Skandia Design Studio – Commercial License Document

By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this Limited Commercial License (“License”). To the extent this License may be interpreted as a contract, You are granted the Licensed Rights in consideration of Your acceptance of these terms and conditions, and the Licensor grants You such rights in consideration of benefits the Licensor receives from making the Licensed Material available under these terms and conditions.

Section 1 – Definitions.

Adapted Material means material subject to Copyright that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright held by the Licensor.
Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.
Licensed Material means the artistic work to which the Licensor applied this License.
Licensed Rights means the rights granted to You subject to the terms and conditions of this License, which are limited to all Copyright that the Licensor has authority to license.
Licensor means Judy Johnson, or the individual or entity that holds the rights being granted under this License.
NonCommercial means not primarily intended for or directed towards commercial advantage or monetary compensation.
You means the individual or entity exercising the Licensed Rights under this License. Your has a corresponding meaning.

Section 2 – Scope.

License grant.
1. Subject to the terms and conditions of this License, the Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to:
  1. Produce and reproduce Adapted Material, in whole or in part, for NonCommercial purposes only; and
  2. reproduce Adapted Material for Commercial purposes up to one-thousand (1000) times. This limitation applies to the use of the Licensed Material in both digital and physical formats. The production or reproduction of Adapted Material for Commercial purposes in excess of 1,000 units is strictly prohibited.
2. Term. The term of this License is specified in Section 4(a).
3. Downstream recipients.
  1. Offer from the Licensor – Licensed Material. Every recipient of the Licensed Material automatically receives an offer from the Licensor to exercise the Licensed Rights under the terms and conditions of this License.
  2. No downstream restrictions. You may not offer or impose any additional or different terms or conditions on the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient of the Licensed Material.
4. No endorsement. Nothing in this License constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor.
Other rights.
1. To the extent possible, the Licensor waives any right to collect royalties from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases the Licensor expressly reserves any right to collect such royalties, including when the Licensed Material is used for Commercial purposes in excess of 1,000 units.

Section 3 – Disclaimer of Warranties and Limitation of Liability.

Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.
To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this License or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You.
You agree to defend, indemnify, and hold Licensor harmless from any and all claims, actions, demands, and liability, arising out of or related to Your use of the Licensed Material.
The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.

Section 4 – Term and Termination.

This License applies for the term of the Copyright licensed here. However, if You fail to comply with this License, then Your rights under this License terminate automatically.
Where Your right to use the Licensed Material has terminated under Section 4(a), it reinstates:
1. automatically as of the date the violation is cured, provided it is cured within 30 days of discovery of the violation; or
2. upon express reinstatement by the Licensor.

For the avoidance of doubt, this Section 4(b) does not affect any right the Licensor may have to seek remedies for Your violations of this License.

Sections 1, 3, 4, 5, and 6 survive termination of this License.

Section 5 – Other Terms and Conditions.

The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed in writing.
Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this License.
This License permits the Licensee to use one (1) watercolor clipart set or collection for Commercial purposes without giving credit to the Skandia Design Studio.
A separate license must be purchased for each Skandia Design Studio listing that would be used in Commercial applications.
You can create new products for sale, but You cannot copy, transfer, or resell the original image, or digital file, to anyone.

Section 6 – Interpretation.

For the avoidance of doubt, this License does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this License.
To the extent possible, if any provision of this License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this License without affecting the enforceability of the remaining terms and conditions.
No term or condition of this License will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.
Nothing in this License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority.