Licenses
The Pattern Design online library offers its customers three different licenses for seamless patterns. The different licenses for seamless patterns are offered as follows:
- UNLIMITED License
- EXCLUSIVE License
- EXCLUSIVE limited License
- EXCLUSIVE unlimited License
UNLIMITED License
1. Preamble
The license agreement shall be concluded between Pattern Design GmbH (hereinafter referred to as "Pattern Design") and the customer (hereinafter referred to as the "Licensee").
This present license agreement stipulates the conditions subject to which the Licensee may use the patterns provided by Pattern Design.
2. License
a. Non-exclusive license - non-exclusive.
b. The pattern remains in the online library and can be purchased by other customers.
c. No restrictions as to time and scope.
d. May be used to produce products and derivatives.
e. Unlimited number produced (for products and derivatives).
3. Rights and obligations of the Licensee
a. In accordance with copyright law, the Licensee shall be prohibited from making any copies of the pattern. This means the Licensee shall not be entitled to make any copies of the patterns if the Licensee or any third party intends to use such copies.
b. The license agreement does not provide for any resale or sub-licensing of the patterns.
c. The Licensee shall be entitled to discontinue the use of the patterns and transfer such patterns to subcontractors or to have such patterns processed by subcontractors to the extent the Licensee undertakes to comply with the provisions contained in this license agreement.
d. The Licensee`s subcontractors shall not be entitled to otherwise use the patterns and shall be prohibited from extracting or using the files for any other purpose.
e. The Licensee shall not be entitled to use or register the elements contained in the pattern (such as hummingbird, flower, etc.) as a company logo or as a brand / mark.
f. Pattern Design shall not assume any liability if the processing of the pattern by the Licensee affects any third party rights.
g. The pattern must not be used for editorial or journalistic purposes without a copyright notice as follows: "© year (e.g. 2010); name (Pattern Design GmbH)"
4. Unauthorised use
a. The use, rendition, distribution or display of the pattern in a manner that is obscene, offensive or indecent shall be prohibited.
b. Any actions in connection with the pattern which violate any laws, provisions or regulations in any applicable jurisdiction shall be prohibited.
c. The pattern must be used in such a manner that Pattern Design is not presented as supporter of a political, economic or other movement or party.
5. Payments and license fees
a. The license fee shall become due and payable as of the date stipulated in the invoice. If payment is effected via credit card, the amount shall be charged to the credit card at the time the contract is concluded. Various payment options are available (e.g. credit card or direct ebanking).
b. The license fees stipulated at www.patterndesigns.com at the time the order is placed shall be valid. Pattern Design reserves the right to change the license fees at any time. The new license fees shall become binding for the Licensee.
c. If the Licensee does not publish or use the pattern, Pattern Design shall not be obliged to take it back or to refund the license fee.
d. The Licensee shall be responsible for any taxes.
6. Restriction and exclusion of liability
We expressly point out that Pattern Design does not assume any liability for the use of the contractual patterns. Pattern Design does in particular not assume any liability if such use violates any third party property rights such as trademark rights, copyrights or registered designs. The Licensee undertakes to carefully verify any third party rights before it uses the patterns and to indemnify and hold harmless Pattern Design against any third party claims. Claims for damages for slight negligence shall be excluded. This shall also apply for the benefit of pattern design`s legal representatives and vicarious agents to the extent the Licensee asserts any claims against them. Claims for damages shall become statute-barred 12 months after the damage and the party responsible for such damage became known.
7. Termination of the contract
Should Pattern Design become aware of any unauthorised use, it shall revoke the license and terminate the license agreement with immediate effect. In such case, Pattern Design shall not be obliged to refund the license fee and expressly reserves the right to assert claims for damages.
8. General provisions
a. The Licensee shall be obliged to inform its subcontractors of the origin of the patterns as well as of this license agreement, in particular of the exploitation rights subject to copyrights and provide evidence that it fulfilled this duty to inform.
b. pattern design`s General Terms and Conditions shall apply.
c. Austrian law excluding any and all principles on conflicts of laws shall exclusively be applicable. The UN Sales Convention is expressly excluded.
d. Place of venue shall be the competent court at the seat of Pattern Design.
e. The ineffectiveness of one of the provisions contained in this license agreement shall not affect the effectiveness of the remaining provisions thereof.
EXCLUSIVE limited License
1. Preamble
The license agreement shall be concluded between Pattern Design GmbH (hereinafter referred to as "Pattern Design") and the customer (hereinafter referred to as the "Licensee").
This present license agreement stipulates the conditions subject to which the Licensee may use the patterns provided by Pattern Design.
2. License
a. Exclusive license - restricted to a period of 2 years
b. Upon expiry of such period of time, the Licensee`s exclusive right to use such pattern shall lapse. However, the Licensee shall be entitled to continue to use such pattern subject to an unlimited license. The purchaser is responsible for the compliance with such period.
c. The pattern shall be removed from the online library for a period of 2 years. Afterwards, Pattern Design reserves the right to offer such pattern subject to an unlimited license in the online library again.
d. No restrictions as to scope.
e. May be used to produce products and derivatives.
f. Unlimited number produced (for products and derivatives).
3. Rights and obligations of the Licensee
a. In accordance with copyright law, the Licensee shall be prohibited from making any copies of the pattern. This means the Licensee shall not be entitled to make any copies of the patterns if the Licensee or any third party intends to use such copies.
b. The license agreement does not provide for any resale of the patterns.
c. The Licensee shall be entitled to discontinue the use of the patterns and transfer such patterns to subcontractors or to have such patterns processed by subcontractors to the extent the Licensee undertakes to comply with the provisions contained in this license agreement.
d. The Licensee`s subcontractors shall not be entitled to otherwise use the patterns and shall be prohibited from extracting or using the files for any other purpose.
e. The Licensee shall not be entitled to use or register the elements contained in the pattern (such as hummingbird, flower, etc.) as a company logo or as a brand / mark.
f. Pattern Design shall not assume any liability if the processing of the pattern by the Licensee affects any third party rights.
g. The pattern must not be used for editorial or journalistic purposes without a copyright notice as follows: "© year (e.g. 2010); name (Pattern Design GmbH)"
4. Unauthorised use
a. The use, rendition, distribution or display of the pattern in a manner that is obscene, offensive or indecent shall be prohibited.
b. Any actions in connection with the pattern which violate any laws, provisions or regulations in any applicable jurisdiction shall be prohibited.
c. The pattern must be used in such a manner that Pattern Design is not presented as supporter of a political, economic or other movement or party.
5. Payments and license fees
a. The license fee shall become due and payable as of the date stipulated in the invoice. If payment is effected via credit card, the amount shall be charged to the credit card at the time the contract is concluded. Various payment options are available (e.g. credit card or direct ebanking).
b. The license fees stipulated at www.patterndesigns.com at the time the order is placed shall be valid. Pattern Design reserves the right to change the license fees at any time. The new license fees shall become binding for the Licensee.
c. If the Licensee does not publish or use the pattern, Pattern Design shall not be obliged to take it back or to refund the license fee.
d. The Licensee shall be responsible for any taxes.
6. Restriction and exclusion of liability
a. Pattern Design shall not guarantee that a pattern subject to an exclusive license was not used for its own promotional and advertising activities (such as folders, trade shows) in the past.
b. We expressly point out that Pattern Design does not assume any liability for the use of contractual patterns. Pattern Design does in particular not assume any liability if such use violates any third party property rights such as trademark rights, copyrights or registered designs. The Licensee undertakes to carefully verify any third party rights before it uses the patterns and to indemnify and hold harmless Pattern Design against any third party claims. Claims for damages for slight negligence shall be excluded. This shall also apply for the benefit of Pattern Design`s legal representatives and vicarious agents to the extent the Licensee asserts any claims against them. Claims for damages shall become statute-barred 12 months after the damage and the party responsible for such damage became known.
7. Termination of the contract
Should Pattern Design become aware of any unauthorised use, it shall revoke the license and terminate the license agreement with immediate effect. In such case, Pattern Design shall not be obliged to refund the license fee and expressly reserves the right to assert claims for damages.
8. General provisions
a. The Licensee shall be obliged to inform its subcontractors of the origin of the patterns as well as of this license agreement, in particular of the exploitation rights subject to copyrights and provide evidence that it fulfilled this duty to inform.
b. pattern design`s General Terms and Conditions shall apply.
c. Austrian law excluding any and all principles on conflicts of laws shall exclusively be applicable. The UN Sales Convention is expressly excluded.
d. Place of venue shall be the competent court at the seat of Pattern Design.
e. The ineffectiveness of one of the provisions contained in this license agreement shall not affect the effectiveness of the remaining provisions thereof.
EXCLUSIVE unlimited License
1. Preamble
The license agreement shall be concluded between Pattern Design GmbH (hereinafter referred to as "Pattern Design") and the customer (hereinafter referred to as the "Licensee").
This present license agreement stipulates the conditions subject to which the Licensee may use the patterns provided by Pattern Design.
2. License
a. Exclusive license - exclusive and unrestricted.
b. No restrictions as to time and scope.
c. May be used to produce products and derivatives.
d. Unlimited number produced (for products and derivatives).
3. Rights and obligations of the Licensee
a. In accordance with copyright law, the Licensee shall be prohibited from making any copies of the pattern. This means the Licensee shall not be entitled to make any copies of the patterns if the Licensee or any third party intends to use such copies.
b. The license agreement does not provide for any resale of the patterns.
c. The Licensee shall be entitled to discontinue the use of the patterns and transfer such patterns to subcontractors or to have such patterns processed by subcontractors to the extent the Licensee undertakes to comply with the provisions contained in this license agreement.
d. The Licensee`s subcontractors shall not be entitled to otherwise use the patterns and shall be prohibited from extracting or using the files for any other purpose.
e. The Licensee shall not be entitled to use or register the elements contained in the pattern (such as hummingbird, flower, etc.) as a company logo or as a brand / mark.
f. Pattern Design shall not assume any liability if the processing of the pattern by the Licensee affects any third party rights.
g. The pattern must not be used for editorial or journalistic purposes without a copyright notice as follows: "© year (e.g. 2010); name (Pattern Design GmbH)"
4. Unauthorised use
a. The use, rendition, distribution or display of the pattern in a manner that is obscene, offensive or indecent shall be prohibited.
b. Any actions in connection with the pattern which violate any laws, provisions or regulations in any applicable jurisdiction shall be prohibited.
c. The pattern must be used in such a manner that Pattern Design is not presented as supporter of a political, economic or other movement or party.
5. Payments and license fees
a. The license fee shall become due and payable as of the date stipulated in the invoice. If payment is effected via credit card, the amount shall be charged to the credit card at the time the contract is concluded. Various payment options are available (e.g. credit card or direct ebanking).
b. The license fees stipulated at www.patterndesigns.com at the time the order is placed shall be valid. Pattern Design reserves the right to change the license fees at any time. The new license fees shall become binding for the Licensee.
c. If the Licensee does not publish or use the pattern, Pattern Design shall not be obliged to take it back or to refund the license fee.
d. The Licensee shall be responsible for any taxes.
6. Restriction and exclusion of liability
a. Pattern Design shall not guarantee that a pattern subject to an exclusive license was not used for its own promotional and advertising activities (such as folders, trade shows) in the past.
b. We expressly point out that Pattern Design does not assume any liability for the use of contractual patterns. Pattern Design does in particular not assume any liability if such use violates any third party property rights such as trademark rights, copyrights or registered designs. The Licensee undertakes to carefully verify any third party rights before it uses the patterns and to indemnify and hold harmless Pattern Design against any third party claims. Claims for damages for slight negligence shall be excluded. This shall also apply for the benefit of Pattern Design`s legal representatives and vicarious agents to the extent the Licensee asserts any claims against them. Claims for damages shall become statute-barred 12 months after the damage and the party responsible for such damage became known.
7. Termination of the contract
Should Pattern Design become aware of any unauthorised use, it shall revoke the license and terminate the license agreement with immediate effect. In such case, Pattern Design shall not be obliged to refund the license fee and expressly reserves the right to assert claims for damages.
8. General provisions
a. The Licensee shall be obliged to inform its subcontractors of the origin of the patterns as well as of this license agreement, in particular of the exploitation rights subject to copyrights and provide evidence that it fulfilled this duty to inform.
b. pattern design`s General Terms and Conditions shall apply.
c. Austrian law excluding any and all principles on conflicts of laws shall exclusively be applicable. The UN Sales Convention is expressly excluded.
d. Place of venue shall be the competent court at the seat of Pattern Design.
e. The ineffectiveness of one of the provisions contained in this license agreement shall not affect the effectiveness of the remaining provisions thereof.
