End User License Agreement
In consideration of the obligations, warranties and undertakings of the licensee in this License Agreement, and subject to and conditional upon their full and timely performance and observance, the company grants to the licensee a non-transferable, non-exclusive, royalty-free license to use the Dutch Icon icons, symbols or artwork (herein referred to as the “assets”). The assets may be accessed and used by the licensee on a computer network or similar local network device. For sharing on larger networks, an upgrade license is required for the assets.
The licensee is permitted to use the assets in graphic, application, identity designs and such: the licensee’s personal, professional, internal, and external communication purposes including advertising, promotional, editorial, multimedia, and client projects which may involve the visuals and graphic designs of digital publishing, newsletters, broadcasts, computer games, film and video, presentations, entertainment, interfaces, websites, navigation systems, brand and corporate identity design, and any such graphic designs, printed materials, advertisements, packaging, film and video, presentations, entertainment, catalogues, brochures, promotional cards, books, magazines, newspapers, any framed artwork in which the icons are integrated.
The licensee may adjust the original content superficially by modifying or transforming the color, size and add effects. The licensee may enter projects into contests, film festivals, publications and or exhibitions. The licensee shall always use a proper reference to the copyright holder of the assets. Any use of the assets by licensee is subject to the restrictions described under Prohibited Uses. Only licensee is permitted to use the assets. The licensee is permitted to transfer files containing assets to its clients, printers or ISP for the purpose of Permitted Uses, such parties shall however have no further or additional rights to use the assets and cannot access or extract the assets. The licensee may install and use the assets in only one location at a time, although subject to the Prohibited Uses and the other terms of this License Agreement. The licensee is entitled to utilize the Permitted Uses an unlimited number of times. The licensee may physically transfer the assets and its archives, in which case the licensee may use the assets at the new location instead. If the licensee requires the assets to be in more than one location or accessible by more than one person, the licensee must download the assets from the website of Dutch Icon for each such use or obtain an upgraded license for the assets. The licensee is allowed to make one (1) copy of the assets solely for back-up proposes and archival purposes or transfer the assets to a single hard drive, provided that the licensee keeps the original and accompanying documentation in its possession.
The licensee is not permitted to: do anything not expressly permitted under the paragraph headed “Permitted Uses” above. Without prejudice to the generality of the above not to: post any assets on any electronic bulletin board, FTP, or file sharing programs; put the assets online in any downloadable format; use any backup copy for any purpose other than to replace an original copy if it is destroyed or becomes defective; use or permit the use of the assets, or any part thereof, as a trademark, logo, service mark, or claim any proprietary rights of any sort in the assets, or any part thereof; sell, sublicense, distribute or otherwise grant rights or make assets available for use by others; use or allowing permission to use assets to create pornographic, fraudulent, obscene, immoral, infringing, illegal, blasphemous or defamatory material; make changes to the original designs (shapes and contours of the assets) nor alter its proportions; modify or transform the original content fundamentally. Any use of the assets in a way not specifically permitted or prohibited by this License Agreement, without prior written consent from Dutch Icon is a violation of copyright law.
Using assets in a way not specifically permitted or prohibited by this License Agreement, without prior written consent from Dutch Icon is a violation of copyright law. This License Agreement is in force until Dutch Icon terminates it pursuant to the provisions as to termination below.
The licensee warrants and undertakes, confirms and agrees with Dutch Icon: that all rights of a proprietary and copyright nature and title in and to the assets are expressly acknowledged as the property of Dutch Icon and subject only to the non-transferable, non-exclusive, royalty-free license contained in this License Agreement, which does not confer any copyright or proprietary rights of any nature whatsoever on the licensee aside from the uses specified and permitted in this License Agreement. The licensee shall ensure that all copies of the assets published and distributed by the licensee shall contain full and accurate copyright notices, credit attributions and acknowledgements that Dutch Icon retains the copyright in the works. The licensee shall give full particulars to Dutch Icon as soon as the licensee becomes aware of any actual or threatened claim by any third party in connection with the assets. The licensee shall retain total control and possession at all times of assets and shall not allow the assets to fall into the hands of third parties who are not licensed by this License Agreement. The licensee shall indemnify and keep fully indemnified Dutch Icon from and against all actions, proceedings, claims, demands, costs (including any legal costs or expenses properly incurred and any compensation costs and disbursements paid by Dutch Icon on the advice of their legal advisors to compromise or settle any claim), awards and damages arising directly or indirectly as a result of any breach or non-performance by the licensee of any of the licensee’s undertakings, warranties or obligations under this License Agreement. The licensee warrants and undertakes not to assign or license the use of the assets or any portion thereof for any purpose other than those purposes specifically agreed between Dutch Icon and the licensee under this License Agreement. In particular, the licensee may not loan, rent, hire or otherwise transfer or purport to transfer the right to use the assets in any way to any other person or entity. The licensee accepts and warrants that use of the assets shall not infringe any third party rights, of any nature, and any liability for the infringement of third party rights, of whatsoever nature, shall rest with the licensee.
All assets are owned by Dutch Icon and are protected by (Dutch) Copyright law. No title to or intellectual property rights to the assets are transferred to licensee. Dutch Icon retains all rights not expressly granted by this License Agreement. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owner’s name. Trademarks can only be used to identify printed or electronic output produced by the assets. Such use of any trademark does not give the licensee any rights of ownership in that trademark. Except as stated above, this License Agreement does not grant the licensee any intellectual property rights in the assets. Unpublished rights are reserved.
The licensee warrants and undertakes, confirms and agrees with Dutch Icon: to the best of the knowledge of Dutch Icon, the assets are not defamatory, obscene or immoral, and do not infringe any rights of copyright or other intellectual property or proprietary rights of third parties, but no right of action shall accrue against Dutch Icon in the event of the assets being deemed or found to be defamatory, obscene or immoral or an infringement of third party rights. Furthermore, no claim or action of any sort can arise against Dutch Icon in this License Agreement for the use of these assets and no liability can attach to Dutch Icon for any acts, omissions or failures on the part of the licensee to comply with the terms of this License Agreement.
It shall constitute repudiation by the licensee of its rights and obligations under this License Agreement if: the licensee is in breach of any term of this License Agreement or any of the licensee’s warranties or representations shall prove to have been incorrect.
Dutch law will govern this License Agreement. If any part of this License Agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms. Any dispute between the licensee and Dutch Icon shall be solely submitted to the competent court of law in Rotterdam, the Netherlands.