Standard License – Artful Codex

 

 

  

Artful Codex Standard License

 

In order to complete your purchase, you must agree to the following rules of usage.  By purchasing, installing and/or using Artful Codex Stock Media for any of the approved uses, including those listed in the chart in section 2.1 below, you signify your acceptance of this License Agreement, and in return for a license to use Artful Codex Stock Media, you wholly agree to the following terms and conditions.

 

If you refuse to accept the contractual obligation defined in this License Agreement, you are not permitted to purchase, download and/or use the Artful Codex Stock Media in any way, shape or form. Please fully and thoroughly read this License Agreement before agreeing to the conditions specified herein. 

 

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

 

TL,DR: You're purchasing a license, you're not purchasing media.

 

UPON FULL PAYMENT OF THE STANDARD STOCK MEDIA LICENSE, YOU ARE GRANTED:

 

1.1

A non-exclusive, single person right to use the Artful Codex Stock Media. If the Artful Codex Stock Media will be used by more than one person, then get an additional license under the same terms and conditions as this License! By trying to cheat the system, you’re cheating the artists.  If Artful Codex finds out that multiple people are using this single seat license, then Artful Codex reserves the right to bill you for an additional license or terminate your membership, at our discretion.  Note: Artful Codex does not guarantee that the Artful Codex Stock Media will work adequately in all environments with all operating systems. 

 

1.2

The right to make additional backup copies of the Artful Codex Stock Media for the exclusive purpose of data backup. You can ONLY keep backups of the Artful Codex Stock Media in the cloud, locally on a desktop, laptop or mobile device, or on a studio server, if you, as the single licensee of the Artful Codex Stock Media is the ONLY person who maintains the backup. You CANNOT make Artful Codex Stock Media 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

The Artful Codex Stock Media, once downloaded, is intended for a single use NOT unlimited uses.  Therefore, if you download the Artful Codex Stock Media once, then you cannot use it across multiple campaigns, commercial uses, or clients.  We have plenty of Media for you to choose from. You can find a different piece to use for your other purposes.  Your clients and customers will thank you for the variety.  

 

1.4

The right to transfer a copy of the Artful Codex Stock Media to a commercial printer or similar service company, for the exclusive purpose of outputting specific file types (for example: as a high contrast black-and-white for silk screening).  In the event of any further visual modification (that you did do yourself) of the Artful Codex Stock Media by such a service company, the service company is required to purchase its own applicable license from Artful Codex. You as the original licensee MUST inform the commercial printer/service company about this requirement. 

 

2.1 

PERMITTED USAGE FOR THE STANDARD LICENSE VS. THE EXTENDED LICENSES:

Currently the License types are limited and defined by the number of downloads you have available each month.  Artful Codex may grant you certain, extended licenses by request, including extending the number of uses available for each Media.  Email: hi@artfulcodex.com to inquire about extended license opportunities. 

Please note that these extended Licenses are defined by all the terms contained herein in this Standard License Agreement, with the addition of the specific applicable condition(s) mutually agreed to in writing.  You may request an extended license at any time.

 

 

 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 (499,999 units maximum)

500,000 or more units requires Unlimited Print Runs extended license.

Designs used for physical media including CDs, CD packaging, DVDs, DVD packaging, printed books, book covers, commercial films, movies, and theatrical presentations.

Yes (499,999 units maximum)

500,000 or more units requires Unlimited Print Runs extended license.

Editorial media including printed magazines, newspapers, editorials, and newsletters.

Yes (499,999 units maximum)

500,000 or more units requires Unlimited Print Runs extended license.

Creating products FOR SALE. This includes, but is not limited to, prints, posters, calendars, stationery, clothing, t-shirts, hats, video games, etc.

Not Covered

 

Requires Items for Resale extended license. Also, 500,000 or more units requires Unlimited Print Runs extended license.

 

 

 

 2.2 RESTRICTED USAGE - YOU ARE NOT PERMITTED TO:

  Use Artful Codex Stock Media to create a trademark/logo for a brand without specific written permission from Artful Codex and the Artist - it’s already copyrighted and someone else (not you) owns that copyright. However, if you would like to use it as your trademark or in some way that is not permitted – just ask us. We can either put you in touch with the artist or grant you a special license. 

  Use Artful Codex Stock Media in "print-on-demand" products and/or services.  Please contact Artful Codex at: hi@artfulcodex.com and we can work with you on a custom extended license.

  Use Artful Codex Stock Media in pornographic, fraudulent, obscene, immoral, infringing, illegal, blasphemous or defamatory material.

  Sell, sublicense, distribute or otherwise grant rights of any kind to Artful Codex Stock Media.

  Make Artful Codex Stock Media 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.

  Modify, adapt, translate, rent, lease, resell, distribute, produce, reverse engineer, decompile, disassemble, re-digitize or create derivative works based on the Artful Codex Stock Media that you then make available as editable files.

 

Given the above, You may add elements around the Media or use it as part of another design or layout or change the colours of the Media; however, the modified or derivative Media is subject to the same terms and conditions as the original Media under this License (as stated under Section 3 below).  You may not, however, significantly modify the shape or the characteristics of the Media without express written consent from Artful Codex or the Artist, due to the high value and originality of the Media provided via the Artful Codex Platform.  We allow for You to commission original works from the Artists themselves and highly encourage you to do so, so there should be no need for You to significantly modify the Media. Just use the platform and contact the Artist. 

 

Example of un-permitted modifications:  Adding an extra eye to a character; changing the position of the arm.

 

Example of permitted modifications (still subject to and a part of this License Agreement): Changing the colour of a character’s hair.  

 

3. Proprietary Rights and Obligations

Artful Codex Stock Media is the valuable property of Artful Codex Ltd. You CAN NOT modify Artful Codex Stock Media or use it to create altered or combined Stock Media that you then make available to others as editable Stock Media. You will not make or have made, or permit to be made, any copies of the Artful Codex Stock Media, documentation, or any portions thereof, except such copies as are necessary for the installation and use of the Artful Codex Stock Media in accordance with the terms of this License Agreement. Any such copies of the Artful Codex Stock Media shall contain the same propriety notice which appears on or in the Artful Codex Stock Media. If Artful Codex finds out that you are violating the terms of this License, then Artful Codex reserves the right to terminate your membership and pursue our and our Artists’ rights to the fullest extent of the law.

 

If you DO modify or make derivative works of the Media for your use and for permitted uses, such Media shall continue to be owned by Artful Codex or the Artist, and the derivative or modified Media shall be subject to the same terms and conditions of this License as the original Media.

 

4. Assignment

Assigning the license to a third party is not permitted, EXCEPT that if you are using this platform in connection with your position with a commercial entity, then you may transfer the usage rights and license to a third party who takes over your position ONLY if written notice and updated information is submitted to Artful Codex and the third party agrees to adhere to the conditions of this license agreement for Artful Codex Stock Media. This does not mean that you cannot use the Artful Codex Stock Media for clients and customers. However, you are responsible for their actions as your name is on the License and so you need to ensure that they are adhering to the terms of the License or that you (or they) have purchased the appropriate License for their activities.  

 

5. Exclusion of Other Usage

With exception only to the provisions listed in sections 1.3, 1.4 and 4 of this License Agreement, selling, lending or otherwise transferring the Artful Codex Stock Media to any third party or parties is strictly prohibited. In addition, transferring the Artful Codex Stock Media 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, You agree not to modify, adapt, translate, rent, lease, resell, distribute, produce, reverse engineer, decompile, disassemble, re-digitize or create derivative works based on the Artful Codex Stock Media that you then make available as editable files. 

 

6. Exclusivity

Artful Codex retains title and ownership of the Artful Codex Stock Media and all subsequent copies of the Artful Codex Stock Media, 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 Artful Codex Stock Media.  In the event your use of the Artful Codex Stock Media 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 Artful Codex Stock Media in such jurisdiction, or you will secure any and all additional rights necessary for such use in such jurisdiction.

 

 

 

7. Term

The license is effective until terminated by Artful Codex. Artful Codex will not revoke your License arbitrarily, but Artful Codex has the right to terminate your license immediately and at any time if you fail to comply with any term of this License Agreement.  In addition, Artful Codex reserves the right to claim punitive damages.  Upon such termination you will destroy the original and any copies of the Artful Codex Stock Media and related documentation and cease any and all use of the Artful Codex Stock Media.

 

8. Limited Warranty

Artful Codex warrants that the Artful Codex Stock Media 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 Artful Codex Stock Media, Artful Codex shall have no responsibility to replace the physical media.

 

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

 

9. Limit of Liability

In no event will Artful Codex be liable to you 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 Artful Codex Stock Media, even if Artful Codex has been advised of the possibility of such damage.

 

10. Indemnification

You agree to indemnify and hold Artful Codex and Artful Codex’s suppliers harmless from and against any claims or damage which may result from your breach of this License Agreement.

 

11. Revisions

This license may be slightly updated from time to time, with the latest version always being available on our website.

 

12. Law

This License Agreement is governed by the laws of United Kingdom.