License Terms for Tom Chalky Products (excluding fonts)
The following License Terms that may be amended or updated from time to time (collectively the “Agreement”) constitute an agreement between you (“Buyer” or “you”) and Tom Chalky, setting forth the rights and obligations with respect to the digital content (“Items”) licensed by you. Please review the Agreement before you purchase any Items.
All Items available on tomchalky.com are protected by United Kingdom and international copyright laws and treaties. As between you and Tom Chalky, Tom Chalky retains ownership of the Items, but grants to you certain rights to use the Items on the following terms. All other rights are expressly reserved by Tom Chalky.
1. You may use a purchased Item in a new End Product (See section 3 for more details) as long as the End Product meets the following requirements.
End Products must be significantly different than the original Item and require 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.
Special terms apply for Photoshop (and Illustrator) Brushes, Actions, and PSD files. Here, an End Product must be a unique implementation of the Item. For example, you may purchase a brush to create an illustration, but you must not redistribute the original files in any way.
2. A purchased Item may be used in one Project. As an exception, Installable Items (Brushes, Actions, and PSD Files) may be used in an unlimited number of Projects on a one seat per license basis. A Project is defined as a complete and cohesive undertaking that may result in one or more End Products. Any End Products included in the one Project must be directly related under a single concept. However, all purchased Items may be used in an unlimited number of Personal Use Projects.
3. Under the Commercial License, you may use purchased Items to create End Products for Sale where lifetime sales of the End Product for Sale do not exceed 500 units. If a Commercially Licensed Item is purchased and used to create an End Product for Sale of which the sales exceed 500 units, either another Commercial License or an Extended License must be purchased (To purchase an extended license, please get in touch). For End Products that are not offered for sale, you may distribute as many copies of the End Product as you like.
An End Product For Sale can be either a digital design or physical item that you and/or your client intend to sell to more than a single person (wholesale, drop-shipping, etc.). For purposes of this license, “intend to sell” means you plan to sell, license, sub-license, or distribute the End Product for any type of fee or charge.
4. You may modify or manipulate the Item, or incorporate it into other content and make a derivative work from it. As between you and Tom Chalky, Tom Chalky will retain all right, title, and ownership in the Item, and the resulting derivative work is subject to the terms of this Standard License.
5. You may not sublicense, resell, share, transfer, or otherwise redistribute the Item (e.g. as stock, in a tool or template, with source files, and/or not incorporated into an End Product) under any circumstances, not even for free.
6. You may not make the Item available on a digital asset management system, shared drive, or the like for the purposes of sharing or transferring the Item, and you must not permit an end user of the end product to extract the Item and use it separately from the End Product.
7. 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 Tom Chalky directly in order to inquire about further rights options.You may not publicly display the Item: (a) as a standalone file in any digital format on the internet; or (b) in any digital format without imposing technical or written restrictions to prevent the unauthorized use of the Item by third parties. You agree to take all commercially reasonable steps to prevent third parties from accessing and/or duplicating the Item. If you become aware of any unauthorized duplication of any Item please notify Tom Chalky (email@example.com).
8. You may not publicly display the Item: (a) as a standalone file in any digital format on the internet; or (b) in any digital format without imposing technical or written restrictions to prevent the unauthorized use of the Item by third parties. You agree to take all commercially reasonable steps to prevent third parties from accessing and/or duplicating the Item. If you become aware of any unauthorized duplication of any Item please notify Tom Chalky (firstname.lastname@example.org).
9. You may not 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. Items that contain digital images of real products, trademarks or other intellectual property owned by third parties may require clearance from the rights owner. It is your responsibility to consider whether your use of these Items requires a clearance and if so, to obtain that clearance from the rights owner.
10. You may not 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.
11. You may not use any Item if that use could result in a third party’s claim that it acquired rights in the Item that are contrary to this license. Upon Tom Chalky’s request, you shall immediately remove the Item from any unauthorized location or use, including an unauthorized social media platform or website.
12. You may not falsely represent, expressly or by way of reasonable implication, that any Item was created by you or a person other than Tom Chalky.
13. You may not use Item(s) in a manner that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, deceptive, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, obscene, threatening, profane, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or is otherwise objectionable.
If you wish to purchase an Extended License, the following terms apply (contact Tom Chalky to purchase an extended license): This Extended License allows you to use Items in any manner permitted under the Standard License, and pursuant to the obligations and restrictions therein; and
1. This Extended License allows you to use Items in any manner permitted under the Standard License, and pursuant to the obligations and restrictions therein; and
2. You may also use Items purchased under the Extended License to create End Products for Sale, in which the End Product for Sale may be sold an unlimited number of times.
1. If you breach any of the terms of the Agreement, the license can be terminated. If that happens, you must stop making copies of or distributing the End Product until you remove the Item from it. Tom Chalky shall be under no obligation to refund any fees paid by you in the event that your account is terminated by reason of a breach.
2. If you create the End Product for a client, your client must comply with these License Terms.
3. This Agreement constitutes the entire agreement between you and Tom Chalky, concerning your use of the Item. If any provision of the Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of that part of the Agreement shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect.
4. Tom Chalky’s failure to assert any right or provision under this License shall not constitute a waiver of such right or provision.
5. All Items are provided “as is” without warranty of any kind, either express or implied, including, but not limited to the implied warranties of non-infringement, merchantability, or fitness for a particular purpose.
6. Tom Chalky does not warrant that the Item will meet your requirements or that use will be uninterrupted or error free. The entire risk as to the quality, performance, and use of the item is solely with you.