License

License

End User License Agreement (eula)

Overview

Our Commercial license is priced according to company size: how many people, in total, work for the Licensee — since larger organisations can extract more value from the same digital content (“Licensed Asset”). We don’t charge extra for using Licensed Asset if the number of viewers or the number of print runs increases. And we don’t require you to upgrade a license if your usage changes later. Once purchased can use it commercially for End Products, Social Media, Broadcast & Digital Development.

You may not alter the Licensed Asset files or redistribute the Licensed Asset in any way. You may not use the Licensed Asset for any type of SAS that gives access to the Licensed Asset to users outside of company staff and employees. License price is based on the company size of the end user.

Introduction

This End User License Agreement (the “Agreement”) is a contract between Pikgura and you, the Licensee (the entity or organisation on whose behalf the Licensed Asset are used, and whose name is specified during the checkout or sale process).

By purchasing, downloading, installing or otherwise using the Licensed Asset, you are agreeing to the terms of this Agreement.

Upon receipt of full payment of all applicable license fees, Pikgura grants you the limited, non-exclusive, non-transferrable right to use the Licensed Asset in accordance with the terms of this Agreement. You agree that all rights not granted to you by this Agreement are expressly reserved by Pikgura.

Commercial License

A Commercial license allows a licensee to use our Licensed Asset commercially. This license is priced according to the total size of the licensee or total company size (not just the number of people using the Licensed Asset).  Please make sure the number covers everyone at the licensee’s company.

Definitions

“Licensee Size” is the number of people, including part-time and full-time employees and temporary staff, working for the Licensee.

License Scope

A Commercial license permits you to use the Licensed Asset within your organisation. Licensed Assets are provided in various formats, for example: .Docx, Xlsx, .AI, .Svg, and so on. You may use the Licensed Asset on any number of devices within your organisation.

The cost of a Commercial license is determined based on the Licensee Size. A Commercial license remains valid if the Licensee Size increases, provided the Licensee Size was correctly stated at the time of purchase.

Permitted Uses

General Restrictions

You must take all reasonable precautions to ensure the Licensed Asset are not accessible to unlicensed third parties or to the general public. The Licensed Asset must not be uploaded onto online storage platforms (such as GitHub or Amazon S3) where they would be accessible to unlicensed third parties.

You are not permitted to:

• Decompile, modify, reverse-engineer, reformat, alter, edit, or create derivative works of the Licensed Asset or engage any third party to do so without prior written permission from Pikgura;
• Distribute (share, rent, lend, gift, sell, sublicense, etc.) the Licensed Asset or any copy thereof to any unlicensed third party;
• Resale or Sub-Licensing the Licensed Asset or any modification of it in source file form is strictly prohibited.
• Resale or Sub-Licensing of the Licensed Asset or any modification of it in a way that is directly competitive with the original Licensed Asset is strictly prohibited (e.g., as a stock asset or template).
• Transfer this Agreement or any of your rights hereunder to any third party without the prior written permission of Pikgura;
• Use the Licensed Asset in any context relating to cryptocurrency or the sale of Non-Fungible Tokens (nfts), without the prior written consent of Pikgura;
• Use the Licensed Asset in any violent, hateful or discriminatory context;
• Use the Licensed Asset in any application in which an unlicensed third party could use them to customise their own designs or to create static documents or images (e.g. an online design application, iron-on lettering product, or print-on-demand service)
• Use the Licensed Asset for Digital Development (e.g. Website Software Development, Mobile App Development, Desktop Application Development, and Video Game Development)

STRICTLY Restrictions

You are not permitted to use the Licensed Asset in pornographic, fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory material, is strictly prohibited, including, without limitation, any use of the Licensed Asset that:

• may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
• may create a risk of any other loss or damage to any person or property;
• seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
• may constitute or contribute to a crime or tort;
• contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
• contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
• contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
• contains any information or content that you know is not correct and current; or
• promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.

Trademark and Copyright

→ Trademark: Licensed Asset may not be used as part of a trademark, service mark, design mark, trade-name, or similar use unless (1) the Licensed Asset is significantly altered and (2) not the predominant element of the End Use. In no event does this License Agreement allow Licensee to — and Licensee shall not seek to — register, protect, or enforce any trademark or similar rights in the Licensed Asset itself which must be disclaimed in any trademark registration. Contact Creative Market for a custom license if these rights are desired.

→ Copyright: Licensee may not claim the Licensed Asset (or a modification thereof) as its own copyrighted work (the original Licensed Asset must be disclaimed in any copyright registration).

Sublicensing to Third Party

This License Agreement does not permit sublicensing except for the limited rights to sublicense. Licensee may sublicense Licensee’s rights to third parties in only three situations:

(a) to manufacture, market, or distribute completed End Uses (defined above) that use the Licensed Asset (as expressly permitted herein) when done on behalf of Licensee, provided that the sublicense may only be granted on condition that the sublicensee is prohibited from extracting, reproducing or using the Licensed Asset in any other way and Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance. For example, Licensee may use distributors to manufacture or distribute physical products for resale or product packaging; similarly, Licensee may use third party providers, such as hosting providers to host a completed website or website publishers to display completed digital advertisements;

(b) to a service provider serving as Licensee’s subcontractor to provide services to Licensee provided that (i) Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance and (ii) Licensee has purchased a sufficient number of seats for the Licensed Asset Licensee (e.g., each individual person requires a license as stated above); and

(c) to a client of Licensee where Licensee transfers to that client a completed End Use (defined above, such as a completed website, advertisement, product, or product packaging). In this instance, the sublicense may only be granted on condition that the sublicensee is prohibited from extracting, reproducing or using the Licensed Asset in any way other than is necessary in order to exploit the End Use that Licensee provides to the client. Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance.

Term

This Agreement is effective in perpetuity, except that if you breach any of its terms, Pikgura reserves the right to charge you the cost of a license covering your actual usage of the Licensed Asset, on a per-infringement basis and without discounts, and/or terminate the license.

Warranty

Pikgura makes no warranties, express or implied, as to merchantability, fitness for a particular purpose, or otherwise. If you encounter an issue or problem with the Licensed Asset, Pikgura will make a good faith effort to provide a fix or replacement within 30 days of being notified. If the issue cannot be reasonably remedied, Pikgura may at their discretion offer to refund you, at which point this Agreement will immediately terminate. Pikgura shall in no event be liable to you or any other third party for any direct, indirect, consequential or incidental damages arising out of the use or inability to use the Licensed Asset, even if notified in advance. Under no circumstances shall Pikgura’s liability exceed the cost of the license you purchased. You agree to indemnify and hold Pikgura harmless from and against any claims or damage which may result from your misuse of the Licensed Asset or breach of this Agreement.

Legal

This Agreement is subject to and governed by the laws of Indonesia. This Agreement constitutes the entire Agreement between Pikgura and you, and supersedes any prior discussions or negotiations, whether verbal or in writing. No amendment, modification or waiver will be valid or enforceable unless materialised in an agreement signed by Pikgura. If any part of this Agreement is found void or unenforceable, it will not affect the validity of the rest of the Agreement, which shall remain valid and enforce able according to its terms. Pikgura’s failure or election not to enforce a provision of this Agreement is not a waiver of its right to do so later. The headings and section titles within this Agreement are for convenience and shall not affect or alter the meaning or construction of any terms or provisions of the Agreement.

Origins

This EULA is adopted from Mass-Driver font licensing & Creative Market General Licensing.

Thank you for taking the time to read this document.
Should you have any questions or inquiries, please contact info@pikgura.com.