I. Introduction and Parties
This License Agreement (the “Agreement”) governs the terms of use for digital content, specifically Designs intended for printing (the “Licensed Asset”), offered by Aleš Boem s.r.o., registration number: 2222048, registered in the Czech Republic (the “Licensor”).
By completing the purchase process, the “Licensee” agrees to the terms outlined below.
If you are purchasing on behalf of the legal person, then only such legal person is the “Licensee” and can use the Licensed Asset subject to the terms of this License Agreement; in that case you represent and warrant that you have full legal authority to bind such legal person, as the Licensee, to the terms of this License Agreement.
II. License Types
1. Personal and Family License (Non-Commercial Use Only)
2. Commercial License (Commercial Use)
3. Subscription-Based Commercial License (Commercial Use)
“Commercial use” is any use (1) that involves an exchange of money or other consideration, (2) that promotes a business corporation or a sole proprietorship, product, or service, or (3) 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 this paragraph is met, then the use is deemed as Commercial Use.
“Non-commercial use” is a use for solely personal purposes; any use that meets the definition of Commercial Use cannot be a Non-Commercial Use.
General Terms for All Licenses
1. Intellectual Property Rights:
All rights to the Licensed Asset are retained by Aleš Boem s.r.o., Czech Republic. This Agreement grants the Licensee a limited, non-exclusive, non-transferable right to use the Licensed Asset as specified. Licensee may not claim ownership or register the Licensed Asset or its derivative works under any copyright, trademark, or other intellectual property protections. The Licensed Assets are protected by Czech Republic and international copyright and other laws and treaties.
2. Prohibited Uses:
Resale or Sub-Licensing the Licensed Asset or any modification of it in source file form is strictly prohibited.
Distribution of the Licensed Asset in a way that allows extraction, download, or sharing outside of the permitted end products.
Illegal or Harmful Use: Use of the Licensed Asset in defamatory, pornographic, illegal, or otherwise offensive materials is strictly prohibited.
Falsely representing authorship and/or ownership of the Licensed Asset is strictly prohibited.
3. 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 WHERE IS BASIS”, without any warranties of any kind, either express or implied. Boem 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.
4. Limitation of Liability:
Licensor shall not be liable for any indirect, incidental, or consequential damages, including loss of revenue, data, or goodwill, arising from Licensee’s use of the Licensed Asset.
5. Indemnification:
Licensee agrees to indemnify and hold harmless Licensor against any claims, damages, or expenses arising from the Licensee’s use of the Licensed Asset in violation of this Agreement or applicable laws.
6. Governing Law and Jurisdiction:
This Agreement is governed by the laws of the Czech Republic. Any disputes shall be resolved exclusively in the courts of the Czech Republic.
7. Modifications:
Licensor reserves the right to update this Agreement at any time. The current version at the time of purchase shall apply to all new purchases, while existing Licensees will be notified of any significant changes.
8. Penalty for Breach of Agreement:
In the event that the Licensee violates any of the terms outlined in this Agreement, including but not limited to unauthorized use, distribution, sublicensing, or modification of the Licensed Asset outside the permitted scope, the Licensee agrees to pay a penalty fee to Aleš Boem s.r.o., amounting to €2,000 (or its equivalent in local currency) per violation.
This penalty is intended to cover damages incurred by Aleš Boem s.r.o. due to the breach and does not limit the Licensor’s right to seek further legal remedies, including but not limited to compensation for additional damages, injunctions, or termination of this Agreement. If the breach involves continuous or repeated unauthorized use, distribution, or sublicensing, each instance of unauthorized use or distribution may be treated as a separate violation, and a separate penalty may be applied accordingly.
The Licensee acknowledges that this penalty fee is fair and reasonable, given the unique and proprietary nature of the Licensed Asset and the potential impact of unauthorized use on Aleš Boem s.r.o.
1. Personal and Family License
(Non-Commercial Use Only)
Scope of License:
This license allows the Licensee to use the Licensed Asset strictly for personal, non-commercial purposes.
Permitted Uses:
Physical Products: Licensee may create physical items such as home decor, accessories, and decorations for personal use only, excluding any form of resale or distribution.
Digital or Print Publications: Licensee may use the Licensed Asset in digital or print publications for private, non-commercial projects.
Social Media: Licensee is allowed to use the Licensed Asset on personal social media accounts, but not on business or company pages.
Storage and Use Restrictions:
Storage: Licensee may only store the Licensed Asset on personal devices or private cloud storage controlled solely by the Licensee.
Prohibited Uses:
Commercial Use: Any use that involves monetary exchange, business promotion, or commercial advertising is strictly prohibited.
Customization: Use in any on-demand services that allow customization by end-users is not allowed.
Public Display: Sharing the Licensed Asset in a way that allows others to download or extract the file independently is not permitted.
Termination:
Licensor may terminate this license if the Licensee breaches any terms. Upon termination, Licensee must immediately cease using the Licensed Asset and delete all copies.
2. Commercial License
(One-Time Payment)
Scope of License:
This license grants limited rights to use the Licensed Asset for commercial purposes with a one-time payment.
Permitted Uses:
End Products: Licensee may create and sell physical items (e.g., decor, accessories) or packaging containing the Licensed Asset.
Print and Digital Publications: Licensee may use the Licensed Asset in print or digital media for commercial purposes, including e-books, websites, and magazines.
Storage and Management:
The Licensed Asset may be stored on servers or cloud storage controlled solely by the Licensee.
Sublicensing rights are limited strictly to third-party providers handling manufacturing, distribution, or service provision on behalf of the Licensee. Subcontractors must follow all terms of this Agreement.
Prohibited Uses:
Competitive Use: The Licensed Asset may not be resold or sublicensed as stock assets, templates, or in any form that directly competes with the Licensor.
Trademarks: The Licensed Asset cannot be registered or claimed as part of a trademark, business name, or brand without a custom license.
Making public or sharing the Licensed Asset in any way that allows others to download, extract, or redistribute Licensed Asset as a standalone file (meaning just the content file itself, separate from the project or end use that is expressly permitted) is strictly prohibited.
Falsely representing authorship and/or ownership of the Licensed Asset is strictly prohibited.
Payment Terms:
A one-time fee grants the Licensee perpetual, non-exclusive rights to use the Licensed Asset as specified, without ongoing royalties.
Termination:
Licensor reserves the right to terminate this license for breach of any terms. Upon termination, Licensee must delete all copies and cease all use.
3. Subscription-Based Commercial License
Scope of License:
This subscription-based license allows for commercial use of the Licensed Asset in a selected packages.
Permitted Uses:
End Products: Licensee may create and sell physical items (e.g., decor, accessories) or packaging containing the Licensed Asset.
Print and Digital Publications: Licensee may use the Licensed Asset in print or digital media for commercial purposes, including e-books, websites, and magazines.
Storage and Management:
The Licensed Asset may be stored on servers or cloud storage controlled solely by the Licensee.
Sublicensing rights are limited strictly to third-party providers handling manufacturing, distribution, or service provision on behalf of the Licensee. Subcontractors must follow all terms of this Agreement.
Prohibited Uses:
Competitive Use: The Licensed Asset may not be resold or sublicensed as stock assets, templates, or in any form that directly competes with the Licensor.
Trademarks: The Licensed Asset cannot be registered or claimed as part of a trademark, business name, or brand without a custom license.
Making public or sharing the Licensed Asset in any way that allows others to download, extract, or redistribute Licensed Asset as a standalone file (meaning just the content file itself, separate from the project or end use that is expressly permitted) is strictly prohibited.
Falsely representing authorship and/or ownership of the Licensed Asset is strictly prohibited.
Storage and Use Limitations:
Same storage and management provisions as other licenses.
Subscription Cancellation:
Licensor reserve the right to manually cancel the subscription. In the event of cancellation, the Licensee must contact Licensor, and the subscription will be terminated after 30 days from request. During this period, the subscriber may complete any outstanding orders.
Validity of Subscription-Based License:
The license is valid only during the active subscription period. Upon termination or cancellation, the license expires, and Licensee must cease all use of the Licensed Assets.
Termination:
Upon cancellation, the Licensee has 30 days to cease all use of the Licensed Asset and delete all copies. Failure to do so constitutes a breach of this Agreement.
Upon termination of any commercial license (One-Time or Subscription-Based), whether due to breach of this Agreement, cancellation by the Licensee, or any other reason, the Licensee is obligated to:
1. Cessation of Use: Immediately cease all use of the Licensed Asset in any commercial capacity.
2. Removal of Digital Materials: Within 30 days of termination, remove and delete any digital assets that display, promote, or are otherwise associated with the Licensed Asset, including but not limited to:
Product Photography: Any images depicting the Licensed Asset, whether standalone or as part of a product, must be removed from all websites, social media, digital catalogs, and other online or offline repositories controlled by the Licensee.
Product Videos: All videos containing or featuring the Licensed Asset, including demonstrations, marketing clips, or instructional videos, must also be deleted and unpublished from all media channels, streaming platforms, and repositories.
Archived Files: Any files saved on backup drives, cloud storage, or third-party repositories must be permanently deleted.
3. Verification of Deletion: Upon request by Aleš Boem s.r.o., the Licensee must provide written confirmation of compliance with these deletion requirements, including any relevant documentation proving removal from digital platforms.
Failure to remove these materials or provide confirmation, as stipulated, may be treated as a breach of this Agreement and may result in a penalty fee or further legal actions.