Royalty-Free End-User Agreement

 

This Royalty-Free End-User Agreement (hereafter referred to “the Agreement”) contains important terms.  This Agreement is a legal contract between you and iCartoon for the use of certain drawings, logos, paintings and any form or type of images (hereafter referred to as “the Artworks”).  If you agree to be bound by this Agreement, click “I Accept” at the bottom of this Agreement.  You will be bound by this Agreement even if you do not read all the terms.  If you do not agree to the terms of this Agreement, you are not authorised to purchase and use the Artworks listed on this website.

 

Ownership and Licence to Use

 

Under this Agreement, a licence must be purchased by each end user for each artwork.  If you have paid the licence price in full and have agreed to the terms of this Agreement, you have a licence to use the artwork on this website pursuant to the terms of this Agreement.  The Artworks are owned by and licensed from the original artist of the Artworks and all are subject to copyright protection under Australian law.   All rights, titles, and interests in and to the Artworks remain with iCartoon or the original artist of the Artworks except to the extent that the right to use the Artworks is specially granted by this licence. 

 

Permitted Use

 

We do not sell the Artworks outright, but rather grants a licence to use the Artworks for personal and/or professional uses incidental to commercial activities including but not limited to the design of business cards, letterheads, brochures, newsletters, presentations and advertisements.   If you are unsure of your usage rights under this Agreement, contact us by email at nicola@icartoon.com.au.

 

Restrictions

 

You may not:

(a)          transfer your licence to use the Artworks to another user;

(b)          prevent iCartoon or other licensed users of the Artworks from using the Artworks.  For example, you may not incorporate any of the Artworks into a trademark;

(c)          use the Artworks in such a way that they imply an endorsement by iCartoon or the original artist of any product or service;

(d)          use the Artworks in any pornographic, defamatory, libellous, or other unlawful manner;

(e)          sublicense, sell, re-sell, distribute, give away, lend, rent, lease or provide others with any of the Artworks; and

(f)           include the Artworks or derivatives of the Artwork in any clip art of digital image collection or library provided or available to any person other than the licensed users of the Artworks.

 

 Permitted User

 

All artwork licenses are granted to the original purchaser only and may not be transferred or sold to anyone else.  If more than one (1) user wishing to use the same artwork, you must purchase another licence. 

 

Warranty

 

iCartoon warrants that it has the right to grant this licence to you.  iCartoon makes no other warranty, express or implied under this Agreement.

 

Remedy/ Limitation of Liability

 

You agree and acknowledge that your sole and only remedy for any breach by iCartoon of this Agreement shall be a refund of the purchase price of the artwork.

 

Indemnity

 

You agree to indemnify iCartoon and the original artist from and against any and all actions, claims, losses, damages, costs, liabilities or expenses against iCartoon and the original artist due to arising out of, or related in any way to your use of the Artworks, including but not limited to any alleged infringement or other violation of any copyright or other intellectual property rights of any third party, or from any other breach by you of any of the terms contained in this Agreement.

 

Trademarks

 

iCartoon and the iCartoon logo are trademarks of iCartoon.  You may not use or reproduce the iCartoon trademarks for any purpose whatsoever.   No right or licence in any iCartoon trademark is given to you under this Agreement.

 

Termination

 

iCartoon may terminate the licence granted to you under this Agreement if you fail to comply with the terms and conditions of this Agreement. 

 

Governing Law

 

This Agreement shall be interpreted and construed according to the laws of the Northern Territory of Australia.