EULA – End User License Agreement.
The Artwork EMPATHY End User License Agreement (EULA) becomes a binding contract between you (the Licensee) and Josephine Rais. The Licensee, or “License Owner”, is the business entity for who the artwork EMPATHY is at service and in use. By downloading, or installing, or using, or otherwise handling the artwork EMPATHY, the Licensee automatically accepts the terms of this agreement and acknowledges understanding and complying with its terms. Acquiring a license from Josephine Rais grants the Licensee the right to use the specified artwork for personal use only. The Licensee is not purchasing the copyright to the design or any other part of the artwork, but the right to use the artwork as specified in this agreement, according to the Licensee’s specified license type(s). All uses not specifically licensed require a separate license.
01 Free License: The Licensee is allowed to download and print the artwork to a maximum of three times. The artwork can be used non-commercial or self-initiated commercial work. If the downloaded artwork is used for not self-initiated commercial projects, profit orientated projects, the licensee have to purchase the necessary licenses on behalf of their clients or instruct clients to purchase the licenses themselves. You can do so by contacting Josephine Rais firstname.lastname@example.org. The file is delivered as PDF format.
Please credit the author/designer: “EMPATHY:Josephine Rais”.
Any use of Josephine Rais' artwokr(s) that may result in harm, death, injury, property or environmental damages is not permitted. In no event is Josephine Rais liable for any loss or damages caused by the use of her artwork(s), including lost profits, lost data, lost business opportunities, or lost savings. Some jurisdictions do not allow the exclusions of limitations of incidental, consequential, or special damages, so the above exclusion may not apply to the Licensee. Some jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to the Licensee. To the extent permitted by law, any implied warranties are limited to fourteen (14) days. The Licensee agrees that artworks(s), its design, structure, organisation, encoding, and all its copies are owned by and valuable property of Josephine Rais and protected under German law, by the copyright and trademark laws of other countries and international treaties. The fonts are not warranted to operate on all computer operating systems. Josephine Rais is not responsible for operating system errors or inoperability faults.
Artworks(s) created by Josephine Rais, including all their constituents, must not be amended, regenerated, or reformatted in any way. Any rights, including but not limited to copyrights and trademarks, remain with Josephine Rais. Artworks(s) created by Josephine Rais, including all their constituents, must not be resold, lent, rented, distributed, or traded in any way to third parties. Any expansion or derivatives of artworks(s) created by Josephine Rais must be done or authorised by Josephine Rais only.
Any breach of this agreement immediately voids and annuls the complete license and any usage right of the artwork(s) with immediate effect. In the event of termination, all artworks and back-up copies must be deleted, existing print copies destroyed; this act has to be documented/assured upon request of Josephine Rais.
The Licensee is obliged to undertake all steps to prevent unauthorised access to the artwokrs and its copies. If the Licensee grants employees or representatives access to the artwork, the Licensee is required to inform them of this EULA.
This EULA represents the complete agreement between the parties; all verbal communications and prior communications regarding the application of the licensed artwork(s) are not valid or effective. Any and all rights not expressly granted in this agreement are reserved to Josephine Rais. This license agreement cannot be amended without written permission of Josephine Rais. All disputes arising from this agreement are exclusive subject of the law of the Federal Republic of Germany. The rights and obligations of the parties arising from this contract are based on German law as it relates to contracts made in Germany and fully performed therein. The conflict of law provisions of Germany nor the conflict of law provisions of any other jurisdiction do not apply. The Licensee expressly consents to the jurisdiction of the German Courts over any dispute arising out of this agreement, even if the breach of contractual rights takes place in a foreign country. Place of jurisdiction is Berlin, Germany. The invalidity or inoperativeness of one or more provisions of this contract does not affect the validity of the rest of the contract and the remaining other provisions shall thereby remain unaffected. An invalid provision shall be replaced by a provision that is permitted by law and which approaches the invalid provision and economic interests intended by the parties. This agreement is not governed by the “United Nation Convention on Contracts for the International Sale of Goods.”