End-User Licence Agreement (EULA) for “Illustrations”

“Illustrations” may only be used by the Customer in accordance with the following licence conditions.

(1) Licence model
The Provider offers the “Illustrations” under three licence models. Of these, only licence models A and B can be purchased via the https://vector.town platform or from third-party vendors via the automated sales system (i.e. direct download). The Customer must therefore decide whether to purchase either licence model A or B. Licence model C requires a separate licence agreement between the Provider and the Customer which governs the particularities specific to the technology being used or the planned scope of use. The licence models are as follows:

(2) Usage rights
On conclusion of the contract and full payment of the licence fee, the Customer is granted a simple (non-exclusive), non-transferable right which is not restricted in terms of time or place, to embed the “Illustrations” whether in edited or original form as design elements in media and design products, and to the comprehensive use of these media and design products as long as the following provisions do not restrict the right of use.

(3) Prohibited Uses
The following uses are prohibited:

• use of the “Illustrations” in promotional videos (e.g. commercials) and their use (e.g. for TV or video streaming services), unless the Customer has purchased a separate special licence in accordance with licence model C for that purpose;
• any separate use of the “Illustrations” outside of media and design products. This includes a prohibition on sub-licensing, lending, leasing, renting, making publicly available (e.g. downloading in networks/P2P), duplicating and distributing (e.g. on data storage devices or “print on demand” services), feeding the “Illustrations” into databases of any kind (online or offline) outside of media and design products;
• use as part of media and design products where the “Illustrations” form a material design (e.g. printed unedited on a poster) which are offered for resale and/or value-determining element of these products and/or any realisation of value of such products (e.g. through sale, rental, public release etc.);
• use of the “Illustrations” for the creation and/or realisation of value of templates (e.g. “themes”) or other electronic templates or samples;
• any use of the software or digital content in conjunction with pornographic, offensive or libellous content (§§185ff German Criminal Code, Strafgesetzbuch – StGB) or other criminal content or any content that discriminates on the basis of race or ethnic origin, gender, religion or belief, disability, age or gender identity as meant by §§1, 3 German Equal Opportunities Act (Allgemeines Gleichbehandlungsgesetzes – AGG).

(4) Backup copy of the “Illustrations”
The Customer is entitled to make a backup copy of the “Illustrations” if and as long as the Customer holds a valid licence.

(5) Transfer of the “Illustrations” to third parties
The Customer is entitled to transfer the “Illustrations” as a whole and in original condition to a subsequent purchaser with a copy of this EULA. The transfer of the “Illustrations” and EULA represents an offer from the Provider to the subsequent user to conclude an identical contract. The subsequent purchaser declares acceptance by registering the “Illustrations”. The transfer of the “Illustrations” also constitutes a transfer of the right to use same in accordance with this EULA to the subsequent purchaser who thereby takes the place of the Customer as defined by this EULA. This transfer represents a simultaneous expiration of the original right of use held by the initial Customer. On transfer, the initial Customer must immediately and permanently delete all or otherwise destroy all complete and partial copies of the “Illustrations” as well as any altered or edited versions thereof. This also applies to backup copies.

(6) Licence fee
For the transfer of the “Illustrations” and the granting of contractual rights of use, the Customer must pay a license fee to the Provider. This is payable regardless of the scope of the actual use of the “Illustrations” by the licensee. The license fee is due on conclusion of this contract. Payment options are detailed in the order form. On download of the “Illustrations”, the Customer will receive an invoice indicating the license fee payable including VAT.

(7) Copyright and credits
The “Illustrations” are protected by copyright. The artist and creator of the “Illustrations” is Michael Kuphal. The Customer is not obliged to name Michael Kuphal as the artist and creator.

(8) Termination of the license agreement
The Provider may terminate the license agreement with the Customer extraordinarily and without notice if the Customer culpably contravenes the restrictions of the rights of use in Paragraph (3) and where, considering all circumstance and weighing the interests of both parties, the Provider cannot reasonably be expected to continue with the license agreement. In addition, the right of the parties to terminate this agreement for good cause remains unaffected. In the event of a termination of the license agreement, the Customer loses all rights of use, and must immediately and permanently delete or otherwise destroy all complete and partial copies of the “Illustrations” as well as any altered or edited versions thereof. This also applies to backup copies.

(excerpt from the terms and conditions § 3, see https://vector.town/terms_and_conditions/)