Content License | Comic Strip Factory | David Durkee

Content License

COMIC STRIP FACTORY™

NON-COMMERCIAL CONTENT LICENSE

By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this License ("License"). 

Section 1 – Definitions.

“Licensed Material” means the comic artwork and other comic components provided in the Comic Strip Factory™ application either as bundled content or in-app purchases.

 “Adapted Material” means material derived from or based upon the Licensed Material and in which the Licensed Material is altered, arranged, transformed, or otherwise modified in a manner requiring permission under intellectual property rights held by the Licensor. For the avoidance of doubt, mere copying or exporting components of the Licensed Material does not constitute the creation of Adapted Materials.

 “Licensed Rights” means the rights granted to You subject to the terms and conditions of this License, that the Licensor has authority to license.

“Non-Commercial Use” means not primarily intended for or directed towards commercial advantage or monetary compensation. 

Share” means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.

Section 2 – Grant of Rights.

Scope

Subject to the terms of this License, Licensor grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to produce, reproduce, and Share Adapted Material for Non-Commercial purposes only.  This license does not grant a right to You to use the Licensed Material to produce or share Adapted Material that promotes or advocates hate, violence, or abusive behavior – determination of what constitute these behaviors is at the sole discretion of Licensor and such determination will result in the immediate termination of all Licensed Rights upon notice to You.

Downstream Licenses / Sharing

Except as included within Adapted Materials, You may not offer to license the Licensed Material to any other party. If You Share Adapted Material You produce, You may not grant recipients of the Adapted Material any rights except those related to use of Adapted Materials as adapted, and no grant of rights can be made in any form other than in its adapted form.

Commercial Use

For the avoidance of doubt, this License does not include any grant of commercial use of the Licensed Material, individually or as a part of any Adapted Materials. For example, if the use is on or in a product that derives revenue for the user or an organization that the user is part of, or is in advertising for a for-profit product or service, it requires a separate commercial use license. Requests for commercial use of the Licensed Material or the ability to sublicense any Adapted Material will depend on the actual use and may require attribution and/or license fees. Such requests should be directed to Licensor at david@comicstripfactory.com.

Attribution

For Non-Commercial Use, when reasonably practicable, Licensor requests You provide a notice in substantial similar form to this: “Uses artwork from Comic Strip Factory” and provide a URL or hyperlink to Licensor’s website located at http://www.comicstripfactory.com, or include the hashtag #comicstripfactory.

You may satisfy the attribution conditions in this Section in any reasonable manner based on the medium, means, and context in which You Share the Adapted Material. For example, it may be reasonable to satisfy the conditions by providing a URL or hyperlink to a resource that includes the required information.

If requested by the Licensor, You must remove any of the information requested by this Section to the extent reasonably practicable.

Section 3 – Disclaimer of Warranties and Limitation of Liability.

Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Material “as-is” and “as-available”, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.

To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this License or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You.

The disclaimer of warranties and limitation of liability provided above will be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.

Section 4 – Term and Termination.

This License applies for the term of any copyright, or other intellectual property rights licensed here. However, if You fail to comply with this License, then Your rights under this License terminate automatically.

For the avoidance of doubt, this Section does not affect any additional right the Licensor may have to seek remedies for Your violations of this License.

For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this License.

Section 5 – Other Terms and Conditions.

Licensor is not bound by any additional or different terms or conditions communicated by You unless expressly agreed. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this License.

To the extent possible, if any provision of this License is deemed unenforceable, it will be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it will be severed from this License without affecting the enforceability of the remaining terms and conditions. 

This License is governed by the federal laws of the United States of America and the laws of the State of Minnesota, without regard to conflict of law provisions. Any failure on the part of Licensor to enforce any provision of this Agreement will not be considered a waiver of Licensor’s right to enforce such provision. You agree that any cause of action related to or arising out of your relationship with Licensor must commence within six (6) months after the cause of action accrues.  Otherwise, such cause of action is permanently barred.

© DWDurkee, LLC, 2016