THE STANDARD LICENCE
A QUICK SUMMARY
Most products on my site come with a Standard Licence which allows for:
* PERSONAL USE – un-restricted personal use as long as you’re not making sales or any kind of profit from the graphic resources.
* COMMERCIAL USE – up to 5 000 sales including both digital and physical products as long as you don’t use my graphic resources standalone. Derivative works should be created by you where my graphic resources are not the main focus.
The Standard Licence is for a single-user and can be used for personal and commercial use with certain restrictions, which allows you (the single user) to download and use in your creative projects. Please read on for clarification.
Standard Single user Licence Agreement – Personal and Commercial Use
All graphics and printables on this site are by Lesley Smitheringale and are protected by Australian copyright laws. Lesley Smitheringale owns all rights to the graphic resources and printables she has designed. Your rights to use these graphic resources and printables are subject to the terms stated here, and are conditional upon your purchase from Lesley Smitheringale which enables the usage rights of the graphic resources and printables for the standard licence. Lesley Smitheringale has the right to make changes at any time to these Licensing Terms and Conditions.
This licence agreement (“Licence”) is a legal agreement between you (“Licensee” or “you”) and Lesley Smitheringale (“Licensor”, “I” or “my”) for downloading, installing or using the graphic resources and printables.
By purchasing and downloading the graphic resources and printables on this site you understand that they are being licensed to you and not sold to you in order for you to claim them as your own.
The standard licence is between you and the creator, Lesley Smitheringale, where Lesley Smitheringale will retain all rights, title, and ownership of the graphic resources, and the resulting derivative work by you is subject to the terms of this Standard Licence.
The single user standard licence agreement also means that the files you download, as the single user, must not be shared with anyone.
GRAPHIC RESOURCES – CLIP ART
You may use the purchased clip art for personal projects without restriction as long as you’re not making a profit by selling digital or physical products from them.
You may use the purchased clip art commercially [with restrictions] in a new end product as long as the final designed outcome meets the following requirements:
OK – Use the clip art in any way you like for personal use as long as you’re not making a profit, selling it to a third party or sharing the original files in any way. So you can use the clip art for your own wall art, scrapbooking, making cards for friends, teachers and family etc.
OK – Use the clip art commercially to create a free end product.
OK – Use the clip art commercially to create a digital or physical product for sale or for a client [total amount of sales must not exceed *5000 units]
*a unit is an end product which you sell, either digital or physical. eg. you sell a phone case design on Zazzle with your derivative design (1 unit) or an actual t-shirt you printed and sold at a market stall with your derivative design (1 unit), you sell a wedding stationery Collection with your derivative design to 1 client (1 unit) etc.
OK – Use the clip art without restriction for personal projects.
OK – Use the clip art in multiple commercial projects.
OK – Use the clip art commercially as part of your original, derivative designs on Print on Demand sites such as Zazzle.
WHAT’S NOT OK
NOT OK – Don’t use the clip art graphic resources for commercial purposes on their own without making significant changes, resulting in an original design you’ve worked on. This derivative work could be combining resources with your own or other creative assets (not simply from the same or any other of my illustration sets and collections). The licensed clip art should not be the primary focus of the final design.
NOT OK – Don’t claim the graphic resources as your own or add your own copyright mark as you don’t own the artwork – they have been licensed to you instead.
NOT OK – Don’t share, re-distribute or re-sell the clip art/graphic resources in their original form or in a way that would be seen as competing with my own products.
NOT OK – Don’t re-distribute the clip art/graphic resources in their original form to any clients or third parties in a way that allows for the extraction of the original resource. So, the final derivative and original end product design by you must be flattened. If your client requires access to my original artwork they will be required to purchase their own license.
GRAPHIC RESOURCES – PATTERNS AND PAPERS
You may use purchased patterns and papers in a new end product as long as the final designed outcome meets the following requirements:
OK – The patterns and papers may be used as stand alone if you’re using them for personal projects only for your family, friends and teachers such as thank you cards, journalling, planners, scrapbooking etc.
OK – Use the patterns and papers commercially as a background as part of your original design.
OK– Use the patterns and papers commercially as an overlay as part of your original design.
OK – Use the patterns and papers commercially to fill specific parts of your original design.
NOT OK – Use the patterns and papers commercially by themselves as stand alone without incorporating them into your original design. So, for example, you cannot use them as stand alone patterns on items for resale such as IPhone cases, bags, t-shirts, etc.? It’s also not enough just to simply add text to the patterns and papers. There must be some other design elements resulting in your own derivative final piece of work.
If the standard licence does not suit your needs and your small business is growing, resulting in the total amount of combined digital or physical product sales exceeding 5000 units, you may upgrade to an Extended Licence which offers you unlimited sales units. Please read on for the various extended licence options.
THE EXTENDED LICENCE
- COMMERCIAL USE – unlimited sales including both digital and physical products as long as you don’t use my graphic resources standalone. Derivative works should be created by you where my graphic resources are not the main focus.
The same proper use agreement and restrictions apply as in the Standard Licence.
The extended licence comes with 4 different price points which are add-ons available as options for you in the Shopping cart. You need to purchase the appropriate add-on licence as well as the graphic resources.
- single clip art
- small clip art set, set of tags, set of papers, set of patterns, set of washi tape,
- large clip art sets and bundles
THE ULTIMATE LICENCE
- COMMERCIAL USE – unlimited sales of physical products only giving you non-exclusive rights to use my purchased graphics standalone without creating derivative designs.
- Available for large clip art sets and bundles
- This is an add-on license and will be available as an option for you in the Shopping cart. You need to purchase this add-on licence for every large clip art set or bundle purchased.
I understand that licences can be complicated and you may be confused by how you can use my graphic resources in the correct way.
Please reach out to me if you have any questions relating to my licence agreements so that you are confident about using the graphic resources in your business. Let’s face it, running a small business is hard enough without worrying about breaking licence agreements. (I’m very approachable and not scary).