This license agreement (License) is a legal agreement between you (Licensee or you) and Nebiarts (nebiarts.com) (Licensor, us or we) for the SVG, GIF and PNG images which have been purchased and downloaded by you.
IMPORTANT NOTICE TO ALL USERS
BY USING HOWSOEVER ANY OF THE IMAGES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE ANY OF THE IMAGES. WE WILL NOT LICENSE THE IMAGES TO YOU IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE. YOU MUST IMMEDIATELY DELETE THE SVG / GIF FILES AND NOT MAKE ANY USE HOWSOEVER OF THE IMAGES.
1. GRANT AND SCOPE OF LICENSE
1.1 In consideration of your agreeing to abide by the terms of this License, the Licensor hereby grants to you a perpetual non-exclusive, non-assignable, non-transferable license without the right to grant sub licenses, to use the images to create digital videos worldwide on the terms of this License.
A unique license key will be issued and delivered electronically via e-mail to you upon payment completion. Please check your Junk mailbox if you have not received one. If you have created an account on our site, the license key can also be retrieved via the My Account > License Keys menu.
1.2 With respect to the commercial images which is priced above $0, including those being on offer at $0, subject to the restrictions set out in Clause 2, you may:
(a) Download a copy of the purchased images up to five (5) times within three (3) weeks of the purchase date;
(b) install and use the Images for your personal purposes (if you are a consumer) or your business purposes (if you are a business) for the sole purpose of creating digital videos; and
(c) use, sell and commercialise howsoever any digital video created using the images under the terms of this License.
1.3 With respect to free images:
A royal-free license is granted to each free image downloaded from our website. Attribution in the form of a backlink to the image sale page url is required where explicitly stated on such pages.
2.1 Except as expressly set out in this License or as permitted by any local law or otherwise agreed in writing by the Licensor, you undertake:
(a) not to provide, resell, trade, swap, rent, lease, sublicense, loan or otherwise make available, the images in any form, in whole or in part to any person other than your employees without prior written consent from us;
(b) not to grant to any end user of a digital video made by you incorporating the images any right to resell or sub-license the digital video howsoever.
(c) to supervise and control use of the images and ensure that your employees and representatives use the images in accordance with the terms of this License; and
(d) to include the copyright notice of the Licensor on all entire and partial copies you make of the images on any medium.
2.2 If you require any further license of the images beyond the licence granted in clause 1, such as the right to use images in printed materials, you shall submit a written request to the Licensor. The Licensor shall consider such a request and shall, at entirely its own discretion, consider if any further license shall be granted and what the terms of that license should be including the appropriate license fee.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 You acknowledge that all intellectual property rights in the Images throughout the world belong to the Licensor, that rights in the images are licensed (not sold) to you, and that you have no rights in, or to, the images other than the right to use them in accordance with the terms of this License.
4. LIMITATION OF LIABILITY IF YOU ARE A BUSINESS USER
4.1 You acknowledge that the images have not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the images meet your requirements.
4.2 We shall not under any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the License for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss or corruption of data or information;
(e) loss of business opportunity, goodwill or reputation; or
(f) any indirect or consequential loss or damage.
4.3 Other than the losses set out in condition 4.2 (for which we are not liable), our maximum aggregate liability under or in connection with this License whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to the amount paid for the relevant images.
4.4 This Licence sets out the full extent of our obligations and liabilities in respect of the supply of the images. Except as expressly stated in this Licence, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the images which might otherwise be implied into, or incorporated in, this License whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
5. LIMITATION OF LIABILITY IF YOU ARE A CONSUMER USER
5.1 You acknowledge that the images have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the Images meet your requirements.
5.2 If you are a consumer, we only supply the images for domestic and private use. You agree not to use the images for any commercial or business purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
5.3 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this License or our negligence up to the amount specified in condition 5.4, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the License.
5.4 Our maximum aggregate liability under or in connection with this License whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to the amount paid for the relevant images.
6.1 We may terminate this License immediately by written notice to you if you commit a material or persistent breach of this License which you fail to remedy (if remediable) within 14 days after the service on you of written notice requiring you to do so.
6.2 Upon termination for any reason:
(a) all rights granted to you under this License shall cease;
(b) you must cease all activities authorised by this License; and
(c) you must immediately delete or remove the images from all computer equipment and/or other equipment in your possession and certify to the Licensor that you have done so.
6.3 For the avoidance of doubt, digital videos created under the terms of this License prior to termination of this License shall continue to be authorised derivative works.
7. COMMUNICATIONS BETWEEN US
7.1 If you are a consumer, if you wish to contact us in writing, or if any condition in this License requires you to give us notice in writing, you can send this to us by email to [email protected] or by using our contact form. We will confirm receipt of this by contacting you by email.
7.2 If we have to contact you or give you notice in writing, we will do so by email or by prepaid post to the address you provide to us in your order for the images.
7.3 If you are a business customer, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
8. OTHER IMPORTANT TERMS
8.1 We may transfer our rights and obligations under this License to another organisation, but this will not affect your rights or our obligations under this License.
8.2 You may only transfer your rights or your obligations under this License to another person if we agree in writing.
8.3 If you are a business customer, this License and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this License or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this License or any document expressly referred to in it.
8.4 If we fail to insist that you perform any of your obligations under this License, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
8.5 Each of the conditions of this License 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.
8.6 If you are a consumer, please note that this Licence, its subject matter and its formation, are governed by the law. You and we both agree to that the courts will have nonexclusive jurisdiction.
8.7 If you are a business customer, this License, its subject matter and its formation (and any non-contractual disputes or claims) are governed by the law. We both irrevocably agree to the exclusive jurisdiction of the courts.