Last Updated: June 12, 2023
THIS LICENSE AGREEMENT ("Agreement") is made and entered into between FIGMENT v/Henrik Bjerregaard Clausen ("Licensor") and the user ("Customer") of Licensor's website ("Website") and digital products ("Product"). BY USING THE WEBSITE AND/OR PURCHASING THE PRODUCT, Customer ACKNOWLEDGES THAT Customer HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
1.1 The following definitions shall have the following meanings;
Means and henrikbc.gumroad.com
Means an image, texture, video, 3d model or file, in whatever form or format, downloaded from the Website.
Means the license set out in clause 2.
Means the permitted use of the Product set out in clause 3.
Means any person or entity who downloads the Product from the Website.
2. GRANT OF LICENSE
2.1 Licensor hereby grants to Customer a non-exclusive, non-transferable license to use the Product in accordance with the license tier purchased by Customer. Each license tier comes with specific terms and conditions that define the scope of use of the Product. The available license tiers are as follows:
This license allows Customer to use the Product on 1 computer or device, and is limited to 1 individual user. For personal and non-commercial use only.
Single User License
This license allows Customer to use the Product on 1 computer or device, and is limited to 1 individual user. Commercial use is permitted.
This license allows Customer to use the Product on up to 10 computers or devices, and is limited to up to 10 individual users within Customer's organization. Commercial use is permitted.
This license allows Customer to use the Product on an unlimited number of computers or devices, and is limited to use within Customer's organization. Commercial use is permitted.
This license allows Customer to use the Product within a single school or educational institution, and is limited to use by students and faculty within that school or institution. For personal and non-commercial use only.
2.2 You may only use the Product for those advertising, promotional and other specified purposes which are Permitted Uses (as defined below). Any use of the Product that is not a Permitted Use shall constitute infringement of copyright. All other rights in and to the Product, including, without limitation, all copyright and other intellectual property rights relating to the Product, are retained by Licensor.
2.3 The License is subject to certain restrictions:
2.3.1 only the Customer is permitted to use the Product. However, Customer is permitted to transfer the Product to clients, printers or service providers for their Permitted Use of the Product on behalf of the Customer.
2.3.2 Customer may install and use the Product in only one location at a time. Customer may, however make 1 backup copy of the Product. In case the Product is required to be in more than one location at a time, the Customer must purchase an additional license for each location.
2.3.3 Customer may only use the Product strictly in accordance with this License Agreement
3. PERMITTED USE
3.1 The Customer may use the Product for the following purposes:
3.1.1 Advertising, promotional and marketing; including printed materials, product packaging, presentations, film and video presentations including short and feature films, music videos, commercials, catalogs, brochures, promotional greeting cards and promotional postcards (ie. not for resale or license);
3.1.2 Educational purposes (non-profit);
3.1.3 Non-commercial publications; including online or electronic publications, including web pages;
3.1.4 Non-commercial illustration;
3.1.5 Entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations;
3.2 The License tiers set forth in clause 2.1 determines how many users are allowed to use the Product, and whether it can be used for commercial projects or if it is limited to personal non-commercial/school projects only.
3.3 The Product shall not be used otherwise than in accordance with the terms of this License Agreement.
3.4 If there is any doubt whether the use is a Permitted Use, Customer should contact Licensor through email@example.com for clarification.
4. PROHIBITED USE
4.1 Customer may not:
4.1.1 Use a Personal/School license of the Product for commercial or profitable projects;
4.1.2 Sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Product or the rights granted under this License Agreement;
4.1.3 Allow any reproduction of the Product unless it is authorized as a Permitted Use under this License Agreement;
4.1.4 Use any of the Product on or within any products for onward sale, license or profit making or commercial purpose;
4.1.5 Use any of the Product as part of a trademark, registered design or logo.
4.1.6 To the extent that source code is contained within the Product, reverse engineer, decompile, or disassemble any part of the Product.
4.1.7 Use any part of the Product in any obscene, immoral, infringing, defamatory or libelous way, or any other way that would be reasonably likely to bring any person or property reflected in the Product as well as Licensor into disrepute;
4.1.8 Use or allow or omit to prevent any of the Product to be used otherwise than in accordance with the Permitted Uses;
4.1.9 Allow any third person to use the Product (save as permitted in clause 3);
4.1.10 Use the Product in a way which would or could breach the rights of any third party;
4.1.11 Save as to clause 2.1 allow any person to use the Product;
4.1.12 Use or display the Product in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement.
5.1 Licensor retains all right, title, and interest in and to the Product, including all intellectual property rights. Customer acknowledges that it is obtaining only a limited license to use the Product and that no ownership rights are being conveyed to Customer under this Agreement.
6.1 If the Customer is in breach of clause 2.3 and subclauses, Licensor reserves the right to terminate this License Agreement.
6.2 If the Customer uses the Product for any commercial and/or profit making purpose not granted in the Permitted Use clause Customer shall be liable to Licensor for the royalties it would have received had Licensor hypothetically granted a license including the right to commercial/profitmaking purposes to the Customer.
6.3 Customer hereby agrees to fully co-operate with Licensor in any investigation relating to the possible illicit use of the Product and the Customer shall promptly provide full details of any relevant information requested by Licensor for this purpose.
7. LIMITATION OF LIABILITY
7.1 Licensor hereby warrants that it has made every effort to ensure that the Product free from any third party claims or restrictions. However no warrants are made that the Product is free from any third party claims and restrictions.
7.2 Licensor shall not be liable to the Customer for any direct or indirect consequential losses (which shall include without limitation loss of use of any works, loss of profit, loss of any contract or for any other indirect or consequential loss or damage which may be suffered as a consequence of using the Product) which the Customer may suffer or incur as a result of any claims, requests or restrictions imposed in connection with the use of the Product.
7.3 In the event of any dispute by any third party regarding the use of the Product Licensor shall be entitled to divulge the identity of the Customer to any third party who obtains a court order or other such direction for the release of such information by Licensor.
7.4 Licensor may in its absolute discretion offer any similar alternative Product free of charge to the Customer in the event that the original Product downloaded from the Website is withdrawn by Licensor or any third party.
7.5 Licensor’s entire liability under this License Agreement shall be limited to the price paid for the Product.
8.1 This Agreement will terminate automatically upon Customer's breach of any of its terms and conditions. Upon termination, Customer shall immediately cease using the Product and destroy all copies, derivative works and archives of the Product in its possession.
8.2 Licensor reserves the right to, at a later date, revoke or amend the License and replace the Product with an alternative for any reason. The Customer agrees not to use the replaced Product, and to take all reasonable steps to discontinue use of the replaced Product, which already exists.
9.1 The Customer shall indemnify and hold harmless Licensor against any and all claims, damages, costs, expenses, penalties and fines that Licensor may suffer or incur as a consequence of the Customer’s failure to fully comply with any requests, demands or restrictions rightfully made or imposed by any third party in connection with the use of any Product and/or part(s) thereof.
10. GOVERNING LAW
10.1 This License Agreement shall be governed by the laws of Denmark and any dispute in connection with this License Agreement shall be submitted to the exclusive jurisdiction of the Danish courts.
10.2 If any provision of this License Agreement is found to be contrary to law by a court of competent jurisdiction, such provision shall be of no force or effect; but the remainder of this License Agreement shall continue in full force and effect.
11. ENTIRE AGREEMENT
11.1 This Agreement constitutes the entire agreement between Licensor and Customer with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.
12.1 This Agreement may not be assigned or transferred by Customer without the prior written consent of Licensor.