commercial licence (standard licence)

  • Licensee: Individual or legal entity (company) as indicated at the time of purchase
  • Number of users (or seats):The number of permitted users (or seats) is the number of users (or seats) specified and paid for at the time of purchase.
  • commercial use: physical and digital end products 5.000: A total of 5,000 combined physical end products and digital end products. Use in websites, applications or video games is prohibited.
  • Commercial use: advertising and promotion Unlimited physical (print) advertising within a local market. Use with a company’s social media account is permitted

All graphics and graphic sets / cliparts / add-ons / templates / mock-ups / application templates and iron-on pictures / craft instructions and craft sets by Marlies Hopfensitz are protected by the German Copyright Act and the Universal Copyright Convention. Marlies Hopfensitz owns all rights, including all copyrights to the graphics and clipart. Your rights to use the graphics and graphics sets / cliparts / add-ons / templates / mock-ups / application templates and iron-on pictures / craft instructions and craft sets are subject to the terms and conditions set out below. The rights of use are linked to the payment of a corresponding amount for the use of the graphics and graphic sets / cliparts / add-ons / templates / mock-ups / application templates and iron-on pictures / craft instructions and craft sets. Marlies Hopfensitz reserves the right to make changes to these terms and licence conditions at any time.

This licence agreement („Licence“) is a legal agreement between you („Licensee“ or „you“) and Marlies Hopfensitz („Licensor“, „I“ or „my“) and about downloading, installing or using the graphics and graphic sets / cliparts / add-ons / templates / mock-ups / application templates and iron-on pictures / craft instructions and craft sets (hereinafter referred to as „Resources“).

You acknowledge that all intellectual property rights in the Resources in Germany and worldwide belong to Marlies Hopfensitz, that the rights in the Resources are licensed to you only and are not sold, and that you have no rights in the Resources other than the right to use them in accordance with the terms of this Licence.

Details of the simple commercial licence 

This is a single licence for Simple Commercial Use (as defined below) and the Licensed Resources may only be used and accessed (as permitted in this Licence Agreement) by a single person or entity (Company) who is the specified Licensee at the time of purchase. If multiple persons are working together to use the same Licensed Resources, each person must purchase a licence for that Licensed Resource.

If you are purchasing on behalf of your employer, then only your employer is the „Licensee“ and may use the Licensed Resources in accordance with the terms of this Licence Agreement. In this case, you represent and warrant that you have full legal authority to bind your employer as Licensee to the terms of this License Agreement.

Resource-Management

The Licensee may only use the subject matter of the Licence on

  • upload a server owned and controlled by the Licensee; or
  • a cloud storage service, cloud-based design application or digital asset manager whose account is under Licensee’s control, in each case only for Licensee’s use of the Licensed Material as permitted in this License Term.
THIS LICENCE AGREEMENT PERMITS ONLY SIMPLE COMMERCIAL USE
COMMERCIAL USE AND NON-COMMERCIAL USE DEFINED  

This Licence Agreement permits only the non-commercial use of the Licensed Resources as expressly stated below (Permitted Uses and Quantity/Printing Limitations).

commercial use

„commercial“ use is any use:

  • involving an exchange of money or other consideration,
  • that promotes a business (e.g. sole proprietorship, corporation or partnership), product or service; or
  • where financial gain or other consideration is either sought or is a direct or indirect result of the licensee’s use of the licensed resources. If one or more of these criteria are met, then the use is considered „commercial“.

non-commercial use (personal)
„Non-commercial“ use is use for exclusively personal purposes. A use that meets the definition of „commercial use“ cannot be a non-commercial use.

end product

You can use purchased resources in a final product as long as the final product meets the following requirements:

  • The final product must be clearly different from the original resource. You must combine the resources with other creative elements to ensure that licensed resources are used within a broader design to form an original design of their own.
  • An original design is something in which you invest time, effort and skill to ensure that the resources are not the primary look of the design or end product. End products may not be used or sold in a way that directly competes with the original resource you have purchased.
  • End products shall not redistribute the original resource to third parties in a manner that enables the extraction of the original resource.
  • Product packaging for commercial or non-commercial use: Licensee may create physical or digital end-of-line packaging products for resale or wholesale, such as, but not limited to, boxes, labels, stickers or containers, etc. for commercial or non-commercial use.
  • Physical products for commercial or non-commercial use: The licensee may produce physical end products such as clothing, cards, invitations, stickers, mugs, cups, stamps, candles, posters, signs, home décor, etc. for commercial or non-commercial purposes.
  • Digital products for commercial or non-commercial use: The licensee may create digital end products for resale, such as static designs, static website elements for commercial or non-commercial use.
  • Digital or printed publication for commercial or non-commercial use: The licensee may use the licensed resources in digital or printed publications such as magazines, cards, invitations, photo albums and scrapbooks, e-books or e-publications for commercial or non-commercial use.
  • The quantity of end products for sale must not exceed 5000 units. If a licensed resource is purchased under this commercial licence (standard licence) and used to create an end product for sale whose sale exceeds 5000 units, either another standard licence or an extended licence must be purchased.
  • Company Social Media for Commercial Use: If applicable (e.g. for a company), one (1) Licensee social media account owned and managed by the company is permitted for commercial use. A separate licence is required for each corporate social media account or social media page.
  • Physical (printed) advertising for commercial use in a local market: Such as billboards, signage, printed advertising, etc. for commercial use in local markets. „Local market“ means that all display or distribution of such permitted advertising must be within a radius of 250 kilometres within the boundaries of a single country.
  • Digital ads for commercial use: Internet ads such as ads placed by Google Ads, Bings Ads, Facebook Ads, Linkedin Ad, etc. for commercial use.
  • Quantity limits on advertising and ads: No limit on the number of impressions of social media posts or advertisements containing the Licensed Resources for commercial or non-commercial use (where non-commercial use is applicable).
  • Designs licensed under this licence may not be used independently. They may be used as backgrounds that are part of a broader design, as overlays or to fill in a specific area within your original design.
  • An end product for sale may be either a digital design or a physical item that you and/or your client wish to sell for any fee or charge to more than one person, but it must be ensured that no third parties are able to extract the original resource.
  • You may modify or manipulate the resource or incorporate it into other content and make a derivative work from it. As between you and Marlies Hopfensitz, Marlies Hopfensitz retains all right, title and interest in and to the resource, and the resulting derivative work is subject to the terms of this licence, including the restrictions set out.
prohibited uses

end products

  • On-demand applications (such as print-on-demand and create-on-demand services) for commercial or non-commercial use are prohibited. Any use that allows someone other than the licensee, e.g. an end user, to adapt a digital or physical end product is prohibited, regardless of whether it is a commercial or non-commercial use. This includes, but is not limited to, „print on demand“, „on order“ or „download on demand“ use.ungen
  • Physical (printed) advertising for commercial use in national markets or global markets is prohibited: A „national“ market means any distribution or display of advertising beyond a radius of 200 kilometres within a single country. A „global“ market means any distribution of advertising in more than one country.
  • Website Software Development, Mobile Application Development, Desktop Application Development and Video Game Development: is prohibited for commercial or non-commercial use.

trademark and copyright

trademarks:
The Licensed Resources and their end products and modifications may not be used as part of any trademark, service mark, design mark or trade name. In no event does this Licence Agreement permit Licensee to register, protect or enforce any trademark or similar right in Licensed Resources.

copyright:
The licensee may not claim the licensed asset (or any modification thereof) as its own copyrighted work (the original licensed resource must be excluded from any copyright registration).

future technologies
The licence is limited to the uses expressly permitted in this licence agreement: Future existing technologies and uses are expressly reserved and not included in the scope of the licence.

strictly prohibited uses

Nothing in this Licence Agreement grants Licensee any of the following rights, all of which are expressly reserved:

  • Under no circumstances, not even free of charge, may sublicences be granted, resold or redistributed.
  • No access to resources may be granted where they can be shared or transferred (e.g. in an application or template, with source files and/or not integrated).
  • Uploading a resource to a website with a resolution that exceeds the screen resolution of the intended display device is considered an attempt to redistribute the graphic. You agree to take all reasonable steps to prevent third parties from accessing and/or reproducing the Resources. If you become aware of any unauthorised copying or access to any of the Resources, please notify me by email at info@marlieshopfensitz.de.
  • Do not claim that you are the author of the graphic, even if you have made changes. 
  • Resale or sublicensing of the Licensed Resources or any modification thereof in a manner that directly competes with the original Licensed Resources is strictly prohibited!
  • You may modify or manipulate the resource or incorporate it into other content and make a derivative work from it. As between you and Marlies Hopfensitz, Marlies Hopfensitz retains all right, title and interest in and to the resource, and the resulting derivative work is subject to the terms of this licence, including the restrictions set out. 

Any other use not expressly permitted in this licence agreement is strictly prohibited

 

LICENSING TO THIRD PARTIES IS PROHIBITED WITH LIMITED EXCEPTIONS FOR CLIENTS AND SERVICE PROVIDER
(use by third parties requires that the third party acquires its own licence, unless a customer-specific licence is acquired)

(die Nutzung durch Dritte setzt voraus, dass der Dritte eine eigene Lizenz erwirbt, es sei denn, es wird eine kundenspezifische Lizenz erworben)

Limited sub-licensing is permitted. 

The licensee may only sublicense the licensee’s rights to third parties in three situations:

  • to manufacture, market or distribute Completed End Uses (as defined above) using the Licensed Resources (as expressly permitted herein) when done on behalf of Licensee, provided that the sublicense may only be granted on the condition that the sublicensee is prohibited from extracting, reproducing or otherwise using the Licensed Asset and that Licensee shall at all times ensure compliance by the sublicensee with the terms of this License Agreement and remain liable for any non-compliance. For example, the Licensee may use distributors to manufacture or distribute physical products for resale or product packaging; likewise, the Licensee may use third party providers, such as hosting providers to host a ready-made website or website publishers to display ready-made digital advertisements
  • to a service provider serving as a subcontractor of the Licensee to provide services to the Licensee, provided that the Licensee at all times ensures compliance by the sublicensee with the terms and conditions of this Licence Agreement and remains liable for any non-compliance and the Licensee has purchased a sufficient number of seats for the Licensee (e.g. each individual requires a licence as specified above)
  • to a customer of the licensee if the licensee transfers to that customer a completed end use (as defined above, e.g. a finished website, advertisement, product or product packaging). In this case, the sub-licence may only be granted on the condition that the sub-licensee is prohibited from extracting, reproducing or using the licensed subject matter in any way other than as necessary to exploit the end use that the licensee provides to the customer. The Licensee shall at all times ensure compliance by the Sublicensee with the terms of this License Agreement and shall remain liable for any non-compliance.

Credits

A credit is required for any editorial use; for non-editorial use, a credit is desirable but not mandatory.

If you use the resources for editorial purposes (e.g. print, web or TV), you must give credit in the immediate vicinity with: Marlies Hopfensitz / www.marlieshopfensitz.de

Termination

Marlies Hopfensitz may terminate this licence agreement at any time if the licensee breaches any of the terms of this or any other agreement with Marlies Hopfensitz. In such event, Licensee shall immediately: cease use of the Licensed Material; delete or destroy all copies; and, upon request, certify in writing to Marlies Hopfensitz that Licensee has complied with such requirements. If Licensee uses the Licensed Resources on a social media platform or other third party website and the platform or website uses (or announces that it intends to use) the Licensed Resources for its own purposes or in a manner that violates this License Agreement, the rights granted for such use shall immediately terminate and in such event Licensee agrees, upon request by Marlies Hopfensitz, to remove all Content from such platform or website.

Audit

Licensee agrees to provide Marlies Hopfensitz, upon reasonable notice, with sample copies of projects or end-uses incorporating the Licensed Resources, including by providing Marlies Hopfensitz with free access to any website or platform with paid or otherwise restricted access on which the Licensed Resource is reproduced.
In addition, upon reasonable notice, Marlies Hopfensitz may, at its sole discretion, either through its own employees or through third parties, audit Licensee’s records directly related to this License Agreement and Licensee’s use of the Licensed Resource to verify compliance with the terms of this License Agreement.

Limitation of liability 
  • You acknowledge that the Resources have not been created 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.
  • You may not use the Resources in any manner that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, deceptive, invasive of privacy or publicity rights, harassing, humiliating to others (publicly or otherwise), defamatory, obscene, threatening, profane, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or is otherwise objectionable.
  • Marlies Hopfensitz shall not be liable or responsible for any failure or delay in performing any obligation under this Licence caused by any act or event beyond its reasonable control, including without limitation the failure of public or private telecommunications networks.
  • Marlies Hopfensitz does not guarantee that the use of the resources will be uninterrupted or error-free.
  • You may not transfer your rights or obligations under this licence to any other person or company without my express written consent.
  • Each of the terms of this licence applies separately. If any court or competent authority decides that any of these terms is unlawful or unenforceable, the remaining terms shall remain in full force and effect.
  • Under no circumstances will I be liable to you or to any third party for any special, consequential or incidental damages, including lost profits, savings or business interruption arising out of the defectiveness of the item.
  • Under no circumstances will I be liable to you or to any third party for events beyond my reasonable control – this includes, but is not limited to, strikes, acts of God, terrorism, civil unrest or other events that might be defined as force majeure.
right selection

Any litigation, action or proceeding arising out of or relating to the Licensed Resource or this License Agreement shall be brought exclusively in the Federal Republic of Germany. The place of jurisdiction for all disputes arising from this licence agreement is Baden-Württemberg, Germany, unless otherwise required by law.

If any provision of this License Agreement is found by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be stricken or limited to the minimum extent necessary so that the remaining provisions of the License Agreement, including the Terms of Use, shall continue in full force and effect.

NOTICES

All notices required to be sent to Marlies Hopfensitz under this Licence Agreement should be sent by email to info@marlieshopfensitz.de. All notifications to the Licensee will be sent by email to the address provided by the Licensee when purchasing the Resource.

extended commercial licence

  • Licensee: Individual or legal entity (company) as indicated at the time of purchase
  • Number of users (or seats): The number of permitted users (or seats) is the number of users or seats specified and paid for at the time of purchase.
  • Commercial use: Physical and digital end products 250,000: total number of physical end-products and digital end-products (combined): Use in a single website, application or video game is permitted. Any resale/sublicensing of the Licensed Resources in the form of a source file or similar with the Licensed Resource is prohibited.
  • advertising and promotion: Advertising and PromUnlimited impressions of advertisements. Use with multiple corporate social media accounts is permitted.otion:

All graphics and graphic sets / cliparts / add-ons / templates / mock-ups / application templates and iron-on pictures / craft instructions and craft sets by Marlies Hopfensitz are protected by the German Copyright Act and the Universal Copyright Convention. Marlies Hopfensitz owns all rights, including all copyrights to the graphics and clipart. Your rights to use the graphics and graphics sets / cliparts / add-ons / templates / mock-ups / application templates and iron-on pictures / craft instructions and craft sets are subject to the terms and conditions set out below. The rights of use are linked to the payment of a corresponding amount for the use of the graphics and graphic sets / cliparts / add-ons / templates / mock-ups / application templates and iron-on pictures / craft instructions and craft sets. Marlies Hopfensitz reserves the right to make changes to these terms and licence conditions at any time.

This licence agreement („Licence“) is a legal agreement between you („Licensee“ or „you“) and Marlies Hopfensitz („Licensor“, „I“ or „my“) and about downloading, installing or using the graphics and graphic sets / cliparts / add-ons / templates / mock-ups / application templates and iron-on pictures / craft instructions and craft kits (hereinafter referred to as „Resources“).

You acknowledge that all intellectual property rights in the Resources in Germany and worldwide belong to Marlies Hopfensitz, that the rights in the Resources are licensed to you only and are not sold, and that you have no rights in the Resources other than the right to use them in accordance with the terms of this licence.

Details of the extended commercial licence

This is a single Extended Commercial Use Licence (as defined below) and the Licensed Resources may only be used and accessed (as permitted in this Licence Agreement) by a single person or entity (Company) who is the specified Licensee at the time of purchase. If more than one person is working together to use the same Licensed Resources, each person must purchase a licence for that Licensed Resource.

If you are purchasing on behalf of your employer, then only your employer is the „Licensee“ and may use the Licensed Resources in accordance with the terms of this License Agreement. In this case, you represent and warrant that you have full legal authority to bind your employer as Licensee to the terms of this License Agreement.

Resourcen-management

The Licensee may only use the subject matter of the Licence on

  • upload a server owned and controlled by the Licensee; or
  • a cloud storage service, cloud-based design application or digital asset manager whose account is under Licensee’s control, in each case only for Licensee’s use of the Licensed Material as permitted in this License Term.
THIS LICENSE AGREEMENT PERMITS SIMPLE COMMERCIAL USE  

COMMERCIAL USE AND NON-COMMERCIAL USE DEFINED 
This Licence Agreement permits only the non-commercial use of the Licensed Resources as expressly stated below (Permitted Uses and Quantity/Printing Limitations).

Commercial use
„Commercial“ use is any use:

  • involving an exchange of money or other consideration,
  • that promotes a business (e.g. sole proprietorship, corporation or partnership), product or service; or
  • where financial gain or other consideration is either sought or is a direct or indirect result of the licensee’s use of the licensed resources. If one or more of these criteria are met, then the use is considered „commercial“.

non-commercial use (personal)
„Non-commercial“ use is use for exclusively personal purposes. A use that meets the definition of „commercial use“ cannot be a non-commercial use.

end product

You can use purchased resources in a final product as long as the final product meets the following requirements:  

  • The final product must be clearly different from the original resource. You must combine the resources with other creative elements to ensure that licensed resources are used within a broader design to form an original design of their own.
  • An original design is something in which you invest time, effort and skill to ensure that the resources are not the primary look of the design or end product. End products may not be used or sold in a way that directly competes with the original resource you have purchased.
  • End products shall not redistribute the original resource to third parties in a manner that enables the extraction of the original resource.
  • Product packaging for commercial or non-commercial use: Licensee may create physical or digital end-of-line packaging products for resale or wholesale, such as, but not limited to, boxes, labels, stickers or containers, etc. for commercial or non-commercial use.
  • Physical products for commercial or non-commercial use: The licensee may produce physical end products such as clothing, cards, invitations, stickers, mugs, cups, stamps, candles, posters, signs, home décor, etc. for commercial or non-commercial purposes.
  • Digital products for commercial or non-commercial use: The licensee may create digital end products for resale, such as static designs, static website elements for commercial or non-commercial use.
  • Digital or printed publication for commercial or non-commercial use: The licensee may use the licensed resources in digital or printed publications such as magazines, cards, invitations, photo albums and scrapbooks, e-books or e-publications for commercial or non-commercial use.
  • The quantity of end products for sale must not exceed 5000 units. If a licensed resource is purchased under this commercial licence (standard licence) and used to create an end product for sale whose sale exceeds 5000 units, either another standard licence or an extended licence must be purchased.
  • Personal social media for non-commercial use: If applicable (e.g. for an individual), one (1) personal or individual social media account for non-commercial use.
  • Company social media accounts for commercial use: If applicable (e.g. for a company), all social media accounts of the licensee owned and managed by the company are allowed for commercial use. No restriction on accounts and pages owned and managed by the licensee for commercial use.
  • Physical (printed) advertising for commercial use in a local market: Such as billboards, signage, printed advertising, etc. for commercial use in local markets, national markets and global markets. „Local market“ means that all display or distribution of such permitted advertising must be within a radius of 250 kilometres within the boundaries of a single country. „National“ market means any distribution or display of advertising outside a radius of 250 kilometres within the boundaries of a single country. A „global“ market is any distribution of advertising in more than one country.
  • Digital ads for commercial use: Internet ads such as ads placed by Google Ads, Bings Ads, Facebook Ads, Linkedin Ad, etc. for commercial use.
  • Quantity limits on advertising and ads: No limit on the number of impressions of social media posts or advertisements containing the Licensed Resources for commercial or non-commercial use (where non-commercial use is applicable).
  • Designs licensed under this licence may not be used independently. They may be used as backgrounds that are part of a broader design, as overlays or to fill in a specific area within your original design.
  • An end product for sale may be either a digital design or a physical item that you and/or your client wish to sell for any fee or charge to more than one person, but it must be ensured that no third parties are able to extract the original resource.
  • You may modify or manipulate the resource or incorporate it into other content and make a derivative work from it. As between you and Marlies Hopfensitz, Marlies Hopfensitz retains all right, title and interest in and to the resource, and the resulting derivative work is subject to the terms of this licence, including the restrictions set out.
  • Website Software Development, Mobile Application Development, Desktop Application Development and Video Game Development for Commercial or Non-Commercial Use: Licensee may use the Licensed Resource in one (1) Product for commercial or non-commercial use.
  • Digital Development Quantity Limits: The Licensed Asset may be used in a single website, application, video game (each additional website, application or video game including (without limitation) successor products requires a separate licence) and the licence is additionally subject to the restrictions set out herein (End Products). For example, Licensee may use the Licensed Resource in a Mobile Application Title that may be downloaded or sold up to 250,000 times in the aggregate (subject to the Restriction), but Licensee may not use the Licensed Resource in a Mobile Application Title AND a Website Title that are each sold 250,000 times.This requires a separate licence for the Mobile Application Title and the Website Title.
 
prohibited uses 
  • On-demand applications (such as print-on-demand and create-on-demand services) for commercial or non-commercial use are prohibited. Any use that allows someone other than the licensee, e.g. an end user, to adapt a digital or physical end product is prohibited, regardless of whether it is a commercial or non-commercial use. This includes but is not limited to „print on demand“, „made to order“ or „download on demand“ use.
trademarks and coüyright

trademarks:
The Licensed Resources and their end products and modifications may not be used as part of any trademark, service mark, design mark or trade name. In no event does this Licence Agreement permit Licensee to register, protect or enforce any trademark or similar right in Licensed Resources.

copyright:
The licensee may not claim the licensed asset (or any modification thereof) as its own copyrighted work (the original licensed resource must be excluded from any copyright registration).

future technologies
The licence is limited to the uses expressly permitted in this licence agreement: Future existing technologies and uses are expressly reserved and not included in the scope of the licence.

 
strictly prohibited uses

Nothing in this Licence Agreement grants Licensee any of the following rights, all of which rights are expressly reserved:

  • Under no circumstances, not even free of charge, may sublicences be granted, resold or redistributed.
  • No access to resources may be granted where they can be shared or transferred (e.g. in an application or template, with source files and/or not integrated).
  • Uploading a resource to a website with a resolution that exceeds the screen resolution of the intended display device is considered an attempt to redistribute the graphic. You agree to take all reasonable steps to prevent third parties from accessing and/or reproducing the Resources. If you become aware of any unauthorised copying or access to any of the Resources, please notify me by email at info@marlieshopfensitz.de.
  • Do not claim that you are the author of the graphic, even if you have made changes. 
  • Resale or sublicensing of the Licensed Resources or any modification thereof in a manner that directly competes with the original Licensed Resources is strictly prohibited!
  • You may modify or manipulate the resource or incorporate it into other content and make a derivative work from it. As between you and Marlies Hopfensitz, Marlies Hopfensitz retains all right, title and interest in and to the resource, and the resulting derivative work is subject to the terms of this licence, including the restrictions set out. 

LICENSING TO THIRD PARTIES IS PROHIBITED WITH LIMITED EXCEPTIONS FOR CLIENTS AND SERVICE PROVIDERS

A separate licence is required for use by third parties..

This Licence Agreement does not permit sublicensing except for the limited rights to sublicense described in the next section:

Limited sub-licensing is permitted.

The licensee may only sublicense the licensee’s rights to third parties in three situations:

  • to manufacture, market or distribute Completed End Uses (as defined above) using the Licensed Resources (as expressly permitted herein) when done on behalf of Licensee, provided that the sublicense may only be granted on the condition that the sublicensee is prohibited from extracting, reproducing or otherwise using the Licensed Asset and that Licensee shall at all times ensure compliance by the sublicensee with the terms of this License Agreement and remain liable for any non-compliance. For example, the Licensee may use distributors to manufacture or distribute physical products for resale or product packaging; likewise, the Licensee may use third party providers, such as hosting providers to host a ready-made website or website publishers to display ready-made digital advertisements
  • to a service provider serving as a subcontractor of the Licensee to provide services to the Licensee, provided that the Licensee at all times ensures compliance by the sublicensee with the terms and conditions of this Licence Agreement and remains liable for any non-compliance and the Licensee has purchased a sufficient number of seats for the Licensee (e.g. each individual requires a licence as specified above)
  • to a customer of the licensee if the licensee transfers to that customer a completed end use (as defined above, e.g. a finished website, advertisement, product or product packaging). In this case, the sub-licence may only be granted on the condition that the sub-licensee is prohibited from extracting, reproducing or using the licensed subject matter in any way other than as necessary to exploit the end use that the licensee provides to the customer. The Licensee shall at all times ensure compliance by the Sublicensee with the terms of this License Agreement and shall remain liable for any non-compliance.
Credits

A credit is required for any editorial use; for non-editorial use a credit is desirable but not mandatory.

If you use the resources for editorial purposes (e.g. print, web or TV), you must indicate the credit in close proximity with: Marlies Hopfensitz / www.marlieshopfensitz.de

termination

Marlies Hopfensitz may terminate this licence agreement at any time if the licensee breaches any of the terms of this or any other agreement with Marlies Hopfensitz. In such event, Licensee shall immediately: cease use of the Licensed Material; delete or destroy all copies; and, upon request, certify in writing to Marlies Hopfensitz that Licensee has complied with such requirements. If Licensee uses the Licensed Resources on a social media platform or other third party website and the platform or website uses (or announces that it intends to use) the Licensed Resources for its own purposes or in a manner that violates this License Agreement, the rights granted for such use shall immediately terminate and in such event Licensee agrees, upon request by Marlies Hopfensitz, to remove all Content from such platform or website.

audit

Licensee agrees to provide Marlies Hopfensitz, upon reasonable notice, with sample copies of projects or end-uses incorporating the Licensed Resources, including by providing Marlies Hopfensitz with free access to any website or platform with paid or otherwise restricted access on which the Licensed Resource is reproduced.
In addition, upon reasonable notice, Marlies Hopfensitz may, at its sole discretion, either through its own employees or through third parties, audit Licensee’s records directly related to this License Agreement and Licensee’s use of the Licensed Resource to verify compliance with the terms of this License Agreement.

Limitation of liability  
  • You acknowledge that the Resources have not been created 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.
  • You may not use the Resources in any manner that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, deceptive, invasive of privacy or publicity rights, harassing, humiliating to others (publicly or otherwise), defamatory, obscene, threatening, profane, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or is otherwise objectionable.
  • Marlies Hopfensitz shall not be liable or responsible for any failure or delay in performing any obligation under this Licence caused by any act or event beyond its reasonable control, including without limitation the failure of public or private telecommunications networks.
  • Marlies Hopfensitz does not guarantee that the use of the resources will be uninterrupted or error-free.
  • You may not transfer your rights or obligations under this licence to any other person or company without my express written consent.
  • Each of the terms of this licence applies separately. If any court or competent authority decides that any of these terms is unlawful or unenforceable, the remaining terms shall remain in full force and effect.
  • Under no circumstances will I be liable to you or to any third party for any special, consequential or incidental damages, including lost profits, savings or business interruption arising out of the defectiveness of the item.
  • Under no circumstances will I be liable to you or to any third party for events beyond my reasonable control – this includes, but is not limited to, strikes, acts of God, terrorism, civil unrest or other events that might be defined as force majeure.
choice of law

Any litigation, action or proceeding arising out of or relating to the Licensed Resource or this License Agreement shall be brought exclusively in the Federal Republic of Germany. The place of jurisdiction for all disputes arising from this licence agreement is Baden-Württemberg, Germany, unless otherwise required by law.

If any provision of this License Agreement is found by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be stricken or limited to the minimum extent necessary so that the remaining provisions of the License Agreement, including the Terms of Use, shall continue in full force and effect.

notices

All notices required to be sent to Marlies Hopfensitz under this Licence Agreement should be sent by email to info@marlieshopfensitz.de. All notifications to the Licensee will be sent by email to the address provided by the Licensee when purchasing the Resource.

PRIVATE LICENCE

  • Licensee: Individual
  • Number of users (or seats): single user (or seat)
  • commercial use: not permitted
  • Non-commercial (personal) use: permitted

All graphics and graphic sets / cliparts / add-ons / templates / mock-ups / application templates and iron-on pictures / craft instructions and craft sets by Marlies Hopfensitz are protected by the German Copyright Act and the Universal Copyright Convention. Marlies Hopfensitz owns all rights, including all copyrights to the graphics and clipart. Your rights to use the graphics and graphics sets / cliparts / add-ons / templates / mock-ups / application templates and iron-on pictures / craft instructions and craft sets are subject to the terms and conditions set out below. The rights of use are linked to the payment of a corresponding amount for the use of the graphics and graphic sets / cliparts / add-ons / templates / mock-ups / application templates and iron-on pictures / craft instructions and craft sets. Marlies Hopfensitz reserves the right to make changes to these terms and licence conditions at any time.

This licence agreement („Licence“) is a legal agreement between you („Licensee“ or „you“) and Marlies Hopfensitz („Licensor“, „I“ or „my“) and about downloading, installing or using the graphics and graphic sets / cliparts / add-ons / templates / mock-ups / application templates and iron-on pictures / craft instructions and craft sets (hereinafter referred to as „Resources“).

You acknowledge that all intellectual property rights in the Resources in Germany and worldwide belong to Marlies Hopfensitz, that the rights in the Resources are licensed to you only and are not sold, and that you have no rights in the Resources other than the right to use them in accordance with the terms of this Licence.

Private Licence Details

This is a single licence for Non-Commercial Use (as defined below) and the Licensed Resources may only be used and accessed (as permitted in this Licence Agreement) by a single natural person who is the Licensee specified at the time of purchase. If more than one person is working together to use the same Licensed Resources, each person must purchase a licence for those Licensed Resources.
The licensee may select multiple users (or seats) at the time of purchase only if the licensee is entitled to legally bind the other persons who will use the licensed resources to this licence agreement (e.g. a child or a spouse). For use by a business, e.g. an employer, one of the licence agreements allowing commercial use is required.

THIS LICENCE AGREEMENT PERMITS NON-COMMERCIAL (PERSONAL) USE ONLY;
COMMERCIAL USE AND NON-COMMERCIAL USE DEFINED

This Licence Agreement permits only the non-commercial use of the Licensed Resources as expressly stated below (Permitted Uses and Quantity/Printing Limitations). Any commercial use is expressly prohibited.

Commercial use
„Commercial“ use is any use:

  • involving an exchange of money or other consideration,
  • that promotes a business (e.g. sole proprietorship, corporation or partnership), product or service; or
  • where financial gain or other consideration is either sought or is a direct or indirect result of the licensee’s use of the licensed resources. If one or more of these criteria are met, then the use is considered „commercial“.

non-commercial use (personal)
„Non-commercial“ use is use for exclusively personal purposes. A use that meets the definition of „commercial use“ cannot be a non-commercial use.

END PRODUCT
PERMITTED USES AND LIMITATIONS ON QUANTITY AND EXPENSES

An „end use“ of a Licensed Resource means that the Licensed Resource is used only as expressly permitted below:

End products for non-commercial use

Physical products:

  • Licensee may create physical end products not intended for resale or wholesale, such as, but not limited to, clothing, cards, invitations, stickers, mugs, stamps, candles, posters, signs, home décor, etc. for non-commercial use.
  • The Licensee may create physical or digital end-packaging products for non-commercial use, such as, but not limited to, labels, stickers or containers, etc. for non-commercial use only.

Digital products:

  • The licensee may create digital end products for non-commercial use, such as static designs, static website elements for non-commercial use (e.g. a private blog or for a private social media channel).
  • The licensee may use the licensed resources in digital or printed publications such as cards, invitations, photo albums and scrapbooks, e-books or e-publications intended for non-commercial use only.
prohibited uses
  • All end products for commercial use (including but not limited to physical products, product packaging, digital products or digital or printed publications) are prohibited.
  • On-demand applications (such as print-on-demand and create-on-demand services) for commercial or non-commercial use are prohibited. Any use that allows someone other than the licensee, e.g. an end user, to adapt a digital or physical end product is prohibited, regardless of whether it is a commercial or non-commercial use. This includes but is not limited to „print on demand“, „made to order“ or „download on demand“ use.
 
Social media, marketing and advertising

Company Social Media:
is prohibited for commercial or non-commercial use.

Physical (printed, paid or unpaid) advertising:
Such as billboards, signage, printed advertisements, etc. are prohibited for commercial or non-commercial use.

Digital (paid or unpaid) advertising:
Internet ads, such as ads served by Google Ads, Bings Ads, Facebook Ads, Linkedin Ad, etc., are prohibited for commercial or non-commercial use.

Digital development
Website Software Development, Mobile Application Development, Desktop Application Development and Video Game Development: is prohibited for commercial or non-commercial use.

Trademark and copyright

Trademark:
The Licensed Resources and their end products and modifications may not be used as part of any trademark, service mark, design mark or trade name. In no event does this Licence Agreement permit Licensee to register, protect or enforce any trademark or similar right in Licensed Resources.

Copyright:
The licensee may not claim the licensed asset (or any modification thereof) as its own copyrighted work (the original licensed resource must be excluded from any copyright registration).

Future technologies
The licence is limited to the uses expressly permitted in this licence agreement: Future existing technologies and uses are expressly reserved and not included in the scope of the licence.

STRICTLY PROHIBITED USES

Nothing in this Licence Agreement grants Licensee any of the following rights, all of which rights are expressly reserved:

  • Under no circumstances, not even free of charge, may sublicences be granted, resold or redistributed.
  • No access to resources may be granted where they can be shared or transferred (e.g. in an application or template, with source files and/or not integrated).
  • Uploading a resource to a website with a resolution that exceeds the screen resolution of the intended display device is considered an attempt to redistribute the graphic. You agree to take all reasonable steps to prevent third parties from accessing and/or reproducing the Resources. If you become aware of any unauthorised copying or access to any of the Resources, please notify me by email at info@marlieshopfensitz.de.
  • Do not claim that you are the author of the graphic, even if you have made changes. 
  • Resale or sublicensing of the Licensed Resources or any modification thereof in a manner that directly competes with the original Licensed Resources is strictly prohibited!
  • You may modify or manipulate the resource or incorporate it into other content and make a derivative work from it. As between you and Marlies Hopfensitz, Marlies Hopfensitz retains all right, title and interest in and to the resource, and the resulting derivative work is subject to the terms of this licence, including the restrictions set out. 

Any other use not expressly permitted in this licence agreement is strictly prohibited 

Limitation of liability 
  • You acknowledge that the Resources have not been created 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.
  • You may not use the Resources in any manner that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, deceptive, invasive of privacy or publicity rights, harassing, humiliating to others (publicly or otherwise), defamatory, obscene, threatening, profane, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or is otherwise objectionable.
  • Marlies Hopfensitz shall not be liable or responsible for any failure or delay in performing any obligation under this Licence caused by any act or event beyond its reasonable control, including without limitation the failure of public or private telecommunications networks.
  • Marlies Hopfensitz does not guarantee that the use of the resources will be uninterrupted or error-free.
  • You may not transfer your rights or obligations under this licence to any other person or company without my express written consent.
  • Each of the terms of this licence applies separately. If any court or competent authority decides that any of these terms is unlawful or unenforceable, the remaining terms shall remain in full force and effect.
  • Under no circumstances will I be liable to you or to any third party for any special, consequential or incidental damages, including lost profits, savings or business interruption arising out of the defectiveness of the item.
  • Under no circumstances will I be liable to you or to any third party for events beyond my reasonable control – this includes, but is not limited to, strikes, acts of God, terrorism, civil unrest or other events that might be defined as force majeure.
RIGHT SELECTION 

Any litigation, action or proceeding arising out of or relating to the Licensed Resource or this License Agreement shall be brought exclusively in the Federal Republic of Germany. The place of jurisdiction for all disputes arising from these licence terms is Baden-Württemberg, Germany, unless the law mandatorily requires otherwise.

All disputes, actions or proceedings arising out of or in connection with the Licensed Resource or this Licence Agreement shall be brought exclusively in the Federal Republic of Germany. The place of jurisdiction for all disputes arising from these Licence Terms shall be Baden-Württemberg, Germany, unless otherwise provided by mandatory law.

NOTICES

All notices required to be sent to Marlies Hopfensitz under this Licence Agreement should be sent by email to info@marlieshopfensitz.de. All notifications to the Licensee will be sent by email to the address provided by the Licensee when purchasing the Resource.

ATTENTION!

These licence agreements also apply to free files that can be downloaded from this site and others.

The type of licence is noted next to the respective free resource or mentioned in the description!

Important Notice for all users:

By acquiring the rights to use the resources, you agree to accept the terms of this licence. The terms of this licence include, in particular, the limitations of liability in this agreement. If you do not agree to the terms of this licence, I will not grant you a licence to use the resources and you agree not to use the resources.

By purchasing the right to use the resources through any of my online shops (Etsy, Creative Market, TheHungryJPEG, Envato GraphicRiver and any others), you hereby agree to immediate performance of the contract and acknowledge that you lose your right to withdraw from the contract once the download of the digital content has begun.

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