Updated June 26, 2022
Licensee – Individual or Legal Entity (Company), as indicated at the time a Licensed Asset is:
- Obtained free of charge (for example, as a downloaded “Freebie”)
- Given as a gift to one recipient
There are three types of Licensees:
- Purchaser – Individual or Legal Entity that purchases the Asset and License.
- Recipient – One individual that receives a purchased Asset and License from a Purchaser as a gift (the Plus-1).
- User – Individual or Legal Entity that obtains a free Asset and License from PineConeAndPencil.com.
Number of Users – The number of permitted users (or seats) is the number of users or seats declared and/or paid for at the time of acquisition or purchase.
Commercial Use: Physical and Digital End Products – Unlimited total Physical End Products and Digital End Products. Use in applications (web or software) is prohibited.
Any use of a Licensed Asset for Commercial use must:
- Be significantly different than the original Licensed Asset.
- Require time, effort, and skill to produce.
- Not derive its primary value from the Licensed Asset itself.
Any resale and/or sub-license of the Licensed Asset in source file form and/or otherwise competitive with the Licensed Asset is prohibited.
Examples of End Products
Using a Digital File to create End Products like a canvas bag, dress material, a cup, or a finished scrapbook page (that incorporates other items/elements) is allowed. Likewise, using a BRUSH to create an End Product like digital scrapbook paper (e.g., JPG), a unique artwork (digital or print), or a unique new BRUSH with a Shape or Grain that differs significantly from the original BRUSH is allowed.
However, modifying a Digital File (like, a JPG or BRUSH) in color or size does NOT make it an End Product. Repackaging a Digital File as is, repackaging a piece from a collection of Digital Files, repackaging multiple collections of Digital Files, or repackaging Digital Files in another form—as in saving JPGs as PDFs—does NOT qualify as an End Product either and is not allowed.
Please send your questions about what qualifies as an End Product to us. We are happy to clarify our definitions, terms, and how they support your design and market efforts.
Commercial Use: Advertisements and Promotion – Unlimited Physical (Printed) Advertisements within a Local Market is viewed as and End Product and permitted.
Commercial Use: Broadcast Content – No limit on number of lifetime viewers.
This License Agreement contains important legal terms, and Licensee acknowledges that by completing the purchase process or by completing an acquisition of a free asset and/or by checking “agree” and/or clicking “download”, Licensee has read the entire License Agreement and agrees to the terms herein.
This License Agreement states the terms and conditions of Licensee’s non-exclusive and limited copyright license with respect to the digital content (“Licensed Asset“) made available from PineConeAndPencil.com and/or Elizabeth Ness and purchased or obtained free of charge by Licensee.
1. NUMBER OF USERS (OR SEATS).
This License Agree is an agreement between:
The “Licensee” who is (1) the individual person indicated as the licensee during the purchase process and (2) one additional individual person indicated as sole recipient of the Licensed Asset given as a gift. Or, (3) an individual person indicated as the licensee during the process of acquiring a Licensed Asset at no charge (e.g., a “Freebie”),
Elizabeth Ness and/or Pine Cone and Pencil and/or Liz Ness.
The number of individual users permitted to access and use the Licensed Asset (as permitted in this Licensee Agreement) is the number of users (or seats) selected and paid for at the time of purchase or acquisition at no charge. If Licensee requires additional users (or seats), additional licenses to the Licensed Asset must be purchased.
2. THIS LICENSE AGREEMENT PERMITS BOTH PERSONAL AND COMMERCIAL USE
- Personal Use is use for personal purposes.
- Commercial Use is any use that (1) involves an exchange of money or other consideration, (2) that promotes a business, product, or service, or (3) where financial gain or other consideration is sought or is a result, directly or indirectly, of a Licensee’s use of the Licensed Asset is regarded as Commercial Use.
3. PERMITTED USES AND LIMITATIONS
a) Limited Sub-licensing. The Purchaser Licensee and only the Purchaser Licensee may:
- Keep the Licensed Asset and License and
- Give one copy of the Licensed Asset and License to one—and only one—other person (the “Recipient Licensee”) as a gift.
b) End Use. The Licensed Asset may be used for “End Use” as permitted below. A Licensee may create:
- Physical Products, Product Packaging, and Print Publications for Personal Use and Commercial Use, including, but not limited to clothing, fabric, cards, invitations, stickers, mugs, bags, signs, decor, boxes, labels, containers, billboards, posters, printed advertisements, photo albums, scrapbooks, e-books, magazines, etc.
- Digital Products for Personal Use and Commercial Use, such as static designs, static website elements, digital advertisements, visual works within broadcast or streaming media, digital scrapbooking supplies (like papers, pocket cards, or embellishments).
Quantity Limitations: This License Agreement imposes no limits on the quantity of End Use products, advertisements, or visual works within a media platform.
Application Limitations: The Licensee may not use the Licensed Asset within a web or software application. However, the Licensee may use an End Product (as defined, above) within a web or software application.
4) PROHIBITED USES
a) Sub-licensing. Other than the one permitted, but limited case in the section above (Section 3), a Licensee may NOT redistribute a Licensed Asset and/or its License.
b) Trademarking and Copyright. A Licensee may not use the Licensed Asset as part of:
- A Trademark – The Licensed Asset may not be used as part of a trademark, registration mark, service mark, design mark, trade name, or similar use. And the Licensee may not register, protect, or enforce and trademark on the Licensed Asset itself.
- A Copyright – The Licensee may not claim the Licensed Asset (or a modification of the Licensed Asset) as its own copyrighted work.
5) STRICTLY PROHIBITED USES
- Resale, selling, sub-licensing, sharing, or distributing the Licensed Asset or any modification of it in source file form is strictly prohibited.
- Resale, selling, sub-licensing, sharing, or distributing the Licensed Asset or any modification of it in a way that is directly competitive with the original Licensed Asset is strictly prohibited.
- Making public or sharing the Licensed Asset so that others may download, extract, or redistribute the Licensed Asset as a standalone file is strictly prohibited.
- You may NOT repackage or modify and repackage a Licensed Asset in part or in whole for redistribution.
- You may NOT use the Licensed Asset for any illegal, fraudulent, immoral, infringing, harassing, abusive, pornographic, or defamatory material that may be deemed harmful or offensive to another person or in a way that exploits, causes loss, injury, death, or illness to you, any other person, or living being.
- You may NOT use the Licensed Asset to promote racism, bigotry, or hatred.
- You may NOT falsely represent authorship and/or ownership of the Licensed Asset.
6) INTELLECTUAL PROPERTY
All digital content available on PineConeAndPencil.com, including Licensed Assets are protected by United States and international copyright and other laws and treaties. PineConeAndPencil.com/Pine Cone and Pencil/Elizabeth Ness/Liz Ness retains ownership of the Licensed Asset, but grants to the Licensee the limited, non-exclusive, non-transferable, and non-sub-licensable, copyright to use the Licensed Asset as expressly set forth above the terms herein.
Licensee may not assert ownership of Licensed Asset itself nor any right to revenue related to secondary uses of the Licensed Asset and “Purchase” or “Sale” refers to the purchase of a limited license only and not the purchase of the underlying copyright or work itself. As a licensee, a “Purchase” or “Sale” does not grant any ownership right, title, or interest in and to the design of the Licensed Asset itself. This Licensee Agreement does not grant Licensee any rights to trademark or any other intellectual property rights in the Licensed Asset.
Editorial use (for example, within an art or craft magazine) does not require a credit. However, you may not claim the Licensed Asset is your own creation. Further, Elizabeth Ness/Pine Cone and Pencil holds no claim over your End Use Products as defined and limited by this License Agreement.
Finally, if you are required by the editorial to provide credit, including the Licensed Asset name along with Copyright Elizabeth Ness is sufficient (and thanks in advance if you do provide credit).
Pine Cone and Pencil/Elizabeth Ness may terminate this License Agreement at any time if Licensee breaches any of the terms of this or any other agreement with Pine Cone and Pencil. In the case of termination, a Licensee must immediately cease using the Licensed Asset and destroy all copies of the Asset. At the moment of termination, all permitted uses granted to the Licensee through the License shall immediately end.
9) DISCLAIMER OF WARRANTIES
Licensee’s use of the licensed asset is at the licensee’s own risk. The Licensed Asset is provided on an “As Is” and “As Available” Basis, without any warranties of any kind, either expressed or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for a particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
10) LIMITATION ON LIABILITY
In no event will Elizabeth Ness and/or Pine Cone and Pencil, its affiliates or their licensors be liable for damage of any kind, under any legal theory, arising out of or in connection with this License Agreement, including, without limitation your use, or inability to use, the Licensed Asset, including any indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of data, loss of goodwill–even if foreseeable.
In no event will the liability of Elizabeth Ness and/or Pine Cone and Pencil, its affiliates or their licensors exceed the fees that the licensee paid for the licensed asset.
11) ENTIRE AGREEMENT
Elizabeth Ness and/or Pine Cone and Pencil may modify this License Agreement by posting and updated version on the Pine Cone and Pencil website. The current version of the License Agreement posted at the time of purchase shall apply to purchases—even if the Licensed Asset is downloaded after the License Agreement is updated.