GRAPHIC ASSETS LICENSE OVERVIEW

This license refers to the use of Digital Art Junky LLC software tools including digital brushes, stamps, swatches, color palettes, and texture images (collectively "Graphic Assets").

WHO IS THIS LICENSE FOR?

Individuals, freelancers, creative agencies, and organizations with less than 250 million USD in annual revenue.

HOW MANY PEOPLE CAN USE A PURCHASED PRODUCT?

The number of users allowed is equal to the number of users chosen at the time of purchase on the product page. This is displayed on your receipt as the product quantity.

HOW MANY DEVICES CAN IT BE USED ON?

Each user can install or use the Graphic Assets on up to two devices for use by the same user (e.g., a desktop at the studio and a laptop or iPad for home or travel).

ARE STAMPS ALLOWED TO BE PURCHASED FOR COMMERCIAL USE?

Digital Art Junky Stamps may not be used in products created for commercial use. The use of Digital Art Junky Stamps is restricted to non-commercial projects and is expressly prohibited in any products intended for sale, resale, or other commercial purposes.

ALLOWED USES (FOR GRAPHIC ASSETS NOT INCLUDING STAMPS)

✔ Print and digital publishing projects, including comics, book covers, magazines, editorial illustrations, and picture books.

✔ Music packaging in physical and digital formats.

✔ Social media content for personal, company, and client use.

✔ Branding, logos, stationery, posters, and signage.

✔ Creation of digital stock illustration & photography for sale, including NFT's.

✔ Art projects and personal work.

✔ Physical end products offered for sale, such as homewares, apparel, product packaging, art-prints, greeting-cards, posters, etc. (up to 250,000 units).

✔ Video advertising (up to 500,000 lifetime views).

✔ Use in broadcast, film, and streaming content (up to 500,000 lifetime views).

✔ Print and outdoor advertising (local & national campaigns).

✔ Desktop, web, mobile, and video game applications (single app).

USES REQUIRING AN EXTENDED LICENSE

(!) Use by organizations or subsidiaries thereof with annual revenue of more than $250 million USD.

(!) Global or international print advertising campaigns.

(!) Embedding in create-on-demand or design-it-yourself software or services (individuals selling finished artwork or products for sale on print-on-demand sites OK).

(!) Any use over the limits described in the Allowed Uses section above.

Need an extended license or additional usage limits? Contact Digital Art Junky, LLC.

USES NOT PERMITTED

✘ Sub-licensing, resale, sharing, transfer, or redistribution either for free or payment.

✘ Installation into apps other than the app the Graphic Assets are designed for.

✘ Distribution via any physical or internet-connected storage device, cloud service, or file-sharing website either for free or payment.

✘ Reverse-engineering and/or use of a Digital Art Junky, LLC product to create a similar product offered for free or for sale.

View Full Terms Below.

The above overview is provided for your convenience. Additional terms and conditions are contained within the full End-User License Agreement below.

GRAPHIC ASSETS END-USER LICENSE AGREEMENT

This End-User License Agreement ("EULA") is a legal agreement between you and Digital Art Junky, LLC governing the terms of use of the digital content including software add-ons, brushes, swatches, color palettes, graphic styles, actions, effects, templates, vector files, and texture images (collectively "Graphic Assets") that you are downloading or purchasing from Digital Art Junky, LLC, for yourself, your company, or your employer (hereafter collectively referred to as "you" or "The Licensee").

Please read this entire document before agreeing to be bound. By purchasing the Graphic Assets, you agree to the terms of this agreement.

The Graphic Assets licensed under this Agreement are supplied to you by Digital Art Junky, LLC for USAGE ONLY and remain the intellectual property of the designer(s) of the Graphic Assets. Digital Art Junky, LLC and/or the designer(s) reserve all rights not expressly granted to you under this Agreement. Upon purchase of the Graphic Assets, you are granted a non-exclusive, terminable, and non-transferable license to use the Graphic Assets per the following terms and conditions. You may not exceed the scope of this License.

1.0 END-USERS, DEVICES AND COMPATIBILITY

1.1 - END-USER

Individuals and legal entities (companies) as indicated at the time of purchase.

1.2 - NUMBER OF END-USERS AND DEVICES

Use of the Graphic Assets is explicitly limited to the number of Users selected at the time of purchase and displayed on your receipt as the product quantity.

For example:

Product A x 1 = 1 user Product A x 2 = 2 users

You must purchase a license that covers each user who will install or use the Graphic Assets. Each user can install or use the Graphic Assets on up to two devices (e.g., an office desktop plus a laptop or iPad), providing that the Graphic Assets are used only by the same user on both devices.

If you are a company purchasing a multi-user license for your employees, your employees must use the Graphic Assets subject to the terms of this Agreement. You must notify all employees who will use the Graphic Assets of the terms and conditions of this Agreement, and you are responsible for any misuse of the Graphic Asset(s) by your employees.

1.3 - USE BY LARGE BUSINESSES, CORPORATIONS, AND LEGAL ENTITIES

Companies, organizations, and employees thereof generating more than $250 million USD annual revenue are not permitted to use the Graphic Assets without purchasing an extended license.

To obtain a quote for an extended license, contact Digital Art Junky, LLC here.

1.4 - DEVICE COMPATIBILITY

You are responsible for ensuring your device(s) meet the minimum requirements to install and use the Graphic Assets.

Installable Graphic Assets such as Brushes, Actions, Patterns, Graphic Styles, Macros, Swatches, and Color Palettes may only be installed in apps the product is designed for and expressly indicated on the product page at the time of purchase. For example, Photoshop brushes are licensed for use only in Adobe Photoshop and compatible Adobe iPad applications and may not be installed in any other app such as Gimp, Krita, Pixelmator, Affinity, or Procreate, even where such apps are theoretically compatible with the Installable Graphic Assets.

Image-based (bitmap) Graphic Assets such as texture images (.jpg .tif and .psd files) may be used with any compatible application. Digital Art Junky, LLC does not warrant compatibility with applications other than those versions indicated on the Graphic Assets individual product pages.

USAGE

This Agreement permits both commercial and non-commercial use.

"Commercial" use is any use: (a) that involves an exchange of money or other consideration, (b) that promotes a business, product, or service, or (c) where financial gain or other consideration is either sought or a result, directly or indirectly, of Licensee's use of the Graphic Asset.

"Non-commercial" use is use for solely personal purposes; any use that meets the definition of "Commercial use" can not be a Non-commercial use.

Use of the Graphic Assets in the creation of printed and digital design works, rasterized images for websites, and otherwise for your personal use is permitted. If you design or create works for third parties, such as clients, you are considered a "Designer" and you may use the Graphic Assets to design or create design works for third parties, subject to the uses and limitations described in this Agreement, and providing that you notify those third parties of those obligations and restrictions in writing.

You may not allow any third party to use your copy of the Graphic Assets.

2.0 PERMITTED USES

You may use the Graphic Assets for commercial and non-commercial uses within the limitations described below.

2.1 - Create Physical End-Products: You may use the Graphic Assets to create physical end-products for free or for sale, including, but not limited to, apparel, greeting cards, stationery, stickers, mugs, stamps, homewares, posters, signs, etc. up to a combined limit of 250,000 units.

2.2 - Physical Product Packaging: Licensee may create physical packaging products used for resale or wholesale, including but not limited to, boxes, labels, jars, stickers, containers, etc., up to a combined limit of 250,000 units.

2.3 - Digital Product Packaging: Licensee may create unlimited digital packaging such as digital book covers, podcast covers, audiobook covers, and music album covers.

2.4 - Digital designs: Licensee may create unlimited digital works for clients or for resale such as static designs, static website elements, graphics, graphs, illustrations, etc.

2.5 - Stock Illustrations: Licensee may create unlimited digital stock illustrations, graphics, photos, designs, and artworks for resale, including NFT's. Any live or editable Graphic Assets such as vector brush strokes or effects layers must be outlined, flattened, or rasterized in the work for sale. Licensee is not permitted to embed or supply the Graphic Assets to the end-user or client with the finished work.

2.6 - Logos & Branding: Licensee may create unlimited logos, branding, and collateral such as logos, letterheads, business cards, promotional materials, and signage. Licensee is not permitted to supply the Graphic Assets to the end-user or client with the finished design.

2.7 - Print and Digital Publications: Licensee may use the Graphic Assets to create unlimited print or digital publications such as magazines, newspapers, novels, flyers, comics, picture books, physical music packaging, record covers, or e-books.

2.7 - Social Media: Licensee may create unlimited content for personal, individual, Licensee-owned and/or client-owned and managed company social media accounts.

2.8 - Physical (Printed) Advertisements in Local and National Markets: Such as billboards, signage, printed advertisements, etc. for commercial use. "Local" markets are defined as any distribution or display of advertisements within a 200-mile / 320km radius within the borders of a single nation/country. "National" markets are defined as the distribution or display of advertisements beyond a 200-mile / 320km radius within a single nation/country.

Printed Advertisements in Global markets or in markets comprising two or more countries require an extended license. Request a quote here.

2.9 - Digital Banner Advertisements: Unlimited internet banner advertisements such as advertisements served by Google Ads, Bings Ads, Facebook Ads, Linkedin Ads, etc.

2.10 - Video Advertisements for Commercial Use or Non-Commercial Use: Broadcast, cinema and/or streaming via network, cable, internet, satellite, pay-per-view, video on demand, digital billboards, and social media platforms allowed up to a limit of 500,000 lifetime views.

2.11 - Content for Film, Broadcast & Streaming: such as motion picture and /or audiovisual works, entertainment, music videos, documentaries, and TV series via broadcast, cinema and/or streaming via network, cable, jumbotrons, video-billboards, gas-pump screens, internet, satellite, pay-per-view, cinema, video on demand, and social media platforms allowed up to a limit of 500,000 lifetime views.

2.12 - Rasterized Graphics displayed on Websites, Software Apps, Mobile Apps, Desktop Applications, and Video Games: Licensee may use the Licensed Asset solely in a non-embedded, static, rasterized (bitmap) form in an unlimited number of mobile or desktop applications, websites, or video games.

3.0 PROHIBITED USES

3.1- Resale, Distribution or Sub-Licensing the Graphic Assets or any modification of it in source file form is strictly prohibited. (e.g., as a stock asset or template).

3.2- Making public or distributing the Graphic Assets in any way that allows others to download, extract, copy, save or redistribute the Graphic Assets is prohibited.

3.3 - Reverse-engineering, decompiling, disassembling, modifying, adapting, or otherwise attempting to re-create the Graphic Assets in order to create a similar product offered for free or for sale is prohibited. For example, you may not modify a purchased Photoshop Brush in order to create a new brush to be offered for free or for sale for use in Photoshop or any other app. Licensee is permitted to modify customizable or editable Graphic Assets settings for the purpose of using the Graphic Asset in accordance with the intended uses permitted in this Agreement.

3.4 - Embedding of editable Graphic Assets or supplying source files with editable templates, whether distributed for free or for sale is prohibited. This includes but is not limited to downloadable or installable website templates, presentation templates, logo-templates, social media image templates and legal document templates.

3.5 - Use in Personalized Create-On-Demand services: Any use that allows anyone other than the Licensee to customize digital or physical end products using the Graphic Assets is prohibited. This includes, but is not limited to, "print-on-demand", "made-to-order", "download-on-demand" and "design-it-yourself" applications and services. An extended license may be available upon request.

3.6 - Embedding in Software or Electronic Devices: Embedding the Graphic Assets into software applications, games, computer hardware, mobile devices and games consoles is prohibited.

3.7 - Use of the Graphic Assets as singular works: Textures, patterns, and images that are part of the Graphic Assets are not permitted to be used as the sole design element in any design work, illustration, logo or on a product for sale such as a coffee cup, t-shirt, greeting card, etc.

3.8 - Falsely representing authorship and/or ownership of the Graphic Assets is strictly prohibited.

3.9 - Use in future technologies not yet in existence is excluded from the scope of this License.

3.10 - Use of the Graphic Asset in illegal, harassing, threatening, fraudulent, or defamatory material, is strictly prohibited, including but not limited to:

Material intended to cause physical or mental injury, emotional distress, death, disability, disfigurement, to any other person; Material that promotes racism, bigotry, hatred or physical harm to racial, sexual, religious or ethnic minority groups or individuals; Material intended to cause damage to any person or property; Material that seeks to harm or exploit children by exposing them to inappropriate content; Material that may constitute or contribute to a crime; Material containing information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, harassing, humiliating to other people (publicly or otherwise), libelous, threatening or otherwise objectionable.

3.11 Any other use that is not expressly permitted in this EULA is strictly prohibited.

4.0 ADDITIONAL PROVISIONS

4.1 - SOFTWARE BACKUP

You are permitted to keep a single backup copy of licensed Graphic Assets in the cloud, locally on a desktop, laptop or mobile device, or on a studio server provided you are the only party who maintains or has access to this backup copy.

4.2 - ASSET MANAGEMENT

Licensee, Digital Art Junky, LLC, may only upload the Graphic Asset to (i) a non-public server owned and controlled by Digital Art Junky, LLC or (ii) a non-public cloud storage service, cloud-based design app, or digital asset manager account controlled by Digital Art Junky, LLC. This usage is limited to the number of users governed by section 1.2 of this EULA.

4.3 - SERVICE PROVIDERS

Digital Art Junky, LLC is not permitted to sub-license or provide a copy of the Graphic Assets in their original form to any service provider or agents, such as a graphic designer, commercial printer, web developer, or independent contractor working on behalf of Digital Art Junky, LLC. Such service providers must purchase a license separately.

4.4 - REFUNDS

Refunds and exchanges are at the sole discretion of Digital Art Junky, LLC, in accordance with our Dig It Or It's Free Policy. If you wish to claim a refund, you must (a) certify that no copy of the Graphic Assets remains in your possession or control and (b) provide proof of a valid sale and a valid sales receipt from Digital Art Junky, LLC. All claims for a refund must be made within one (1) week of purchase and are at the discretion of Digital Art Junky, LLC.

4.5 - COMMERCIAL USE RESTRICTION

Licensee, Digital Art Junky, LLC, acknowledges and agrees that Digital Art Junky Stamps may not be used in products created for commercial use. The use of Digital Art Junky Stamps is restricted to non-commercial projects and is expressly prohibited in any products intended for sale, resale, or other commercial purposes. Any commercial use of Digital Art Junky Stamps requires a separate commercial license, which must be obtained from Digital Art Junky, LLC, through the appropriate channels.

5.0 IMPORTANT LEGAL PROVISIONS

5.1 - RIGHTS RESERVED

The Font Software and the design of the Font embodied therein are the exclusive property of Digital Art Junky, LLC, and/or the designer and are protected under both domestic and international copyright, trademark, and unfair competition laws. Licensee may not assert any ownership in the Graphic Asset itself nor any right to revenue from a collecting society in respect of photocopying, digital copying, or other secondary uses of the Graphic Asset. Any reference to the "purchase" or "sale" (or similar terms) of the Graphic Asset refers to the purchase of a limited license only and not the purchase of the underlying copyright or work itself. As a licensee, Digital Art Junky, LLC's ownership of the media and/or device on which the Graphic Asset is recorded, if any, is distinct from and does not grant any ownership right, title, or interest in and to the design of the Graphic Asset itself. Except as stated herein, this Agreement does not grant you any rights to trademark or any other intellectual property rights in the Graphic Asset.

5.2 - TERMINATION

Any breach of the terms of this Agreement shall be cause for termination of this License. In the event of termination, and without limitation of any remedies under law and equity, you agree to immediately return or destroy the Graphic Assets, at the discretion of Digital Art Junky, LLC, and certify that no copy remains in your possession or control.

5.5 - INDEMNIFICATION

You agree to defend, indemnify and hold Digital Art Junky, LLC, and their suppliers including any designers of the Graphic Assets harmless from and against any losses, damages, expenses, and costs, including reasonable attorneys' fees, from any claim by a third party arising from or related to your breach of this Agreement or your act, error, or omission.

5.6 - GOVERNING LAW

This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of the United States of America.

5.7 - GENERAL

You acknowledge that you have read this Agreement and understand it, and that by using the Graphic Assets, you will be bound by its terms and conditions. No variation of the terms of this Agreement or any different terms will be enforceable against Digital Art Junky, LLC, unless without its express written consent. In the event any collection or enforcement effort or any legal action is instituted by Digital Art Junky, LLC, to interpret or enforce this Agreement, you will be responsible for paying reasonable attorneys' fees incurred by Digital Art Junky, LLC. Digital Art Junky, LLC, expressly reserves the right to amend or modify this Agreement at any time and without prior notification.

5.8 - TRANSACTION FEES

All transactions are processed in the U.S. Your bank or financial institution may charge an international transaction fee even when a transaction is processed in your local currency.

Should you require any additional use that is not described within this Agreement, contact us.