Standard EULA License
~ Last updated on November 1, 2022
This is a Standard EULA License Agreement (“Agreement”, "License") between Alicia Youngken (“Feather & Sage Design Co”, “Our”, “Us”) and You (“Licensee”, “You”, “Your”). If You are entering into this Agreement on behalf of an entity, then You represent and warrant that you have the authority to bind such entity to the terms and conditions of this Agreement.
By using, and/or purchasing from Our Site (“featherandsagedesign.com”), You agree to be bound by this Agreement herein, and affirm that are at least 18 years of age. Should you breach any of the terms and conditions as set forth in this agreement, the agreement and license will be automatically terminated. We reserve the right to invoice you for the violation, and may revoke your access to our product(s) permanently. You agree to purge all copies upon the termination or until such time as the breach is remedied.
All items and digital Assets available on featherandsagedesign.com are protected by United States and international copyright and other laws and treaties. Any rights not expressly granted to you in this agreement remain strictly reserved.
By purchasing or downloading, and upon Our receipt of your cleared payment in full for any physical or digital product from Our Site at featherandsagedesign.com, the Licensee (as named on the invoice) shall be granted the following rights:
- Commercial Use ("Commercial") — is any use: (i) that involves an exchange of money or other consideration, (ii) that promotes a business (e.g., sole proprietorship, corporation, or partnership), product, or service, or (iii) where financial gain or other consideration is either sought or a result, directly or indirectly, of Licensee’s use of the Licensed Asset. If any one or more of the criteria in (i), (ii), and (iii) is met, then the use is deemed “Commercial”.
- Non-Commercial Use ("Personal", "Non-commercial”) — is a use for solely personal purposes; any use that meets the definition of “Commercial use” can not be a Non-commercial use.
- End Product Requirements — End Products must not be used "as-is" and must be significantly different than the original Item: requiring time, effort, and skill to produce. End Products must not be used or sold in a way that is directly competitive with the original Item you purchased. End Products must not redistribute the original Item to any third parties in a manner that allows for the extraction of the original Item.
For each Digital Item You purchase from Our Site at featherandsagedesign.com, you are granted one (1) license to use the Item on a non-exclusive, commercial, worldwide and revocable basis as follows:
→ YOU MAY
- Use the Assets for Your Personal Use and/or limited Commercial Use Projects.
- Use the Assets for up to 5,000 physical or digital End products for sale. The End Product must be a unique implementation of the Item. For example, you may purchase a font and use it to make unique word art, logo, branding, stationary, T-shirt or purchase and use a brush to create an illustration, but you must not redistribute the original files in any way.
- Use purchased Assets in a new End Product as long as the End Product meets our "End Product requirements" as defined above.
- One business social media account owned and managed by the licensee.
- Unlimited physical advertisements for local markets.
- Digital paid advertisements with unlimited impressions.
- Use Digital Item(s) for Your clients, so long as You and Your client both purchase a individual license.
- Use the Assets on up to two (2) personal computers owned by You personally.
- You may use purchased Items for broadcast uses up to 10,000 views or viewers in a given month such as TV, films, streaming video, on demand broadcasts, and/or online videos. For anything over 10,000 monthly views or viewers, contact the us directly at email@example.com in order to inquire about further rights options.
- Installable Items (Brushes Add-Ons): — A purchased installable item(s), may be used in an unlimited number of Projects on a one seat per license basis, unlimited Personal and/or Commercial use Projects.
- Templates and Themes: Here, an End Product must be a unique implementation of the Item, often requiring limited copy and content changes. For example, if you purchase a resume template, you may use the Item for yourself after having input personal information (you may not resell it as stock).
- Desktop & Web Font License: The licensed font can appear in unlimited commercial and personal projects on a one seat per license basis including, but not limited to, physical end products, social media, packaging, and paid ads.
→ YOU MAY NOT
- Sell, redistribute, transfer, sublicense, give away or otherwise assign the Assets or Your rights granted hereunder to any other party, except as otherwise expressly set forth herein.
- Resell the Assets by themselves or as part of a package except solely as embodied within Your Project in a non-extractable format.
- Resell the Assets (or otherwise make them available or extractable) in any manner that would enable a third party to download the Assets.
- Resell the Assets (or otherwise make them available) as part of any competing product such as stock content, or as part of a stock set.
- Use Assets on-Demand Applications (Such as Print-on-Demand and Create-on-Demand Services) for Commercial Use or Non-Commercial Use are prohibited.
- Claim to be the creator or copyright holder of the Assets or of any derivative work created from the Assets.
- Use Assets in Broadcast and streaming
- Use the Assets in any way or for any purpose that would violate, or would have the effect of violating, any applicable local, state and federal laws, rules or regulations or any rights of any third-parties.
- Use bots to download Assets from the Site.
- Share the Assets with your industry friends (in whole or in part).
- Native apps, web apps, or games
- Use any Item in a way that violates the Agreement including, without limitation, in a manner that infringes any third party's trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition.
- Register as a trademark the Item or the end product incorporating the Item – not even logos. If you use the Item to create a logo for yourself or a client, keep in mind that third parties can use the Item too, even in another logo.
- Use the Licensed Asset in pornographic, fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory material, this is strictly prohibited.
Feather & Sage Design Co and Alicia Youngken will retain all right, title, and ownership in the Item, and the resulting derivative work is subject to the terms of this Standard EULA License. Copyright does not transfer with purchase or download of items.
Important General Legal Provisions
- Intellectual Property — All digital content available on featherandsagedesign.com, including, without limitation, the Licensed Asset, is protected by United States and international copyright and other laws and treaties. Alicia Youngken & Feather & Sage Design retains ownership of the Licensed Asset, but grants to Licensee the limited, non-exclusive, non-transferrable, and non-sublicensable (except as expressly allowed above), copyright to use the Licensed Asset as expressly set forth above on the terms herein. All other rights, as between Licensee, and Feather & Sage Design Co and Alicia Youngken are reserved by Feather & Sage Design Co and Alicia Youngken. Licensee may not assert any ownership in the Licensed Asset itself nor any right to revenue from a collecting society in respect of photocopying, digital copying or other secondary uses of the Licensed Asset. Any reference to the “purchase” or “sale” (or similar terms) of the Licensed Asset refers to the purchase of a limited license only and not the purchase of the underlying copyright or work itself. As a licensee, Licensee’s ownership of the media and/or device on which the Licensed Asset is recorded, if any, is distinct from and does not grant any ownership right, title or interest in and to the design of the Licensed Asset itself. This Licensee Agreement does not grant Licensee any rights to trademark or any other intellectual property rights (aside from copyright) in the Licensed Asset.
- Termination — Feather & Sage Design Co and Alicia Youngken may terminate this License Agreement at any time if Licensee breaches any of the terms of this or any other agreement with Feather & Sage Design Co and Alicia Youngken, in which case Licensee must immediately: cease using the License Asset; delete or destroy any copies; and, if requested, confirm to Feather & Sage Design Co and Alicia Youngken in writing that Licensee has complied with these requirements. If Licensee uses the Licensed Asset on a social media platform or other third party website and the platform or website uses (or announces that it plans to use) the Licensed Asset for its own purpose or in a way that is contrary to this License Agreement, the rights granted for such use shall immediately terminate, and in that event, upon Feather & Sage Design Co and Alicia Youngken’s request, Licensee agrees to remove any content from such platform or website.
- Content Withdrawal — Feather & Sage Design Co and Alicia Youngken may discontinue licensing the Licensed Asset at any time in its sole discretion. Upon notice from Feather & Sage Design Co and Alicia Youngken, or upon Licensee’s knowledge, that a Licensed Asset may be subject to a claim of infringement of a third party’s right, Feather & Sage Design Co and Alicia Youngken may require Licensee to immediately, and at Licensee’s own expense: cease using the Licensed Asset, delete or destroy any copies; and ensure that Licensee’s clients, distributors and/or licensees do likewise. Feather & Sage Design Co and Alicia Youngken will provide you with replacement content (determined by Feather & Sage Design Co and Alicia Youngken in its reasonable commercial judgment) free of charge, as its sole obligation, subject to the other terms of this License Agreement.
- Audit Upon reasonable notice — Licensee agrees to provide to Feather & Sage Design Co and Alicia Youngken sample copies of projects or end uses that contain Licensed Asset, including by providing Feather & Sage Design Co and Alicia Youngken with free of charge access to any pay-walled or otherwise restricted access website or platform where the Licensed Asset is reproduced. In addition, upon reasonable notice, Feather & Sage Design Co and Alicia Youngken may, at its discretion, either through its own employees or through a third party, audit Licensee’s records directly related to this License Agreement and Licensee’s use of the Licensed Asset in order to verify compliance with the payment and other terms of this License Agreement. If any audit reveals an underpayment by Licensee to Feather & Sage Design Co and Alicia Youngken of five percent (5%) or more of the amount Licensee should have paid, then in addition to paying Feather & Sage Design Co and Alicia Youngken the amount of the underpayment and any other remedies to which Feather & Sage Design Co and Alicia Youngken is entitled, you also agree to reimburse Feather & Sage Design Co and Alicia Youngken for the costs of conducting the audit.
- Disclaimer of Warranties — LICENSEE’S USE OF THE LICENSED ASSET IS AT LICENSEE’S OWN RISK. THE LICENSED ASSET IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Feather & Sage Design Co and Alicia Youngken HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Limitation on Liability — IN NO EVENT WILL Feather & Sage Design Co and Alicia Youngken, ITS AFFILIATES OR THEIR LICENSORS (INCLUDING, WITHOUT LIMITATION, THE SHOP OWNERS), SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION, YOUR USE, OR INABILITY TO USE, THE LICENSED ASSET, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL THE LIABILITY OF Feather & Sage Design Co and Alicia Youngken, ITS AFFILIATES OR THEIR LICENSORS (INCLUDING, WITHOUT LIMITATION, THE SHOP OWNERS), SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION, YOUR USE, OR INABILITY TO USE, THE LICENSED ASSET, EXCEED THE LOWER OF $10,000 USD, OR THE FEES THAT LICENSEE PAID FOR THE LICENSED ASSET. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Indemnification — Licensee agrees to defend, indemnify and hold harmless the Feather & Sage Design Co and Alicia Youngken, its affiliates, licensors (including, without limitation, Shop Owners) and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including but not limited to reasonable attorneys’ fees) arising out of or relating to Licensee’s (or anyone acting on Licensee’s behalf, including, without limitation, service providers) (i) violation of this License Agreement, (ii) use of the Licensed Asset in violation of law, rules or regulations, or (iii) use of the Licensed Asset violation of third party rights where such violation is due to the modification of the Licensed Asset.
- Limitation on Time to File Claims — TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE LICENSED ASSET OR THIS LICENSE AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Choice of Law and Forum — All matters relating to Licensed Asset and the License Agreement and any dispute or claim arising therefrom or related thereto (in each case, including, without limitation, non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, the Licensed Asset or this License Agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of Georgia and Gwinnett County although we retain the right to bring any suit, action or proceeding against Licensee for breach of this License Agreement in Licensee’s country of residence or any other relevant country. Licensee waives any and all objections to the exercise of jurisdiction over Licensee by such courts and to venue in such courts to the maximum extent permitted by law.
- Arbitration — AT FEATHER & SAGE DESIGN CO AND ALICIA YOUNGKEN'S SOLE DISCRETION, EXCEPT TO THE EXTENT PROHIBITED BY LAW, Feather & Sage Design Co and Alicia Youngken MAY REQUIRE LICENSEE TO SUBMIT ANY DISPUTES ARISING FROM THE USE OF THE LICENSED ASSET AND THIS LICENSE AGREEMENT, INCLUDING, WITHOUT LIMITATION DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, TO FINAL AND BINDING ARBITRATION UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION APPLYING CALIFORNIA, USA LAW.
- Notices — All notices required to be sent to Feather & Sage Design Co and Alicia Youngken under this License Agreement should be sent via email to firstname.lastname@example.org. All notices to Licensee will be sent via email to the address provided by Licensee during account creation or purchase.
- Modifications — Feather & Sage Design Co and Alicia Youngken may modify this License Agreement by posting an updated version on the Feather & Sage Design Co and Alicia Youngken website. The then current version of the License Agreement posted at the time of purchase shall apply to purchases (even if the Licensed Asset is downloaded after the License Agreement is updated). Updated versions of the License Agreement shall not apply retroactively to prior purchases unless either (1) Licensee is notified of its option to apply the updated terms to prior purchases and expressly agrees (e.g., via clicking “Agree”) or (2) such modification (i) does not adversely affect any rights of Licensee and (ii) Feather & Sage Design Co and Alicia Youngken notifies Licensee of the changes and that they will apply retroactively (e.g., via email to the address on file).
- Interpretation — Unless the context requires otherwise, in any part of this License Agreement: (i) "including" (and any of its derivative forms, e.g. "includes"), "e.g." and "for example" means "including but not limited to"; and (ii) use of the singular imports the plural and vice versa. This License Agreement shall not be interpreted against the drafting party.
Looking for more license flexibility? Contact us directly at email@example.com and tell us more.