Below is a summary of the license:
Use the resources for Commercial Projects for yourself or on behalf of a client?
Use the resources to create unlimited Personal Projects?
Use the resources to create End Products for Sale?
Use the resources on their own as a standalone design?
Redistribute, sub-license, share or supply resources to a third party?
Claim copyright or trademark designs containing the resources?
Use the resources in commercial projects for a company with annual revenue of over $25 million USD per annum
In which cases would I need to negotiate a different license?
1. Your company or your client's company has an annual revenue of more than $25 million USD per annum.
2. You intend to use the resources 'as-is' in an End Product for Sale without significant modification or additional elements.
3. You are planning to make digital End Products for Sale.
4. You intend to upload the resource to a website or app where third parties will have access to use it, edit it or add it to their design.
5. You want to create End Products for Sale using 'Print on Demand', 'Made to Order', 'Download on Demand', or 'Create on Demand' services.
6. You intend to make more than 5,000 End Products for Sale.
What is the difference between Personal Projects and Commercial Projects?
Personal Projects are where resources are used in a manner that has no potential monetary gain. Personal Projects cannot be related to any business, non-profit, or other organization of any kind.
Commercial Projects are where resources are used for any other purpose than Personal Projects.
What is an End Product for Sale?
An End Product for Sale is an item that you intend to sell to more than a single person. For example, if you use my resources in a website design for a single, paid client, this is not considered an End Product for Sale. If you use my resources to design a calendar and sell it to multiple people, that is considered an End Product for Sale.
How many End Products can I sell?
The License permits you to sell up to 5,000 total End Products. Where resources are purchased as part of a collection, you may sell up to 5,000 total End Products per collection.
Can I use your resources to create an End Product for Sale on behalf of my client?
Yes. If you create an End Product for Sale on behalf of a client, your rights to the resources are transferred from you to your client.
What kinds of Commercial Projects can I use your resources for?
You can use my resources for any kind of purpose for yourself or on behalf of a client, with the following restrictions:
1. Your design must be a) significantly different to the original resource b) require time, effort and skill to produce, and c) not derive its primary value from the resource itself.
2. Your design must not be used or sold in a way that is directly in competition with the original resource you purchased.
3. You are not permitted to make digital End Products for Sale, ie intangible goods that exist in digital form for online purchase and download.
4. Designs must not be distributed in such a manner that the original resource can be extracted by any third party or end user. Layered PSD, AI and vector-based PDF files are not permitted. If your client needs access to the original source files, they need to purchase their own license.
5. You are not permitted to make End Products for Sale using 'Print on Demand', 'Made to Order', 'Download on Demand', or 'Create on Demand' services.
Can I redistribute resources I’ve purchased?
No, resources purchased are for your use only. You cannot redistribute my resources or claim the resource as your own for resale or licensing. By purchasing a license, you are purchasing the rights to use the resources, the resources are not sold to you. I retain all copyrights to my resources.
Can I claim copyright or trademark designs containing resources?
No, you may not claim copyright or register as a trademark a design or an End Product for Sale incorporating my resources.
Sophia J Caldwell’s Resources are protected by United States and international copyright laws and treaties. Sophia J Caldwell retains ownership of the Resources, but grants you certain rights to use the Resources on the following terms. All other rights are expressly reserved by Sophia J Caldwell.
By purchasing the right to use the Resources you agree to be bound by the terms and conditions of this license. If you do not agree to the terms of this license, Sophia J Caldwell will not license the Resources to you and you must discontinue to use the Resources.
Sophia J Caldwell hereby grants you a non-exclusive, non-transferable right to use the Resources in the following ways, subject to the terms set forth herein:
You must combine Sophia J Caldwell’s Resources with other design elements to form an original design. The design must be significantly different than the original Resource and require time, effort and skill to produce. The original Resource must not constitute the primary integrity of the design.
End Products for Sale must not be used or sold in a way that is in direct competition with the original Resource. Your design must not be distributed to any third parties in a manner that allows for the extraction of the Resource in its original form.
You may use the purchased Resources to create End Products for Sale where lifetime sales of the End Product for Sale do not exceed 5,000.
You may not use my resources in projects for a company whose annual revenue is more than $25 million USD per annum.
You may modify or manipulate the Resource or incorporate it into other content and make a derivative work from it. Sophia J Caldwell will retain all right, title and ownership in the Resource and the resulting derivate work is subject to the terms of this License.
You may not sub-license, resell, redistribute, provide access to, share or transfer any Resources (e.g. as stock, in a tool, app or template, with source files, and/or not incorporated into an End Product) under any circumstances, not even for free. Uploading any Resource to a web site at a resolution that exceeds the display resolution of the intended viewing device will be deemed to be an attempt to redistribute the Resource. You agree to take all commercially reasonable steps to prevent third parties from accessing and/or duplicating the Resources. If you become aware of any unauthorized duplication or access of any of the Resources, please contact Sophia J Caldwell.
You may not make the Resource available on a digital asset management system, shared drive, or the like for the purposes of sharing or transferring the Resource, and you must not permit an end user to extract the original Resource and use it separately.
You may not register as a trademark the Resource or any design incorporating the Resource.
You may not falsely represent, expressly or by way of reasonable implication, that any Resource was created by you or a person other than Sophia J Caldwell.
You may not use the Resources in a manner that is unlawful, harmful, abusive, racially or ethnically offensive, humiliating to other people (publicly or otherwise), libelous, obscene, threatening, profane, or promotes racism, bigotry, hatred or physical harm of any kind against any group, individual, or is otherwise objectionable.
You acknowledge that Resources have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Resources meet your requirements. Sophia J Caldwell does not warrant that the operation of the Resources will be uninterrupted or error free. Under no circumstances will Sophia J Caldwell 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 Resource being defective.