Licensing

Please Note: By purchasing, downloading, installing and/or using RuleByArt Stock Art you, the licensee (the “Licensee”) agree to be bound by the conditions specified in this license agreement (the “License Agreement”. If you do not accept the conditions set forth in this License Agreement then you are not permitted to purchase, download, install or use RuleByArt Stock Art in any way shape or form. RuleByArt Stock Art is licensed to you solely for your own use, and it remains the sole intellectual property of Robert Marks, operating as RuleByArt (“RuleByArt”). RuleByArt Stock Art files includes digital, machine-readable, scalable data, and is supplied to you by RuleByArt for your usage only. You are purchasing a license and not media. By purchasing, downloading, installing and/or using RuleByArt Stock Art, you acknowledge having read this License Agreement and agree to be bound by the terms and conditions specified herein.

RuleByArt reserves all rights not expressly granted to you under this License Agreement. RuleByArt Stock Art is licensed to you solely for your own business or personal use, and it remains the intellectual property of RuleByArt . RuleByArt Stock Art contains files with digital, machine-readable, scalable data, and is supplied to you by RuleByArt for your usage only.



1

UPON FULL PAYMENT OF THE STANDARD LICENSE, YOU, The LICENSEE, ARE GRANTED

1.1 A non-exclusive, single user right to use the RuleByArt Stock Art on up to two (2) individual computers. If the RuleByArt Stock Art is installed on more than two (2) individual computers, an Extended License must be acquired for the applicable number of additional computers. This additional Extended License is available on the product page of RuleByArt’s website. All Extended Licenses and their applicable conditions are listed in the chart in section 2 below. RuleByArt does not guarantee that the RuleByArt Stock Art will work adequately on all computers or with all operating systems.
1.2 The right to make additional backup copies of the RuleByArt Stock Art for the exclusive purpose of data backup. You can only keep backup copies of the RuleByArt Stock Art in the cloud, locally on a desktop, laptop or mobile device, or on a studio server, if you, as the single licensee of the RuleByArt Stock Art are the only person who maintains the backup copies. The backup copies cannot be accessed or managed by more than one user. You cannot make RuleByArt Stock Art available to others in any way, including as a downloadable file, an email attachment, MMS message or via any other electronic method that exists now or in the future.
1.3 One (1) additional usage (installation) on a personal or portable computer if the RuleByArt Stock Art is intended to be used for commercial purposes and only if utilized in the physical location of a third party such as a commercial printer or similar service company.
1.4 The right to transfer a copy of the RuleByArt Stock Art to a commercial printer or similar service company, for the exclusive purpose of outputting specific file types In the event of any further visual modification by the Licensee of the RuleByArt Stock Art by such a service company, the service company is required to purchase its own applicable license from RuleByArt. As the original licensee, you must inform the commercial printer/service company about this requirement.


2 PERMITTED USAGE FOR THE STANDARD LICENSE VS. THE EXTENDED LICENSE
2.1 The Extended License must be purchased when certain conditions are met as defined and listed in the chart below and in this License Agreement. The Extended License is subject to the same terms contained in this License Agreement applicable to the Standard License once the Extended License conditions have been met. Once the thresholds of the Extended License are met, the Licensee must purchase the Extended License (subject to a credit for the difference between the Extended License price and the Standard License price).

TYPES OF PERMITTED USAGE

STANDARD LICENSE EXTENDED LICENSE
Advertisement designs for online or mobile use, newspapers, magazines, and/or other printed or digital materials with the exception of any items that are for sale as defined below. Yes (Not Required)
In-house multimedia, interactive and video presentations. Yes (Not Required)
Printed promotional media that is not for sale. This includes product packaging, catalogues, brochures, seasonal greeting cards, post cards, flyers, and posters.

Yes, Maximum of 9,999 units

Required for 10,000 or more units.
Designs used for physical media including CDs, CD packaging, DVDs, DVD packaging, printed books, book covers, commercial films, movies, and theatrical presentations.

Yes, Maximum of 9,999 units

Required for 10,000 or more units.
Editorial media including printed magazines, newspapers, editorials, and newsletters.

Yes, 9,999 units maximum

Required for 10,000 or more units.
Creating products for sale. This includes, but is not limited to, prints, posters, calendars, stationery, clothing, t-shirts, hats, video games, etc. NOT COVERED Required for any number of units
Electronic design templates for sale. This includes, but is not limited to, website templates, application templates, business cards, brochures, greeting cards, etc. NOT COVERED Required for any number of units

3 PROHIBITED USES OF RULEBYART STOCK ART:

You, the Licensee, are prohibited from using the RuleByArt Stock Art for any of the following usages:

3.1 Use unaltered RuleByArt Stock Art to create a trademark, logo, design-mark, business name or service mark.
    3.2 Use RuleByArt Stock Art for “print-on-demand” products and/or services. – Please contact info@RuleByArt.com to discuss.
      3.3 Make RuleByArt Stock Art available to other people or computers in any way including as a downloadable file, an email attachment, mms message or via any other electronic method in existence now or in the future.
        3.4 Modify, adapt, translate, rent, lease, resell, distribute, produce, reverse engineer, decompile, disassemble, re-digitize or create derivative works based on the RuleByArt Stock Art for any reason including to make available as editable files.
          3.5 Use altered or unaltered RuleByArt Stock Art in any way shape or form on any (including your own) stock media site.


              4 PROPRIETARY RIGHTS AND OBLIGATIONS

              RuleByArt Stock Art is the property of RuleByArt. You agree not to modify RuleByArt Stock Art or use it to create altered or combined Stock Art made available to others as editable stock art or as any other product. You will not make or have made, or permit to be made, any copies of the RuleByArt Stock Art, documentation, or any portions thereof, except such copies as are necessary for the installation and use of the RuleByArt Stock Art in accordance with the terms of this License Agreement. Any such copies of the RuleByArt Stock Art shall contain the same propriety notice which appears on or in the RuleByArt Stock Art.

              5 ASSIGNMENT

              RuleByArt Stock Art is the property of RuleByArt. You agree not to modify RuleByArt Stock Art or use it to create altered or combined Stock Art made available to others as editable stock art or as any other product. You will not make or have made, or permit to be made, any copies of the RuleByArt Stock Art, documentation, or any portions thereof, except such copies as are necessary for the installation and use of the RuleByArt Stock Art in accordance with the terms of this License Agreement. Any such copies of the RuleByArt Stock Art shall contain the same propriety notice which appears on or in the RuleByArt Stock Art.

              6 EXCLUSION OF OTHER USAGE

              With exception only to the provisions listed in sections 1.3, 1.4 and 5 of this License Agreement, selling, lending or otherwise transferring the RuleByArt Stock Art to any third party or parties is strictly prohibited. In addition, transferring the RuleByArt Stock Art as a component or sub-component of other products, e.g. electronic documents or sub-licenses, to a third party or parties is also strictly prohibited.

              Furthermore, the Licensee agrees not to modify, adapt, translate, rent, lease, resell, distribute, produce, reverse engineer, decompile, disassemble, re-digitize or create derivative works based on the RuleByArt Stock Art made available as editable files.


              7 EXCLUSIVITY

              RuleByArt retains title and ownership of the RuleByArt Stock Art and all subsequent copies of the RuleByArt Stock Art, regardless of the form or media in or on which the original and other copies may exist. Except as stated above, this License Agreement does not grant you any rights to trademark or claim any other intellectual property rights to the RuleByArt Stock Art. In the event your use of the RuleByArt Stock Art is found to infringe on the intellectual property rights of any third party, in any jurisdiction, you will immediately cease any and all use of said RuleByArt Stock Art in such jurisdiction, or you will secure any and all additional rights necessary for such use in such jurisdiction.


              8 TERM

              This License Agreement is effective until terminated by RuleByArt. RuleByArt has the right to terminate your license immediately and at any time if you fail to comply with any term of this License Agreement and for any other reason, at its sole discretion. In addition, RuleByArt reserves the right to claim punitive damages. Upon such termination you will destroy the original and any copies of the RuleByArt Stock Art and related documentation and cease any and all use of the RuleByArt Stock Art.


              9 LIMITED WARRANTY

              RuleByArt warrants that the RuleByArt Stock Art delivered to you is free of defects in workmanship and manufacture for a period of ninety (90) days from the date of delivery to you as evidenced by a physical or digital copy of your transaction email. If failure of any physical media results from accident, abuse, or misapplication of the RuleByArt Stock Art, RuleByArt shall have no responsibility to replace the physical media.

              EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE RULEBYART STOCK ART AND DOCUMENTATION ARE PROVIDED ‘AS IS.’ RULEBYART DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE RULEBYART STOCK ART OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR RULEBYART'S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, RULEBYART MAKES NO WARRANTIES EXPRESSED OR IMPLIED AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE. RULEBYART DOES NOT MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.


              10 LIMIT OF LIABILITY

              In no event shall RuleByArt be liable to the Licensee for consequential or incidental damage (including damage from loss of business profits or savings, business interruption, loss of business information, and the like) or for claim by any party arising out of the use of or inability to use the RuleByArt Stock Art, even if RuleByArt has been advised of the possibility of such damage.


              11 INDEMNIFICATION

              The Licensee agrees to indemnify and hold RuleByArt and RuleByArt's suppliers harmless from and against any claims or damage which may result from the Licensee’s breach of this License Agreement.


              12 REVISIONS

              This license may be amended from time to time, without notice to the licensee. The latest version of the license will be available on RuleByArt’s website and will apply to any ongoing License Agreement.


              13 LAW

              This License Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada, applicable therein.


              14 INDEPENDENT ADVICE

              The Licensee has read and understands all of this License Agreement. The Licensee acknowledges that Licensee has had the opportunity to seek independent legal advice with respect to the Licence Agreement and confirms that the Licensee agrees to be bound by this License Agreement freely, voluntarily and without duress.