SINGLE USER LICENCE AGREEMENT

All graphics (“colouring sheets, colour-and-cut sheets, how-to-draw sheets”, herein known as “Resources”) by Rachael McLean are protected by Australian copyright laws and treaties. Rachael McLean owns all rights, including the copyrights to the Resources. Your rights to use the Resources are subject to the terms stated below, and are conditional upon you making payment to Rachael McLean for the usage rights of the Resources. Rachael McLean reserves the right to make changes to these Terms and Licence.

This licence agreement (“Licence”) is a legal agreement between you (“Licensee” or “you”) and Rachael McLean (“Licensor”, “I” or “my”) for downloading and using the graphics (“Resources”).

I do not sell the Resources to you and ownership remains at all times with me, Rachael McLean. Your use of the Resources is at all times subject to the terms of this Licence.

IMPORTANT NOTICE TO ALL USERS:

  • By purchasing the right to use the Resources you agree to be bound to the terms and conditions of this licence. The terms of this licence include, in particular, limitations on liability in Section 3 of the agreement herein.

  • If you do not agree to the terms of this licence, I will not license the Resources to you and you must discontinue the use of the Resources.

  • By purchasing the right to use the Resources from any of my online shops you hereby consent to immediate performance of the contract and acknowledge that you will lose your right of withdrawal from the contract once the download or streaming of the digital content has begun.

SINGLE USER LICENCE AGREEMENT

END USERS LICENCE AGREEMENT: GRAPHICS LICENCE

Rachael McLean hereby grants you a non-exclusive, non-transferable, worldwide, right to use the Resources in the following ways, subject to the limitations set out in “Restrictions”:

  1. Use of Product

    You may use a purchased Resource as long as you meet the following requirements:

    • Resources are for personal use only and are not for commercial use, except in an education setting (e.g. preschool, kindergarten or child-care facility)

    • Resources must not be used or sold in a way that is directly competitive with the original Resource you purchased. You must not redistribute the original Resource to any third parties in a manner that allows for the extraction of the original Resource.

    • You may not modify or manipulate the Resource, or incorporate it into other content and make a derivative work from it. As between you and Rachael McLean, Rachael McLean will retain all rights, title, and ownership in the Resource, and the resulting derivative work is subject to the terms of this Graphics Licence, including Restrictions set out in Section 2.

  2. Restrictions

    You may not:

    • Resell, redistribute, provide access to, share or transfer any Resources, even for free. Uploading any Resource to a web site at a resolution that exceeds the display resolution of the intended viewing device will be deemed to be an attempt to redistribute the Resource. You agree to take all commercially reasonable steps to prevent third parties from accessing and/or duplicating the Resources. If you become aware of any unauthorised duplication or access of any of the Resources please notify me via email.

    • Imply or claim that you are the author of the artwork, even if you have made changes. If you use the Resources for editorial purposes (print, web or tv) you have to include the credit adjacent to the product: Rachael McLean/www.rachaelmclean.com

    • Make Resources available to a third party on a digital asset management system, shared drive or the like for the purposes of sharing or transferring such Resources.

    • Resell a Resource directly, or within a wider design/product where the original Resource can be extracted in its original form in both digital and print format.

    • Resell a website template whereby the embedded fonts, graphics or other Resources can be extracted. For example – web fonts, or background textures could be extracted by a new customer, without them owning this original licence – this is not acceptable. This is acceptable when the template files are passed on to an individual client, although a licence will be required for both yourself, and your client, to justify this.

    • Use Resources within ebooks, or downloadable publications whereby the fonts or graphics can be extracted in their original form from this document.

    • Use any element of a Resource to create alphabets or letterform related products, digital alphabets (alphas), adhesive stickers, embroidery letters, rubber stamps, die-cut products, or stencil products.

    • Register as a trademark the Resource or the end product incorporating the Resource – not even logos.

  3. Limitation of Liability

    • You acknowledge that the Resources have not been developed 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 Resources(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), libellous, obscene, threatening, profane, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or is otherwise objectionable.

    • Rachael McLean will not be liable or responsible for any failure to perform, or delay in performance of, any of my obligations under this Licence that is caused by any act or event beyond my reasonable control, including without limitation failure of public or private telecommunications networks.

    • I do not warrant that the operation of the Resources will be uninterrupted or error free.

    • You may not transfer your rights or your obligations under this Licence to another person or business without my express written consent.

    • Each of the conditions of this Licence operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

    • Under no circumstances will I be liable to you or any third party for any special, consequential or incidental damages including injury, lost profits, savings or business interruption as a result of the item being defective or the user using the item defectively.

    • Under no circumstances will I be liable to you or any third party for any events that are outside the reasonable control of myself – this shall include but not be limited to industrial action, acts of God, terrorism, civil commotion or any other event that could be defined as a Force Majeure.

    • This Licence, its subject matter and its formation, are governed by Australian Copyright law, the Berne Convention and the Universal Copyright Convention.

  4. Termination

    • I may terminate this Licence immediately by written notice to you if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.

    • Upon termination for any reason:

      1. All rights granted to you under this Licence shall cease;

      2. You must immediately cease all activities authorised by this Licence;

      3. You must immediately pay to me any sums due to me under this Licence; and

      4. You must immediately delete or remove the Resources from all computer equipment in your possession, and immediately destroy any tangible copies of the Resources then in your possession, custody or control and, in the case of destruction, certify to me that you have done so.

If you are unsure of anything or have any questions relating to the licence agreements, please feel free to contact me.