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License & Faqs
COMMERCIAL LICENSE(Non-Exclusive) | EXTENDED COMMERCIAL LICENSE(Non-Exclusive) |
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EXCLUSIVE LICENSE | |
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LICENSE AGREEMENT
This license agreement (“License”) is a legal agreement between you (“Licensee” or “you”) who is the individual person indicated as the licensee during the purchase process or that person’s employer if that person is acting on the employer’s behalf and with the employer’s authorization and Tashi Tsering, NIE : Y3832708W (“Licensor”, “I” , “We” or “my”), the owner of this website, for downloading, installing or using the Patterns/Graphics (“Design”, “Designs”, “Print” or “Prints”).All Designs by Tashi Tsering are protected by Spanish copyright laws and treaties. Tashi Tsering owns all rights, including the copyrights to the Designs. The Licensee acknowledges that by completing the purchase process of any design and/or checking “agree”, Licensee has read the entire license agreement and agrees to the terms of the Licences. If you do not agree to the terms of this license, you do not have the right to use any of the designs available to be licensed on www.tashistudio. The terms of this licence include, in particular, limitations on liability in Section 4 of the agreement herein.We offer three types of Licenses – Commercial, Extended Commercial and Exclusive License and the one selected at the time of purchase applies to the licensee´s use of the licensed Designs. Tashi Tsering reserves the right to make changes to these terms of the License agreement.IMPORTANT NOTICE :
- • By purchasing the right to use the designs from this website, you hereby consent to immediate adherence of the license agreement and acknowledge that you will lose your right of withdrawal from the contract once the resources has begun to download or has been downloaded.
END USERS LICENCE AGREEMENT
Commercial and Extended Commercial License
Tashi Tsering hereby grants you a non-exclusive, non-transferable worldwide, right to use the Designs in the following ways, subject to the limitations set out in “Restrictions”:
1. End Product
You may use a purchased Design in a new End Product as long as the End Product meets the following requirements:
- 1.1 End Products must not be used or sold in a way that is directly competitive with the original Designs you purchased. End Products must not redistribute the original Designs or any of its parts/elements to any third parties in a manner that allows for the extraction of the original design elements.
- 1.2 You may use the Designs in multiple personal or commercial Projects that could consist of several End Products – a Project is defined as a complete and cohesive undertaking that may result in one or more End Products. Any End Product included in a Project must be directly related under a single concept. (An example of One Project with many End Products would a Branding kit with letterheads, envelopes, business cards and few other items).
- 1.3 In case of Commercial license, the lifetime sales of the End Product for Sale must not exceed 1000 units. If the end Product for Sale under commercial license exceeds 1000 units, you can either purchase another Commercial Licence or an Extended Commercial Licence.
- 1.4 In case of use of the Designs on Wallpapers and Textiles/fabrics, the lifetime sales of the End Product for Sale must not exceed 1200 metres in length in the case of Commercial license. If it exceeds 1200 metres, you can either purchase another Commercial Licence or an Extended Commercial Licence.
- 1.5 The total number of physical end products for sale includes all products from a single or multiple projects put together.
- 1.6 An End Product For Sale can only be a physical item that you and/or your client intend to sell to more than a single person for any type of fee or charge. You may NOT sell a digital End Product that makes use of the Designs.
- 1.7 Whilst we make all reasonable attempts to exclude viruses from the Licensed Design, we cannot ensure such exclusion and no liability is accepted for viruses. Thus, you are recommended on receipt to thoroughly scan the downloaded Design and insure yourself against any associated risk.
- 1.8 You may modify or manipulate the Designs in terms of recomposition or change colors. As between you and Tashi Tsering, Tashi Tsering will retain all rights, title, and ownership in the Designs, and the resulting derivative work is subject to the terms of this Licence terms, including Restrictions set out in Section 3.
- 1.9 Derivative designs from a particular design used on an end product will also add to the total lifetime sales of the end products of that particular purchased design.
2 Design Management
- 2.1 Licensee may only upload the Licensed Designs to (i) a server owned and controlled by Licensee or (ii) a cloud storage service, cloud-based design app, or digital asset manager, account controlled by Licensee, in each case for use of the Licensed Designs by Licensee only, as permitted herein.
3 Restrictions
You may not:
- 3.1 Sub-licence, resell, redistribute, provide access to, share or transfer any of the Designs, (e.g. as stock, in a tool or template, with source files, and/or not incorporated into an End Product) under any circumstances, not even for free.
- 3.2 Upload any Design to a website at a resolution that exceeds the display resolution of the intended viewing device will be deemed to be an attempt to redistribute the Design. You agree to take all commercially reasonable steps to prevent third parties from accessing and/or duplicating the Designs. If you become aware of any unauthorised duplication or access of any of the Designs or its parts, you are requested to notify us.
- 3.3 Imply or claim that you are the author of the designs, even if you have made changes. If you use the Designs for editorial purposes (print, web or tv) you have to include the credit adjacent to the product : www.tashistudio.com
- 3.4 Make Designs or any of its parts/elements available to a third party on a digital asset management system, shared drive or the likes for the purposes of sharing or transferring such Designs or any of its parts/elements.
- 3.5 Resell a Design directly, or within a wider design/product where the original Designs or any of its parts/elements can be used or extracted in its original form in both digital and print format.
- 3.6 Resell a website template with an embedded Design. This is only acceptable when the website files making use of a Design are passed on to an individual client, although a licence will be required for both yourself, and your client, to justify this.
- 3.7 Resell a digital template that makes use of the Designs. The Designs may NOT be used in an End Product for sale that is of a digital nature(for example, Print On Demand sites), in any shape or form.
- 3.8 Register as a trademark the Designs or the end product incorporating the Designs. Keep in mind that other customers/third parties can use the same Design due to the nature of the non-exclusive license terms except if its purchased under exclusive license.
4 Limitation of Liability
- 4.1 You acknowledge that the Design 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 Designs meet your requirements.
- 4.2 You may not use the designs in a manner that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, deceptive, infringing, invasive of personal privacy or public 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.
- 4.3 Tashi Tsering 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 but not limited to failure of public or private telecommunications networks.
- 4.4 I do not warrant that the operation of the Designs will be uninterrupted or error free.
- 4.5 You may not transfer your rights or your obligations under this Licence to another person or business without my express written consent and it may be in the form of an email.
- 4.6 You may not under any circumstances embed Designs or its elements into software or hardware products in which the Designs will be used by the purchasers of such products, or from which the elements or motifs of the design can be extracted or transmitted.
- 4.7 Each of the conditions of this Licence operates separately. If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.
- 4.8 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 Designs being defective/unsellable.
- 4.9 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.
- 4.10 This Licence, its subject matter and its formation, are governed by Spanish Copyright law, the Berne Convention and the Universal Copyright Convention.
5 Extended Commercial Licence
On purchase of Designs under Extended Commercial Licence, the following terms apply :
- 5.1 The Extended Commercial Licence allows you to use Designs in any manner permitted under the Licence terms above, and pursuant to the obligations and restrictions therein;
- 5.2 You may use Designs in multiple Personal and commercial Projects;
- 5.3 You may use Designs purchased under the Extended Commercial Licence to create End Products for Sale, in which the End Product for Sale may be sold an unlimited number of times.
- 5.4 You may edit colours or rearrange elements of the Designs to suit your needs without breaking the terms of the license agreements.
6 Exclusive Licence
On purchase of Designs under Exclusive License, the following terms apply :
- 6.1 On purchase of any designs under Exclusive license, you are granted exclusive rights the use the designs as you wish, worldwide.
- 6.2 Each Design is sold on an exclusive, one-off basis to only one licensee
- 6.3 All rights of the Design is transferred to the Licensee once the purchase has been made successfully.
- 6.4 The Design and its previews will cease to exist on the website immediately after each successful purchase.
7 Termination
- 7.1 This Licence may be terminated 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(email) requiring you to do so.
- 7.2 Upon termination of the license for any reason:
- 7.2.1 All rights granted to you under this Licence shall cease;
- 7.2.2 You must immediately cease all activities authorised by this Licence;
- 7.2.3 You must immediately pay to Tashi Tsering any sums due under this Licence; and
- 7.2.4 You must immediately delete or remove the Designs from all computer equipment in your possession, and immediately destroy any tangible copies of the Resources then in your possession, custody or control and, in the case of destruction, certify to me that you have done so.
8 Miscellaneous
- 8.1 All notices to be served in accordance with this agreement may be served by email through the contact us form.
- 8.2 This agreement shall be governed by and read in and construed in accordance with the Laws of Spain and the parties hereto submit to the exclusive jurisdiction of the Courts of Alicante, Spain for the settlement of any disputes hereunder.
If you have any questions relating to the licence agreements, or want to discuss about a bespoke license for your project, please feel free to Contact us
On Licenses
1. What is Commercial License?
Commercial license allows you to use the Designs on physical end products for sale in a multiple projects in which the lifetime end product for sale does not exceed 1000 pieces. Please read through the License Terms for more info.
2. What is an Extended Commercial License?
Extended commercial license allows you to use the Designs on unlimited physical end products for sale. Please read through the License Terms for more info.
3. What is Exclusive License?
With Exclusive license, you get exclusive rights to use the pattern and each exclusive patterns are sold on an exclusive, one-off basis to only one licensee.
4. What are personal and Commercial project?
-Personal projects are those that does not involve exchange of money whatsoever whereas, commercial projects are those that you execute and produce physical end products for sale.
5. What constitutes a single project?
A single project could be defined as a collection in which the purchased pattern could used as a coordinate or the main print for a number of products in that collection based on your requirements
6. Can we get a bespoke license for a specific project?
Yes, we are open to discussing a bespoke license for you when none of the license options here fits your project. Please send us an email regarding this.
On Patterns/Graphics
7. Are the elements in the patterns in layers?
Yes, all the Patterns comes in layers. Each/Bunch of elements are in its own layer so that it is easier for you to modify, edit colours or recompose to suit your needs.
8. Can I use the patterns as is?
Yes you can absolutely use them as is. Moreover, every design is carefully developed in terms of inspiration, motif selections, painting and editing to making a seamless repeat that looks visually appealing when repeated multiple times.
9. Can I edit and change colours of the patterns?
Yes, you can edit and change colors as per your requirement as long as you stick to the terms of the licenses.
10. Can I use the pattern on PRINT ON DEMAND sites?
No, unfortunately, at the moment, we don’t allow the usage of our patterns on POD sites.
11. Can I create a new Pattern/Coordinate pattern out of the elements.
Yes you can, as long as you stick to the terms of the licenses according to which the new pattern/derived motif printed on a product will be added to the lifetimes sales of total number of units produced.
12. Can I create a logo using the elements/motifs from the Patterns.
Please send us an email and we will discuss a bespoke license for this type of requests.
13. Can I use Individual motifs of the patterns as standalone Illustrations for my products!
Yes you can, as long as you stick to the terms of the license according to which the individual motif printed on the product as a standalone illustration will be added to the lifetimes sales of total number of units produced.
14. What software can I use to for these patterns!
Most of our patterns comes as TIFF(Psd) which are opened by double clicking onto the tiff file and it will automatically open on Adobe Photoshop. It will open on most versions of Photoshop and Illustrator in case of AI Vector files.
15. What techniques do you use to create your Designs!
We hand paint them using watercolours as well as gauche and edit colours and remove backgrounds using Photoshop. We also create artworks on Photoshop directly as well as vector patterns on Adobe Illustrator.
General
16. Do you work on custom projects.
Yes, based on our schedule and time availability, we undertake custom projects every now and then. Feel free to email us if you have something in mind.
17. I am having trouble downloading!
Please check your internet connection first and try to download a second time. If that fails, please send us an email with the error message and we will get back to you at the earliest.