Commercial Use Digital Sticker File License Agreement

LICENSE AGREEMENT

 

The following is a legal agreement between You (the person or authorized representative of an entity) and Purple Carrot Designs LLC (“Purple Carrot”) which governs the use of Purple Carrot’s Digital Sticker File. By purchasing this license to use Purple Carrot’s Digital Sticker File, You accept the terms of this Agreement as a legally binding document without any other conditions or declarations and agree to the restrictions specified herein.  If You do not agree with these terms, Purple Carrot will not and does not license the Digital Sticker File to You and You must not use the Digital Sticker File.

 

Physical Products

 

Covered - Creating an unlimited number of finished physical end products to give away or sell (including but not limited to: clothing, drinkware, household towels and linens, posters and prints, and jewelry), as long as those products are made solely by the licensee using their own equipment.
Not Covered- Sending as-is or nearly as-is graphics, illustrations, or other design products to any outside printer, manufacturer, maker, print-on-demand company, or any other party, so that the outside party can make physical end products on your behalf.

 

Business Stationery and Product Packaging

 

Covered- Using graphics to create physical products related to a business, including but not limited to: business cards, stationery, letterhead, brochures, and flyers; as long as those products are printed by the licensee using their own equipment. An unlimited number of these items can be made.
CoveredUsing graphics to create physical packaging for products, including but not limited to: boxes, bottles, bags, and other containers; as long as those packages are printed by the licensee using their own equipment. An unlimited number of these packaged products can be made.
Not Covered - Sending as-is or nearly as-is graphics, illustrations, or other design products to any outside printer, manufacturer, maker, print-on-demand company, or any other party, so that the outside party can make business stationery products or product packaging on your behalf.

 

Stickers and Adhesive Decals

 

Covered - Creating an unlimited number of physical stickers, decals, or other adhesive end products to sell, as long as they are made solely by the licensee using their own equipment. This includes, but is not limited to: planner stickers, address labels, wall decals, laptop decals, and car window decals.

Not Covered - Sending as-is or nearly as-is graphics, illustrations, or other design products, or any character set from a font or alphabet product to any outside printer, manufacturer, maker, print-on-demand company, or any other party, so that the outside party can make stickers, decals, or any other similar adhesive goods on your behalf.

 


 

Flat Sheet Goods

 

Covered - Creating an unlimited number of flat sheet goods to sell (including but not limited to: fabric, gift wrap, scrapbooking paper, sheet vinyl, ribbon, or other cloth materials), as long as those products are made solely by the licensee using their own equipment.
Not Covered - Sending as-is or nearly as-is graphics, illustrations, or other design products to any outside printer, manufacturer, maker, print-on-demand company, or any other party, so that the outside party can make flat sheet goods on your behalf.

 

Sale or Distribution As-Is

 

Not Covered - Distributing files downloaded or purchased from Purple Carrot Designs, LLC in any manner, including but not limited to: selling, giving away for free, sharing with friends, sharing with a design collective or group, or including as part of a package of products, software add-on, or new digital product.
Not Covered - Pulling any individual elements out of a larger purchased work (for example, a single illustration from a 50-illustration clipart set; or the brush shape from a Photoshop brush file) and reselling, giving away, sharing, or otherwise redistributing those elements.
Not Covered - Creating a digital product to sell/distribute where graphics, illustrations, clipart, or other design objects are used as-is or nearly as-is, or closely resemble the design element purchased from us.

 

Purple Carrot reserves any right not expressly granted to You.

 

  1. TITLE TO DIGITAL STICKER FILE. You acknowledge and agree that the Digital Sticker File is provided under license and not sold to You. Purple Carrot retains all title and ownership of the Digital Sticker File including all copyrights, trademarks, enhancements, and modifications to the Digital Sticker File.

 

  1. LICENSE TERM AND TERMINATION. This License remains in force until You stop using the Digital Sticker File or until Purple Carrot terminates this License because of your failure to comply with any of the terms and conditions. Purple Carrot shall have the right to immediately terminate this License if You fail to perform any obligation required under this agreement.  Upon termination of this License, You shall return to Purple Carrot or destroy the original and any copies of the Digital Sticker File including partial copies and modifications. Purple Carrot shall have a reasonable opportunity to conduct an inspection of your home or place of business to assure compliance with this provision. At any time after your purchase of the Digital Sticker File Purple Carrot can request proof of purchase from you.

 

  1. WARRANT DISCLAIMER. THE DIGITAL STICKER FILE IS PROVIDED “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND.

 

  1. GENERAL PROVISIONS. The validity and interpretation of this Agreement shall be governed by and construed in accordance with Colorado law except as to trademark, copyright and other proprietary matters which may be preempted by United States laws and international treaties. In the event of any violation of this Agreement, Purple Carrot reserves the right to pursue any state law remedies (including contractual remedies) or remedies under federal laws or both. The parties agree to exclusively submit any controversy or claim arising hereunder or in any way arising from their relationship or use of intellectual property to confidential binding arbitration in Larimer County, Colorado, to the extent permissible under law, before a reasonably priced single attorney having experience in enforcement of trademark, contracts, and intellectual property rights in a growing business and who will enforce the contract according to its terms.  Such arbitration shall be conducted in accordance with applicable law and the Commercial Arbitration Rules (CAR’s) of the American Arbitration Association (AAA) with each applicable law modified for efficiency and: a) to avoid the involvement of the AAA, b) to provide for the minimal amount of discovery and other pre-hearing procedures consistent with a fair resolution of the dispute, and c) to endeavor for the dispute to be resolved within 180 days of the arbitrator’s appointment unless the arbitrator determines that justice requires otherwise. For further efficiency, selection of the arbitrator shall be made promptly by two attorneys, one of which may be selected by each party.  Any appropriate award, including but not limited to injunctive relief if deemed appropriate, rendered by the arbitrator may be entered in any court having jurisdiction thereof. The prevailing party may be entitled to recover reasonable attorney fees and costs incurred in such arbitration.  In the event any claim or controversy arises which is not subject to binding arbitration under this section, the parties agree to submit to exclusive jurisdiction and venue for the resolution of such dispute in the District Court of Larimer County, Colorado, or to the extent necessary in federal court in the District of Colorado. Nothing contained herein will be construed as creating any agency, partnership, joint venture, or other form of joint enterprise between the parties.

 

  1. FINAL AGREEMENT. You acknowledge and accept that these terms constitute the entire agreement between You and Purple Carrot regarding its subject matter and to the extent inconsistent, supersedes any prior versions and past contracts. No modification by You to the terms or any additional authorization will be binding unless authorized by an officer of Purple Carrot in writing. Any express waiver or failure to exercise any right under the terms will not create a continuing waiver or any expectation of non-enforcement.  If any provision of the terms is held invalid by any competent court, governmental entity or arbitrator, such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the terms will remain in full force and effect. The headings in the Agreement are for reference only and shall not affect the interpretation of this Agreement.

 

  1. Should you have any questions concerning this agreement you may contact Purple Carrot at www.purplecarrotdesigns.com or jennifer@purplecarrotdesigns.com.

 

This Statement of Relationship and Product License Agreement was last revised September 6, 2022.