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These are the copyright terms for Scrap Girls commercial products. The bolded information will be provided with the actual products that are purchased.
This printable(s) or digital file(s) you have received were created by (name of designer goes here). Copyright (date here).
COMMERCIAL LICENSE AGREEMENT/USAGE TERMS:
The graphic files contained in this e-file are the product of (name of designer goes here) and are being distributed by Scrap Girls, LLC. The single individual Purchaser (meaning, the individual who actually bought the product) may use, copy and modify these files for their own small business use.
- They may design *derivative work that they will personally sell or profit from as a result of their design work using the licensed materials.
(Note: Certain actions - such as Cheryl Barber's Stiching
Actions - require that the stitching is used on top of another
item or you would be distributing the stitches themselves rather
than a derivative work. If you have questions about what would be considered a derivative work, please email hello@scrapgirls.com)
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They may design work for outside companies which they are not permanently employed by. This outside company may not, in turn, make profit from this design work.
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They may not turn the derivative designs over to any company permanently for any reason.
- They may not use the files for design work that will be turned over to another company or individual with the intention that the other company or individual will profit from the derivative work.
These files - which are to be considered a design tool rather than a final design product - are licensed to the purchaser's computer only and are not to be shared, loaned, rented, resold, distributed, transferred, or posted across a bulletin board, network, modem, Internet or web page in their original form. The purchaser has a license to create derivative designs using these files - but is not licensed to re-distribute them in their original format.
Examples of correct usage:
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Making papers that the designer will sell to consumers or retailers themselves.
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Making, on a contractual basis, a gift certificate for a company where the fore-mentioned company will not profit from selling any form of the design work and for which the design rights to the gift certificate will not be turned over to the company permanently.
Examples of incorrect usage:
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Making papers that the designer will turn over to a manufacturer to sell to retailers.
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Making a gift certificate and then turning the design permanently over to another company.
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Distributing the products (meaning as they are received from Scrap Girls) directly to consumers.
- Using the products in their original state. This includes free distribution, distribution for profit, or using the files in educational materials and/or tutorials (written or movie) without prior authorization from Scrap Girls.
The key questions about the terms of this license agreement include:
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Who will be profiting from the design work?
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Who will retain the rights to the resulting design work?
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Is the individual obtaining the product a single designer working for herself/himself?
If the answers lead back to the purchaser being a single designer, who is profiting directly, and is retaining all of the rights to the resulting designs, then the licenses are being used correctly. If the designer has a business, it should be a Sole Proprietorship or a LLC with a single member (the designer). No multiple owner company types are allowed (partnerships, LLCs with multiple members, corporations).
Do not make copies of these files on any electronic or physical medium (including CDs, diskettes, or other storage medium) for reasons other than back-up purposes. Do not share these products with anyone. Do not purchase these products as gifts for anyone. They MUST be purchased by the individual designer who will be using them or it will be considered that the individual using the designs has broken the copyright.
If a company, partnership, LLC, or corporation is interested in obtaining commercial licensing for this product, please contact Rozanne Paxman and appropriate terms will be negotiated.
Licensee hereby acknowledges that Licensee is licensing the Software for commercial use as decribed. Licensee hereby agrees to pay liquidated damages to Licensor in the amount of $5,000.00 for any non-allowed commercial use. In addition, should Licensor incur any attorney fees or other costs in collecting and/or enforcing this liquidated damages provision, Licensee agrees to reimburse Licensor for all such fees and/or costs. The parties acknowledge that the liquidated damages set forth above are reasonable in amount, that actual damages would be extremely difficult or impractical to determine and that any dispute or potential dispute over actual damages would be disruptive to the businesses of the parties so that it is in both parties’ best interest to have determined the amount of such reasonable liquidated damages.
If you have any questions about this copyright statement or wish to personally contact the copyright holder, you may contact:
Scrap Girls, LLC
6888 Harvest Circle
West Jordan, Utah
84084
866-598-3444
rozanne@scrapgirls.com
*Fonts may be digitized for use in a computer-driven sewing machine as
long as the font creator (such as Lettering Delights or Amanda McGee at ScrapGirls.com)
is credited on both the sales webpage and in the TOU for the digitized font/alpha.
Other products do not need crediting, unless you wish to do so. Your design secrets can remain your design secrets.
If you have questions about what is or is not a derivative work, please email hello@scrapgirls.com.
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