to you shall be incorporated in this Agreement by reference.

V. Copyright

No ownership or copyright in any Licensed Material shall pass to you by the issuance of the license contained in this Agreement. Except as expressly stated in this Agreement, Laifalight grants you no right or license, express or implied, to the Image.

You acknowledge that all right, title and interest in and to the Image, including, without limitation, any and all trademark, copyright and any other Intellectual Property rights therein remain with Laifalight, and nothing contained herein shall be construed to convey any rights or propriety interest in the Image other than the specific rights granted in Section II herein.

Laifalight, after reasonable notice, may inspect any records, accounts and books relating to the reproduction of any of the Image to ensure that the Images are being used in accordance with this Agreement.

VI. Warranty and Limitation of Liability

Laifalight guarantees that should any Image have defects in material or workmanship and these are notified in writing to Laifalight within thirty (30) days from the date of delivery of the Image, then Laifalight will either replace the Image with another digital copy of the Image free from defect or refund the License Fee paid by you to the extent attributable to the defective Image, at Laifalight’s option.

Laifalight makes no other warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Laifalight shall not be liable to you or any other person or entity by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this Agreement for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Laifalight, its servants or agents or otherwise) which arises out of or in connection with this Agreement, even if Laifalight has been advised of the possibility of such damages, costs or losses.

Laifalight’s maximum liability arising out of or in connection with your use of or inability to use the Image (whether in contract, tort or otherwise) shall, to the extent permitted by law, be limited to 1 times the value paid by you for the relevant Image.

The terms of the immediately preceding clause shall not preclude any liability or claim arising from willful default or gross negligence on the part of Laifalight or any of its employees, agents or otherwise. Each provision of this clause is to be construed as a separate limitation (applying and surviving even if for any reason one or other of such provisions is held to be inapplicable, unreasonable or unenforceable in any circumstances) and shall remain in force notwithstanding the termination of this Agreement.

VII. Confidentiality

Except as required by law both parties shall procure that all confidential information disclosed by one party to the other in accordance with this Agreement or which may at any time until termination of this Agreement come into the other party’s knowledge, possession or control shall not be used for any purposes other than those required or permitted by this Agreement and shall remain confidential and shall not be disclosed to any third party except insofar as this may be required for the proper operation of this Agreement and then only under appropriate confidentiality provisions approved by the other party.

For the purposes of this Agreement, confidential information shall include without limitation that relating to the business of a party, its business systems, pricing, trade secrets, business processes and client and supplier lists. These obligations of confidentiality shall cease to apply to any particular item of confidential information once it becomes public knowledge other than by any act or default of either party.