This License Agreement ("License") is a legally binding contract between you ("Licensee" or "you") identified as the licensee in the purchase process or, if acting on behalf of an employer, your employer with their authorization, and Masha Litvinova LLC, N 202252017414 ("Licensor," "I," "We," or "my"), the proprietor of this website, for the download, installation, or use of the Patterns/Graphics ("Design," "Designs," "Print," or "Prints"). All Designs by Masha Litvinova LLC are protected by US copyright laws and international treaties. Masha Litvinova LLC holds all rights, including copyrights, to the Designs. The Licensee acknowledges that, by completing the purchase process of any design and/or checking "agree," the Licensee has read the entire License Agreement and agrees to its terms. If you do not agree to these terms, you do not have the right to use any of the designs available for licensing on www.mashalitvinova.com. This license contains important provisions, including limitations on liability in Section 4 of this agreement. We offer three types of licenses: Commercial, Extended Commercial, and Exclusive License, and the one selected at the time of purchase governs the licensee's use of the licensed Designs. Masha Litvinova LLC reserves the right to modify the terms of this License Agreement.
IMPORTANT NOTICE:
• By purchasing the right to use the designs from this website, you hereby consent to immediate adherence to the License Agreement and acknowledge that your right of withdrawal from the contract is forfeited once the resources have begun to download or have been downloaded.
END USER LICENSE AGREEMENT
Commercial and Extended Commercial License
Masha Litvinova LLC hereby grants you a non-exclusive, non-transferable worldwide right to utilize the Designs in the following manners, subject to the restrictions outlined in the "Restrictions" section:
1. End Product
You are permitted to use a purchased Design in a new End Product as long as the End Product adheres to the following conditions:
- 1.1 End Products must not be utilized or sold in direct competition with the original Designs you acquired. Redistribution of the original Designs or any of their components to third parties in a manner that allows for the extraction of the original design elements is strictly prohibited.
- 1.2 You may employ the Designs in multiple personal or commercial Projects, which may encompass several End Products. A Project is defined as a comprehensive and cohesive endeavor that could yield one or more End Products. All End Products included in a Project must be directly related under a single concept (e.g., a Branding kit with letterheads, envelopes, business cards, and other items).
- 1.3 In the case of a Commercial license, the total sales of the End Product for Sale must not surpass 1000 units. Should the End Product for Sale, under a commercial license, exceed 1000 units, you have the option to acquire either another Commercial License or an Extended Commercial License.
- 1.4 In cases where the Designs are used on Wallpapers and Textiles/fabrics, the lifetime sales of the End Product for Sale must not exceed 12,000 meters in length for Commercial license. If this threshold is exceeded, you have the option to purchase another Commercial License or an Extended Commercial License.
- 1.5 The aggregate number of physical end products available for sale includes all products originating from a single or multiple projects combined.
- 1.6 An End Product For Sale can only be a physical item intended for sale to more than a single individual, for any fee or charge. The sale of digital End Products utilizing the Designs is strictly prohibited.
- 1.7 While we make every reasonable effort to exclude viruses from the Licensed Design, we cannot guarantee such exclusion, and we do not assume liability for viruses. Therefore, it is strongly recommended that you thoroughly scan the downloaded Design upon receipt and take appropriate measures to safeguard against any associated risks.
- 1.8 You are allowed to modify or manipulate the Designs in terms of recompositing or color adjustments. However, Masha Litvinova LLC will retain all rights, title, and ownership in the Designs, and the resulting derivative work remains subject to the terms of this License, including the Restrictions specified in Section 3.
- 1.9 Derivative designs derived from a specific design used in an End Product will also contribute to the total lifetime sales of the End Products associated with that particular purchased design.
2. Design Management
- 2.1 Licensee may only upload the Licensed Designs to a server owned and controlled by Licensee or a cloud storage service, cloud-based design app, or digital asset manager account controlled by Licensee, solely for the use of the Licensed Designs by Licensee, as allowed herein.
3. Restrictions
You are expressly prohibited from the following:
- 3.1 Sub-licensing, reselling, redistributing, providing access to, sharing, or transferring any of the Designs (e.g., as stock, in a tool or template, with source files, and/or not incorporated into an End Product) under any circumstances, even for free.
- 3.2 Uploading any Design to a website at a resolution exceeding the intended viewing device's display resolution will be considered an attempt to redistribute the Design. You are obligated to take all commercially reasonable measures to prevent third parties from accessing and/or duplicating the Designs. If you become aware of any unauthorized duplication or access to any of the Designs or their components, please notify us.
- 3.3 Implying or claiming authorship of the designs, even if modifications have been made. When using the Designs for editorial purposes (print, web, or TV), proper credit must be provided adjacent to the product: www.mashalitvinova.com.
- 3.4 Making Designs or any of their components/elements available to a third party on a digital asset management system, shared drive, or similar platforms for the purpose of sharing or transferring such Designs or their components/elements.
- 3.5 Reselling a Design directly or within a broader design/product where the original Designs or any of their components/elements can be used or extracted in their original form, in both digital and print formats.
- 3.6 Reselling a website template with an embedded Design, except when the website files utilizing a Design are passed on to an individual client. In such cases, both you and your client must possess a valid license to justify this.
- 3.7 Reselling a digital template that incorporates the Designs. The Designs may NOT be used in an End Product for sale that is of a digital nature (e.g., Print On Demand sites), in any form.
- 3.8 Registering the Designs or the end product that incorporates the Designs as a trademark. Please note that other customers or third parties may use the same Design due to the nature of the non-exclusive license terms, unless purchased under an exclusive license.
4. Limitation of Liability
- 4.1 You acknowledge that the Design has not been developed to meet your specific requirements, and it is your responsibility to ensure that the Design's features and functions align with your needs.
- 4.2 The Designs may not be used in a manner that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, deceptive, infringing, invasive of personal privacy or public rights, harassing, humiliating to others (publicly or otherwise), libelous, obscene, threatening, profane, or promotes racism, bigotry, hatred, or physical harm against any group or individual, or is otherwise objectionable.
- 4.3 Masha Litvinova LLC will not be held liable or responsible for any failure to perform, or delay in the performance of, any of its obligations under this License resulting from any act or event beyond its reasonable control, including, but not limited to, failures of public or private telecommunications networks.
- 4.4 We do not warrant that the operation of the Designs will be uninterrupted or error-free.
- 4.5 You may not transfer your rights or obligations under this License to another person or business without our express written consent, which may be provided via email.
- 4.6 Under no circumstances may you embed Designs or their elements into software or hardware products in which the Designs will be used by the purchasers of such products, or from which the elements or motifs of the design can be extracted or transmitted.
- 4.7 Each condition of this License functions independently. If any provision or part-provision of this agreement is or becomes invalid, illegal, or unenforceable, it shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not feasible, the relevant provision or part-provision shall be deemed deleted. Any modification or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the remaining portions of this