Extended License information
All my products come with an Extended License as standard.
You may use the products to:
- To create a free end product or paid for end product
- To create unlimited number of personal projects
- To create unlimited number of commercial projects
You may not use them to:
- Sublicense, resell, share, transfer or otherwise redistribute the brushes (e.g. as stock, in a tool, app or template, with source file, and/or not incorporated into the End Product)
- Duplicate/rename/modify the brushes/fonts/add-ons for reselling purposes
- Use of the brushes/fonts/add-ons in projects for a company whose annual revenue is in excess of $25 million USD per annum
- The brushes, fonts and add-ons can only be installed on devices owned by you, for example your primary and secondary computers and mobile devices like and iPad, Android tablet or mobile phone
All brushes/fonts/add-ons by Ian Barnard are protected by United Kingdom copyright laws and treaties. Ian Barnard owns all rights, including the copyrights to the brushes/fonts/add-ons. Your rights to use the brushes/fonts/add-ons are subject to the terms stated below and are conditional upon you making payment to Ian Barnard for the usage rights of the brushes/fonts/add-ons.
This licence agreement (“Licence”) is a legal agreement between you (“Licensee” or “you”) and Ian Barnard (“Licensor”, “I” or “my”) for downloading, installing or using the graphics, add-ons and fonts (“Resources”).
You acknowledge that all intellectual property rights in the Resources anywhere in the world belong to the Ian Barnard, that rights in the Resources are licensed (not sold) to you, and that you have no rights in, or to, the Resources other than the right to use them in accordance with the terms of this Licence.
IMPORTANT NOTICE TO ALL USERS:
- By purchasing the right to use the Resources you agree to be bound to the terms and conditions of this licence. The terms of this licence include, in particular, limitations on liability in Section 4 of the agreement herein.
- If you do not agree to the terms of this licence, I will not license the Resources to you and you must discontinue the use of the Resources.
- By purchasing the right to use the Resources from any of my online shops you hereby consent to immediate performance of the contract and acknowledge that you will lose your right of withdrawal from the contract once the download or streaming of the digital content has begun.
END USERS LICENCE AGREEMENT
Ian Barnard hereby grants you a non-exclusive, non-transferable, worldwide right to use the brushes/fonts/add-ons in the following ways, subject to the limitations set out in “Restrictions”:1. End Product
You may use a purchased Resource in a new End Product as long as the End Product meets the following requirements:
- End Products must be significantly different than the original Resource. You must combine the Resources with other creative elements to ensure licensed Resources are 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 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 parties in a manner that allows for the extraction of the Original Resource.
- 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 250,000 units.
- 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 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 Ian Barnard, Ian Barnard will retain all rights, title, and ownership in the Resource, and the resulting derivative work is subject to the terms of this Graphics Licence, including Restrictions set out in Section 3.
2. For Brushes, Fonts and Add-ons, special terms apply:
Here, 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. You may use Brushes, Fonts and Add-ons in Multiple Commercial Projects and sell unlimited quantities of the End Product. Brushes, 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.3. Embedding
You may embed characters from the Resources into any document you send to third parties but such documents may be viewed and printed only (but not edited) by the recipients. You may not under any circumstances embed characters from the Resources into software or hardware products, online applications or tools in which the Resources will be used by the purchasers of such products, or from which the Resources can be extracted or transmitted.4. Restrictions
You may not:
- Sub-licence, 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. Uploading a Resource to a web site at a resolution that exceeds the display resolution of the intended viewing device will be deemed to be an attempt to redistribute the graphic. You agree to take all commercially reasonable steps to prevent third parties from accessing and/or duplicating the Resources. If you become aware of any unauthorised duplication or access of any of the Resources please notify me via email.
- Allow anyone, other than the Licensee, such as an end-user to customise a digital or physical end product, whether for Commercial use or Non-commercial use. It is prohibited that any user other than the Licensee has access to 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” application.
- 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: Ian Barnard / www.ianbarnard.co
- Make graphics/fonts/add-ons available to a third party on a digital asset management system, shared drive or the like for the purposes of sharing or transferring such graphic(s)/font(s).
- Resell a Resource directly, or within a wider design/product where the original Resource can be extracted in its original form in both digital and print format.
- Resell a website template whereby the embedded fonts, graphics or other Resources can be extracted. For example – web fonts or background textures could be extracted by a new customer, without them owning this original licence – this is not acceptable. This is acceptable when the template files are passed on to an individual client, although a licence will be required for both yourself and your client, to justify this.
- Resell a logo template, where the fonts or graphics are used in a stand-alone fashion (i.e., with no supporting elements, and not constituting a ‘wider, original design’). Using fonts in a stand-alone fashion for logos is acceptable for individual client projects and personal use, but not for templates sold en-mass. No source files are permitted to be supplied to the end-users, including layered files or PNG files that allows for easy extraction of the original Resource. A licence will be required for both yourself and your client should they need the editable/layered files.
- Use fonts or graphics within ebooks, or downloadable publications whereby the fonts or graphics can be extracted in their original form from this document.
- Use fonts or graphics to create alphabets or letterform related products, digital alphabets (alphas), adhesive stickers, embroidery letters, rubber stamps, die-cut products, or stencil products.
- Register as a trademark the Resource or the end product incorporating the Resource – not even logos. If you use the Resource to create a logo for yourself or a client, keep in mind that other customers/third parties can use the same Resource, even in another logo i.e. the Resource is non-exclusive.
- You acknowledge that the Resources has not been developed to meet your individual requirements and that it is, therefore, your responsibility to ensure that the facilities and functions of the Resources meet your requirements.
- You may not use Resources(s) 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), libellous, obscene, threatening, profane, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or is otherwise objectionable.
- Ian Barnard will not be liable or responsible for any failure to perform or delay in performance of, any of my obligations under this Licence that is caused by any act or event beyond my reasonable control, including without limitation failure of public or private telecommunications networks.
- I do not warrant that the operation of the Resources will be uninterrupted or error-free.
- You may not transfer your rights or your obligations under this Licence to another person or business without my express written consent.
- 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.
- Under no circumstances will I 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.
- Under no circumstances will I be liable to you or any third party for any events that are outside the reasonable control of myself – 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.
- This Licence, its subject matter and its formation, are governed by United Kingdom Copyright law, the Berne Convention and the Universal Copyright Convention.
- I 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 authorised by this Licence;
- You must immediately pay to me any sums due to me 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 than in your possession, custody or control and, in the case of destruction, certify to me that you have done so.
If you are unsure of anything or have any questions relating to the licence agreements, please feel free to contact me.