License Agreement
The License Agreement (“agreement”) is a legal contract between you and Salty Luxe Pty Ltd (“Salty Luxe”). In this agreement, "product" and “files” are defined as the product you purchase from Salty Luxe, whether that be a graphic, print, illustration, or resource, as identified on your sales receipt. “You”, “your”, “end user”, and “licensee” are defined as and refer to the customer who has purchased a license to use the product.
When you purchase any product from Salty Luxe, you are purchasing a license to use that product under a particular set of conditions. These conditions range from how many devices the files can be installed on, web use, whether the files can be embedded in digital documents, and more. It’s important to read and understand this agreement because it defines your rights as the licensee, acceptable use of the files, and the rights that Salty Luxe reserves.
Purchasing, downloading, installing, or using the files indicates your confirmation that you understand and agree to the terms of this agreement and that you have the authority to bind the person or entity specified on your sales receipt (“licensee”) to the terms of this agreement. If you do not agree to the terms of this agreement, you are not permitted to purchase, download, install, or use the files.
Under no circumstances may the licensed files be sold or given away to any third party. Infringers will be prosecuted to the full extent of the law. You acknowledge that the files are protected by International Copyright & Intellectual Property Law. The licensee agrees to treat the files as confidential information and exercise reasonable care to avoid unauthorized distribution of the files.
Standard License Grant
Upon purchase of the files, you are granted a limited, non-exclusive, non-assignable, non-transferable, revocable Standard License to access the files for personal use in accordance with the terms of this agreement. Under the Standard License, the files may be installed and used by one (1) end user on up to (2) devices. If you would like to use the files on a website, you must get in touch with Salty Luxe to inquire about other license types.
The Standard License includes personal use in accordance with the terms of this License Agreement. If you require a licence for any other use, including commercial use or use for websites, apps or e-publications, please get in touch.
Kindly note that you may not use the files for any commercial use. You may not use in any way to create artwork such as logos, branding, packaging, social media graphics, apparel, etc. You may not resell, give away, or include the actual files as part of your end product for sale or in editable format. You may not edit, modify, create derivative works, or resell or sub-license the licensed files in any way.
You may not distribute the files or any copy thereof to any third party. If a third party needs to install the files for any reason, they must purchase their own license directly from Salty Luxe. The files may be installed and used only on the devices of the licensee. You may not use the files in any manner that makes them accessible to the public or non-licensed third parties.
You are not permitted to manipulate or modify the files for the purpose of creating usable, derivative work. Under no circumstances may you modify, adapt, translate, reverse engineer, decompile, disassemble, or alter the files for the purpose of creating any form of derivative work. You may not falsely represent, expressly or by way of reasonable implication, that any part of the files were created by you or a person other than the copyright holder, which is Salty Luxe.
You may not use the files 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), libelous, obscene, threatening, profane, or promotes racism, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable.
Usage Limitations
If you would like to use the files on your website, you will need to inquire for a seperate license.
This license agreement expressly prohibits embedding, inclusion, calling or linking the files within hardware and software in any form whatsoever. This includes, but is not limited to, application content, user interfaces, video games, consoles, smart televisions, server-side applications, online document creation, mobile apps, OEM products or software, or other works distributed electronically and/or physical media for sale. If you wish to use the files for such purposes, please get in touch.
A seperate license is required for use of the files within ebooks, emagazines, or other electronic publications that are sold to end users. If you require such a license, please get in touch.
Under this agreement, the use of the files to create content that is streamed, including, but not limited to, content that is broadcast, streamed or displayed via TV or the internet, that exists now or in the future, such as television, films, videos, YouTube, Facebook, Instagram, Vine, Vimeo, digital billboards, gas pump screens, aircraft, taxi entertainment screens, movie theaters, etc. will require a seperate license. If you require such a license, please get in touch.
The files may not be used to create or distribute any electronic document in which the files, or any part thereof, is embedded in a format that permits editing, alterations, enhancements, or modifications by the recipient of such document. Embedding the files into digital documents (such as pdf, powerpoint, word, or similar type electronic document) is permitted as long as a) the document can be viewed and printed but not edited (read-only), b) the document is not for sale, resale, or mass-market distribution of any kind, AND c) reasonable measures are taken to ensure recipients of such documents cannot extract or use the embedded files.
Third Party Usage
The files may not be stored or used in any manner that makes them accessible to the public or non-licensed third parties. Under no circumstances may the licensed files be shared with friends, family members, collegues, clients, contractors, freelance employees, affiliates, or the like. You may not rent, lease, sub-license, give, lend, sell, or further distribute the files or any copy thereof to any third party.
Under the terms of this agreement, Salty Luxe may require the licensee to provide the addresses of all locations where the licensed files are installed. You may not use the files if that use could result in a third party’s claim that it acquired rights to the files that are contrary to this license agreement. Upon Salty Luxe’s request, you shall immediately remove the files from any unauthorized location or use, including an unauthorized social media platform or website.
Commercial Printers
You may embed the files in an electronic document solely for print and view (not editable), and provide such electronic document to a commercial printer for printing only. Or, you may take a copy of the specified file to a commercial printer for the purpose of producing the document. However, the un-licensed printer must destroy the files immediately after production is complete.
File Modification
Any attempt to modify the files for the purpose of creating a usable, derivative file is strictly prohibited. Under no circumstances may you modify, adapt, translate, reverse engineer, decompile, disassemble, or alter the files for the purpose of creating any form of derivative work.
To make a warranty claim, you must notify Salty Luxe along with a copy of your sales receipt. If the file does not perform substantially in accordance with the representations, the entire and exclusive liability and remedy shall be limited to the replacement of the file, or a refund of the license fee you paid for the file, as a representative of Salty Luxe may elect to do. The licensee agrees that under no circumstance shall Salty Luxe’s maximum liability exceed the replacement of the file purchased, or the cost paid by the end user.
The licensed files are provided “as is.” Salty Luxe does not and cannot warrant the performance or results the licensee may obtain by using the files. Salty Luxe expressly disclaims all warranties, express and implied, including, but not limited to, the implied warranties of fitness for any particular purpose, or otherwise with respect to the licensed files. Salty Luxe does not warrant that the operation of the files will be unimpeded, uninterrupted, or error-free, or that the files are without defects. Without limiting the foregoing, under no circumstance shall Salty Luxe be liable to the licensee or any other party, whether in contract or tort (including negligence), or otherwise, for any special, consequential, or incidental damages, including loss of data, even if notified in advance of such possibility.
You may not register the files, or the end product incorporating the files as a copyright or trademark.
Termination
Any breach of the terms of this agreement shall be cause for immediate termination without the obligation of notice or opportunity to cure. If you fail to comply with any term of this agreement, Salty Luxe has the right to terminate your license immediately without prior notice. Salty Luxe reserves the right to pursue any and all relevant legal remedies in the event that said breach causes demonstrable harm, financial or otherwise, to Salty Luxe. In the event that you are found to have been using a Salty Luxe product in violation of the terms of this agreement, you agree to immediately discontinue using the files and certify that no copy remains in your possession or control within 3 business days of notification from Salty Luxe.
Governing Law
You expressly agree that this agreement shall be governed by the laws of Australia and the exclusive venue for any arbitration or court proceeding based on or arising out of this agreement shall be in the state of Salty Luxe’s choosing. You expressly submit to the jurisdiction of the state and federal courts in the forum selected by Salty Luxe for the purpose of resolving any dispute arising under this agreement. Should Salty Luxe bring any lawsuit or proceeding against the licensee to enforce the agreement, including any act to enforce payment of any amount due under the agreement, Salty Luxe shall be entitled to receive its costs and reasonable attorneys’ fees incurred to enforce the agreement.
All Rights Reserved
This agreement does not grant to the licensee any right, interest, or title in Salty Luxe, other than the grant of rights expressly provided in this agreement. You acknowledge that the files, or the designs contained therein, and the trade names associated therewith, are the exclusive property of Salty Luxe. All rights not expressly granted under this agreement are reserved to Salty Luxe. If any provision of this agreement is declared by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this agreement shall continue in full force and effect, and the invalid provision shall be replaced by Salty Luxe with a provision that effects the intent of the invalid provision.
Copyright
The files embodied therein are the exclusive property of Salty Luxe and are protected under both domestic and international copyright, trademark, and unfair competition laws. This agreement does not grant the licensee any rights to trademark or any other intellectual property rights to the files.
You expressly acknowledge that Salty Luxe is the exclusive copyright owner of any and all intellectual property rights in and relating to the files and its structure, organization and code, are the valuable trade secrets of Salty Luxe. This includes protection of the licensed files as the exclusive property of Salty Luxe to the fullest extent of the law. Unless otherwise permitted by law, licensee shall not, at any time during or after the effective term of the agreement, dispute or contest, directly or indirectly, Salty Luxe’s exclusive right and title to the files or the validity thereof.
Under no circumstances may the licensed files be sold or given away to any third party. Infringers will be prosecuted to the full extent of the law. You acknowledge that the files are protected by International Copyright & Intellectual Property Law. The licensee agrees to treat the files as confidential information and exercise reasonable care to avoid unauthorized distribution of the files.
Salty Luxe expressly reserves the right to amend or modify future versions of this License Agreement at any time and without prior notification. If you have any questions, need clarification on the terms of this agreement, or would like to inquire special licensing, please get in touch.