User License Agreement

Effective Date: 01-02-2024

This User License Agreement ("Agreement") governs your use of the products and services provided by Topia Supply ("we," "us," or "our"). By purchasing, downloading, or using any product from Topia Supply, you agree to be bound by the terms of this Agreement.

How many users can use a purchased product?

The number of users authorized to use the product corresponds to the quantity selected during purchase. This information is reflected on your receipt and determines the maximum number of individual users permitted under the license.

How many devices can it be used on?

Each licensed user may install and use the purchased product on up to two personal devices (e.g., a desktop in the studio and a laptop or tablet for remote work). Usage across multiple devices must be by the same user.

1. Grant of license

Topia Supply grants you a limited, non-exclusive, non-transferable, revocable license to use the purchased products solely for lawful personal and/or commercial projects, as explicitly permitted under this Agreement. This license does not transfer ownership of any product to you, and no rights are granted beyond those expressly outlined herein.

2. Ownership and intellectual property

All intellectual property rights in the products, including copyrights, trademarks, and trade secrets, remain the sole property of Topia Supply. You acknowledge and agree that you shall not claim ownership of any product, in whole or in part, even after purchase.

3. Prohibited uses

You agree not to:

Redistribute, sublicense, resell, or share the products in their original or modified form.
Use the products in a manner that violates any applicable laws or regulations.
Create defamatory, obscene, unlawful, or otherwise harmful content using the products.
Reverse engineer, decompile or extract any component from the products.

4. Specific Terms for 'The Ultimate Shape Box'

4.1 Disclaimer of liabilit

You acknowledge and accept that 'The Ultimate Shape Box' is a large collection of vector visuals that, due to its size and variety, may include elements that could potentially be similar to other existing designs. While we strive for originality, Topia Supply cannot and does not guarantee that these designs are free from all potential claims, disputes, or legal challenges.

4.2 Indemnification

By purchasing and using 'The Ultimate Shape Box,' you agree to indemnify, defend, and hold Topia Supply and its affiliates harmless against any and all claims, damages, losses, or liabilities (including attorney's fees) arising from or relating to:

Your use of any visual element from ‘The Ultimate Shape Box.’
Alleged or actual intellectual property infringement claims related to your use of these visuals.

4.3 No warranty

Topia Supply provides 'The Ultimate Shape Box' on an "as-is" basis without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

4.4 User responsibility

You are solely responsible for performing due diligence to ensure that your use of any visual elements from 'The Ultimate Shape Box' complies with all applicable copyright, trademark, and intellectual property laws.

4.5 Limitation of liability

Topia Supply shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or related to the use or inability to use 'The Ultimate Shape Box,' even if advised of the possibility of such damages.

4.6 Limited rights grant

Purchasers are granted a non-exclusive, non-transferable license to use the visual elements in 'The Ultimate Shape Box' for personal and commercial projects. The resale, redistribution, or sublicensing of any visual element as-is is strictly prohibited.

4.7 No guarantee of uniqueness

Due to the extensive nature and volume of 'The Ultimate Shape Box,' Topia Supply does not guarantee the uniqueness or originality of each visual element. Users acknowledge that other users may employ the same or similar elements in their own projects, which Topia Supply has no control over.

4.8 Prohibited uses

You may not use any visual elements from 'The Ultimate Shape Box' in the following contexts:

Trademarks, service marks, or logos.
Obscene, defamatory, or otherwise unlawful material.
Any content that infringes upon third-party intellectual property rights.

5. Third-party services

Some products may rely on third-party platforms, such as hosting providers or payment processors. Your use of these platforms is subject to their respective terms and conditions. Topia Supply is not liable for the performance, security, or availability of these third-party services.

6. Indemnification

You agree to indemnify, defend, and hold Topia Supply, its affiliates, and licensors harmless from and against all claims, damages, liabilities, costs, and expenses, including legal fees, arising from:

Your breach of this Agreement.
Your use or misuse of the products.
Claims resulting from content created or distributed using our products.

7. Disclaimer of warranties

Topia Supply provides all products "as is" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

8. Termination of license

Topia Supply reserves the right to terminate your license immediately and without notice if you breach any terms of this Agreement. Upon termination, you must:

Cease all use of the products.
Delete all copies of the products in your possession or control.

9. Updates and modifications

We reserve the right to update, modify, or discontinue our products or this Agreement at any time. Continued use of the products following any such updates or modifications constitutes your acceptance of the revised terms.

10. Limitation of liability

To the fullest extent permitted by law, Topia Supply shall not be liable for any indirect, incidental, consequential, or punitive damages arising from or related to the use of our products, even if advised of the possibility of such damages. Our total liability to you for any claims arising under this Agreement shall not exceed the amount you paid for the relevant product.

11. Jurisdiction and governing law

This Agreement shall be governed by and construed in accordance with the laws of [Insert Jurisdiction]. Any disputes arising under this Agreement shall be exclusively resolved in the courts located in The Netherlands.

12. Support and updates

Support for products is provided at Topia Supply's sole discretion. Updates, including bug fixes or additional features, may be provided but are not guaranteed.

13. Prohibited uses

The following actions and uses of our products are strictly prohibited to ensure the integrity, originality, and proper usage of our intellectual property:

Resale, sharing, or redistribution: You may not sublicense, resell, share, transfer, or distribute our products, whether free of charge or for payment, in their original or modified forms.
Unauthorized integrations: Using our products within applications, platforms, or systems other than those explicitly permitted is strictly forbidden.
Digital or physical distribution: Storing or distributing our products via physical devices, internet-connected storage platforms, cloud services, or file-sharing sites for free or paid access is prohibited.
Product derivation: Reverse-engineering, decompiling, or otherwise modifying our products to create derivative works, imitations, or similar items for personal or commercial use is not allowed.
Use in automated systems: Training artificial intelligence (AI), machine learning models, or any generative systems with our products is strictly forbidden.
Misleading use: Using our products in ways that could misrepresent their source, ownership, or authenticity, including passing them off as your own, is prohibited.
Violation of law: Employing our products for unlawful, harmful, or malicious purposes, including the creation of content that infringes on intellectual property rights, is not permitted.

14. Entire agreement

This Agreement constitutes the entire agreement between you and Topia Supply concerning the use of our products and supersedes any prior understandings or agreements.

15. Usage

15.1 Allowed uses

The following uses are permitted under the standard license:

Print and digital publishing:
Includes comics, book covers, magazines, editorial illustrations, picture books, and related projects.

Music packaging:
For physical and digital formats.

Social media content:
For personal, company, and client purposes.

Branding and marketing:
Includes logos, stationery, posters, signage, and general branding projects.

Physical products for sale:
Items such as homewares, apparel, packaging, art prints, greeting cards, posters, etc., with a limit of 250,000 units.

Video advertising:
Permitted for campaigns with up to 1 million lifetime views.

Broadcast, film, and streaming:
Usage in content with up to 1 million lifetime views.

Print and outdoor advertising:
Local and national campaigns.

Personal and art projects:
Including non-commercial or creative pursuits.

Apps and games:
Desktop, web, mobile, and video game applications (limited to a single app).

15.2 Uses Requiring an Extended License

The following uses are outside the scope of the standard license and require an extended license:

Enterprise-level use:
By organizations or subsidiaries with annual revenue exceeding $50 million USD.

Create-on-demand systems:
Embedding products in design-it-yourself or create-on-demand platforms or software. (This excludes individuals creating finished artwork or selling products on print-on-demand sites.)

Usage exceeding standard limits: Includes views, distribution, or manufacturing quantities beyond those specified in the Allowed Uses section.

Need an extended license?

If your project requires usage beyond the standard license terms, contact us to discuss extended licensing options tailored to your needs.

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