End User License Agreement for digital images - web ("EULA", "License")

End User License Agreement for digital images - web ("EULA", "License")

Last Update: August 30th, 2024

SUMMARY (does not replace reading the entire document): the license has a set term (expires), you can use the image in commercial websites. You are NOT allowed to alter, resell or create derivatives of the images, nor incorporate it in works for sale.

It is your responsibility, as the "Buyer", to read and understand this End User License Agreement ("EULA", "License"). By placing an order and completing its payment you agree to be bound by and respect these terms when using a Product sold by the EVargas' Store, on which the Product Page or the Product Content references this document. If you have any doubts about this document, please send an email to license[at]evargas.art for clarification.

This document serves as legal and binding agreement between you ("Buyer", "You") and EVargas' Store ("Store", "Seller", "We", "Us"). By downloading, copying or using any Product, the Buyer has agreed to and accepted the terms and conditions of this License.

1. Definitions

"Digital Image File" ("Image", "Images") means a digital file representing an image, composed of elements (pixels), each with finite, discrete amounts of numerical representations for its intensity or color level. It can be vector or raster, with raster being the most common meaning of the term.

"Image Resolution" means the level of detail contained in an Image, specifically, the number of pixels that exist within the Image. Image Resolution is expressed in the format "W x H", where "W" indicates the number of pixels in width (horizontal dimension) and H the number of pixels in height (vertical dimension). The higher the Image Resolution, the higher the pixel count in the Image, providing more detail and a higher perception of quality to the viewer.

"Browser Cache" ("Web Cache") means a temporary storage area on the local device of web visitors, that holds copies of frequently accessed webpages, images and others.

"Product" means one or more downloadable Digital Image File(s) provided by the Seller as specified in the License Details.

"Product Content" means the "Product" and any related files, documents or metadata that are made available for the Buyer as specified in the License Details.

"Product Page" means the webpage, accessible via URL on the internet, on the Seller's Store page, where the Product can be purchased.

"Offer Type" means the type of offering in which the product is sold, as described in the Product Page. There are two types:

• "One-time payment": a single fee is charged at the time of purchase;
• "Subscription": a recurring fee is charged at the time of purchase and again thereafter, at monthly, annual or other intervals, depending on the choice made by the Buyer at the time of purchase from the available options offered by the Store on the Product Page.

"Subscription Period" means the time interval between recurring charges when the "Offer Type" is "Subscription". It can be a month, a year or other, depending on the choice made by the Buyer at the time of purchase from the available options offered by the Store on the Product Page.

"IP Rights" means all rights in and to any copyright, trademark and any other similar rights resulting from intellectual activity in the artistic field or any other field, and any application or right to apply for registration of any of these rights and any right to protect or enforce these rights.

"Sensitive Information" means information that is confidential by its nature, or designated as such by the Seller, or the Buyer knows or reasonably ought to know is confidential, or Information comprised in or relating to any IP Rights of Seller.

"Party" means a person or entity who is in some way participant of this Agreement.

"Term" means the term of this Agreement starting on and expiring on as specified in the License Details.

"Agreement" means this document as a whole.

2. Grant of license

Seller grants to the Buyer a LIMITED, NON-EXCLUSIVE, NON-TRANSFERABLE license for the Term to use the Product for the specific purpose specified in this Agreement, subject to the terms and conditions described in this Agreement.

3. Buyer's obligations

The Buyer shall NOT use the Product, for purposes other than as specified in this Agreement and the License Details.

The Buyer may permit its employees to use the Product for the purposes described in this Agreement, provided that the Buyer takes all necessary steps and imposes the necessary conditions to ensure that all employees using the Product do not commercialize or disclose the contents of it to any third person, or use it other than in accordance with the terms of this Agreement.

The Buyer shall NOT distribute, sell, license or sub-license, let, trade or expose for sale the Product to a third party.

Buyer shall NOT make copies of the Product other than as expressly approved by Seller. Buyer shall NOT make changes to the Product or its content other than as expressly approved by Seller.

The Buyer will adopt technological and security measures to ensure that the Product is physically and electronically secure from unauthorized use or access. Buyer must ensure that the Product retains all Seller copyright notices and other proprietary legends, trademarks or service marks of Seller.

4. License Details

4.1 License Terms

4.2 Starting Date

The starting date is set based on the "Offer Type" as described below:

• "One-time payment": the licence is granted from the date of purchase;
• "Subscription": the license is granted from the date of successful payment (for the initial purchase and at the beginning of each "Subscription Period").

4.3 Expiration Date

The expiration date is set based on the "Offer Type" as described below:

• "One-time payment": the licence is granted for a duration of 2 years;
• "Subscription": the license is granted for the duration of one "Subscription Period" only, and expires immediately once it ends.

4.4 Product Delivering

The Product will be available for download on the Buyer's account in the Seller's online Store.

4.5 Approved Uses

The acquisition of a license gives the right to use the Product under the terms of this Agreement. Minor modifications are allowed, such as cropping the image to fit a specific layout. However, the Buyer shall NOT make modifications that would harm the original work in its integrity (such as of color, shape, distortion, elements).

The Product can be used, in personal or commercial projects, for decoration, advertising, marketing and promotional purposes.

Examples of permitted uses are: illustrating news articles and blog posts, complementing or enhancing written content by providing a visual representation of it.

4.6 Prohibited Uses

Buyer shall NOT resell the Image in any way, nor incorporate it in works for sale.

Buyer shall NOT compile the Image to create image galleries or replicate a similar or competing product or service.

Buyer shall NOT use, reproduce, distribute or display the Image as the sole content of the project.

Buyer shall NOT use, reproduce, distribute or display the Image in a manner that includes distribution of the standalone image file (except for "Browser Cache").

No machine learning or artificial intelligence: Buyer shall NOT use the Product (including any metadata associated with it) for any machine learning or artificial intelligence purposes.

No upscale or derivatives: the Buyer shall NOT use any resources or tools to increase the Image Resolution of the Product. The Buyer shall NOT use any resources or tools to produce derivatives of the Product (such as using filters or artificial intelligence to achieve alternative "styles").

No trademark or logo. Buyer shall NOT use Product Content as the distinctive or distinguishing feature of a trademark, design mark, business name, tradename, service mark or logo. Buyer shall NOT register such content as a trademark or rely on any such registrations, or prior use, to prevent any third party use of such content or any similar content.

No false authorship. You may not falsely present yourself as the original author/creator of a work that is made up mostly of Product Content. As an example, you cannot create a painting based solely on Product Content and claim authorship of it.

4.7 Credits

Buyer must credit the Seller whenever the Image is reproduced or displayed. Credits must appear on the same material as the Image, as follows:

© E. Vargas / evargas.art

4.8 License Fee

The Buyer must pay a fee, with price as described in the Product Page, upon order. Additionally, if the "Offer Type" is "Subscription", a recurring fee must be paid at the beginning of each "Subscription Period".

The licence will be granted only once the full amount of the fee has been paid. In the event of any issue occuring with the Buyer payment, such as, but not limited to "incorrect amount transfered", the licence will be immediately revoked, until full payment is paid by the Buyer.

5. IP Rights

The Seller declares that the Product is his own original work. In cases where third party resources were used, the Seller declares having the rights to use it, without in any way harming the rights of third parties.

The Seller is the copyright holder and retains all copyright in the Product and its files. The Buyer has not acquired any ownership rights to the Product. The Buyer has acquired only a license to use the Product within the terms of this document.

6. Confidentiality

Neither Party may use, disclose or make available to any third party the other Party's Sensitive Information, unless such use or disclosure is done in accordance with the terms of this Agreement.

Each Party shall hold the other Party's Sensitive Information secure and in confidence, except to the extent that such Sensitive Information is required to be disclosed according to law, judicial or legislative body or government agency, or was approved for release in writing by the other Party, but only to the extent of and subject to such conditions as may be imposed in such written authorization.

7. Waiver

Failure or delay by either Party to exercise its right, power or privilege hereunder or to insist upon observance or performance by the other of the provisions of this Agreement shall not operate or be construed as a waiver thereof.

8. Termination

This Agreement and the license granted herein starts upon the Starting Date and is granted for the Term, unless otherwise terminated by Seller in the event of any of the following:

• if Buyer is in breach of any term of this License Agreement and has not corrected such breach to Seller's reasonable satisfaction within 10 days of notice;
• if Buyer becomes insolvent, or institutes (or there is instituted against it) proceedings in bankruptcy, insolvency, reorganization or dissolution, or makes an assignment for the benefit of creditors; or
• if Buyer is in breach of the "Confidentiality" or "IP Rights" clauses of this Agreement.

Termination under this clause will not affect other rights Seller may have.

9. Refunds, revogation and no warranty

No refunds. Due to the digital nature of the products, all sales are final. Once you have gained access to a product, we are unable to offer refunds, exchanges, or cancellations. By making a purchase, you agree to these terms.

Seller may revoke this License upon receiving information that Buyer has used the Product in violation of these terms or any laws. Buyer, upon being notified of such, shall immediately delete all files or data listed in the notification, in both original and derived form, from any local backup or online storage. In some situations, at the Store's discretion, the Buyer may be banned from the Store and downloads may no longer be available.

In the event that the Store has noticed a Product in violation of these terms, third-party terms, broken a law, or infringed on someone else’s rights, the Store may notify the Buyer and issue a discount coupon as a form of refund. If such event occur, the Buyer shall immediately delete all files or data contained in the notice, both in original and derivative form, and at any backup location.

The warranty for products and/or services is limited to the terms expressed herein. The License is granted for the product "AS IS". There are no express or implied warranties of product merchantability, fitness for Buyer's particular purpose, system integration, informational content or accuracy and non-infringement.

The Buyer acknowledges that the Product has not been prepared to meet any specific requirements of any party and it is Buyer's responsibility to ensure that the Product meets its requirements.

Buyer agrees that Seller is not and will not be liable to Buyer or any third party for any loss of profits, loss of use, business interruption, or any direct, indirect, incidental or consequential damages of any kind, whether under the license or otherwise. This statement survives even if Seller has been advised of the possibility of such damages or has been grossly negligent.

10. Indemnity, law and jurisdiction and final terms

YOU HEREBY INDEMNIFY THE SELLER AND UNDERTAKE TO KEEP THE SELLER INDEMNIFIED AGAINST ANY LOSSES, DAMAGES, COSTS, LIABILITIES AND EXPENSES (INCLUDING WITHOUT LIMITATION LEGAL EXPENSES AND ANY AMOUNTS PAID BY THE SELLER TO A THIRD PARTY IN SETTLEMENT OF A CLAIM OR DISPUTE ON THE ADVICE OF THE SELLER’S LEGAL ADVISERS) INCURRED OR SUFFERED BY THE SELLER ARISING OUT OF ANY BREACH BY YOU OF ANY PROVISION OF THESE TERMS, OR ARISING OUT OF ANY CLAIM THAT YOU HAVE BREACHED ANY PROVISION OF THESE TERMS AND CONDITIONS. THIS INDEMNITY SHALL SURVIVE THE TERMINATION OF THE LICENSE. SELLER AND BUYER WILL BE HARMLESS FROM ANY FAILURE TO DELIVER OR PERFORM OR FOR DELAY IN DELIVERY OR PERFORMANCE DUE TO CAUSES BEYOND THEIR REASONABLE CONTROL. EXAMPLES OF SITUATIONS DESCRIBED AS "FORCE MAJEURE" ARE: WORK STOPPAGES, TERRORIST ACTIONS, POWER OUTAGES, AMONG OTHERS.

These terms will be governed by and construed in accordance with governing law and any disputes relating to these terms will be subject to the non-exclusive jurisdiction of the courts of Brazil. These terms may be updated without prior notice.