END USER LICENSE AGREEMENT

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1. PREAMBLE

The following EULA is a legal agreement between you or the employer or other entity on whose behalf you are entering into this agreement ("you" or "Customer") and EGO Creative Innovations and sets forth the rights and obligations with respect to any Digital Asset licensed by you. By entering into this EULA, you verify that your country of residence is the same as your billing address.

Please revisit this EULA when you purchase any Digital Asset licenses. EGO Creative Innovations reserves the right to modify the EULA at any time in its sole discretion. Prior to such changes becoming effective, EGO Creative Innovations will use reasonable efforts to notify you of any such change. Such notice may be made by email to the email address on file in your EGO Store account, an announcement on this page, your login page, and/or by other means. Modifications to this EULA will only apply to prospective purchases (including any automated renewals). By licensing Digital Asset following any such modifications, you agree to be bound to the EULA as modified.

The license granted to you is not a sale.

• "Footage" means any moving images, animations, films, videos or other audio/visual representations, video elements, visual effects elements, templates, graphics packs, and motion design projects excluding still images, recorded in any format.
• "Image(s)" means still photographs, vectors, drawings, graphics, AI generated images, and the like.
• "3D kits" means any  3d model, textures, UV mapping and the like in any format.
• "UI kits" means sets of editable source designs of a mobile, wearable, web, industrial, automotive and the like apps in any design software format, like Figma or Sketch but not limited to.
• "Visual Digital Assets" means Footage, Images, 3D kits and UI kits.
• "Application templates" means software assets in the form of pieces of mobile, web, industrial, and the like software codes in any suitable language and/or platform representing the interactive User Interfaces.
• "Code Snippets"means software assets in the form of pieces of mobile, web, industrial, and the like software codes in any suitable language and/or platform representing any kind of functionality.
• "Software UI Kit" means software assets in a form of pieces of mobile, web and the like software codes in any suitable language and/or platform representing any kind of functionality based on editable source designs of a mobile, wearable, web, industrial, automotive and the like apps.
• "Software Digital Assets" means Application templates, Code Snippets and Software UI Kits.
• "Digital Assets" means all content available for license from the EGO Store website, including Images, Footage, 3D kits, UI kits, Application templates, Code Snippets (as defined herein.) or, in other words, both Software Digital Assets and Visual Digital Assets, together with any other kind of digital product presented on EGO Store.
• “End Software Product” means, but not limited to, UI/UX design of the interface,  software assets, complete website, web application, mobile application, a hybrid of any of the above, developed with help of Digital Assets.
• "EGO Store" means an online e-commerce store owned and operated by EGO Creative Innovations Limited and published at https://ego-cms.com or other domains.

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2. PART I – VISUAL DIGITAL ASSETS LICENSES

EGO Creative Innovations hereby grants you a limited, non-exclusive, non-transferable license, without the right to sub-license, to use, modify (except as expressly prohibited herein) and reproduce Visual Digital Assets worldwide, in perpetuity, as expressly permitted by the applicable license and subject to the limitations set forth herein.

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2.1 STANDARD VISUAL DIGITAL ASSETS LICENSE 

The Standard license allows you to use the downloaded Visual Digital Asset for the creation of all kinds of items (except Items for Resale, where the Visual Digital Asset plays a major role in the item and adds value to it). The Standard license grants you the right to use Visual Digital Assets:

2.1.1 As a digital reproduction, including on websites, in online advertising, in social media, in mobile advertising, mobile "apps", software, e-cards, e-publications (e-books, e-magazines, blogs, etc.), email marketing and in online media (including on video-sharing services such as YouTube, Dailymotion, Vimeo, etc., subject to the budget limitations set forth below);

2.1.2 Printed in physical form as part of product packaging and labeling, letterhead and business cards, point of sale advertising, CD and DVD cover art, or in the advertising and copy of tangible media, including magazines, newspapers, and books provided no Visual Digital Asset is reproduced more than 500,000 times in the aggregate;

2.1.3 As part of an "Out-of-Home" advertising campaign, including on billboards, street furniture, etc., provided the intended audience for such a campaign is less than 500,000 gross impressions.

2.1.4 Incorporated into film, video, television series, advertisement, or other audio-visual productions for distribution in any medium now known or hereafter devised, without regard to audience size, provided the budget for any such production does not exceed USD $10,000;

2.1.5 For your own personal, non-commercial use (not for resale, download, distribution, or any commercial use of any kind)

2.2 EXTENDED VISUAL DIGITAL ASSETS LICENSE

grants you the right to use Visual Digital Asset (which rights are in addition to 2.1.1-2.1.5 above and exclusive to Extended Visual Digital Asset Licenses):

2.2.1. In any manner permitted under a Standard Visual Digital Asset License, without any limitation on the number of reproductions, impressions, or budget;

2.2.2. For the creation of Items for Resale in which the Visual Digital Asset plays a major role in the item and adds value to it.

2.3 PROHIBITED USE OF VISUAL DIGITAL ASSETS

You may not:

2.3.1 Make the Visual Digital Asset available for free download on a shared drive, service, software or website for the purpose of exchanging, transferring or distributing;

2.3.2 Transfer, resell, sub-license, rent, donate or otherwise transfer the Visual Digital Asset or rights to it to third parties;

2.3.3 Сreate conditions under which the Visual Digital Asset may be extracted from a product;

2.3.4 Allow third parties access to the Visual Digital Asset for further use;

2.3.5 Use the unmodified Visual Digital Asset in an e-format with resolution larger than the display resolution of the intended viewing device;

2.3.6 Use the Visual Digital Asset to create an official logo, company name, or trademark;

2.3.7 Use the Visual Digital Asset in a way that infringes the EGO Creative Innovations’ intellectual property rights or a third party’s trademark or that would lead to a complaint about deceptive advertising or unfair competition;

2.3.8 Use the Visual Digital Asset for SPAM mailings;

2.3.9 Use the Visual Digital Assetin a way that competes with EGO Creative Innovations business;

2.3.10 Display, use or post the Visual Digital Asset in a way that would lead to the conclusion that the model in the Visual Digital Asset approves of or endorses the items or services of any venture or trademark;

2.3.11 Show a person depicted in the Visual Digital Asset in sensitive scenarios that could reasonably be considered offensive or unflattering to that person (e.g., related to mental and physical deficits, sexual or implied sexual activity or preferences, crime, physical or mental abuse or ailments);

2.3.12 Use the Visual Digital Asset for pornographic, illegal or immoral purposes;

2.3.13 Use the Visual Digital Asset in items or products that could embarrass or humiliate a person or model in the Visual Digital Asset;

2.3.14 Use the Visual Digital Asset for advertisement or promotion of tobacco or alcohol products;

2.3.15 Display, use or post the Visual Digital Asset in a way that would lead to the conclusion that the model in the Visual Digital Asset approves of or endorses any political party, policy, candidate, or elected official.

2.3.16 Any forbidden use of the Visual Digital Asset shall be considered as copyright infringement. You shall be liable for all damages caused by copyright infringement, including any claims made by third parties. Also, EGO Creative Innovations reserves the right to recall your license of any Visual Digital Asset you have used in a manner considered as copyright infringement.

3. PART II – SOFTWARE DIGITAL ASSETS LICENSES

EGO Creative Innovations hereby grants you a limited, non-exclusive, non-transferable license, without the right to sub-license, to use, modify (except as expressly prohibited herein) and reproduce Software Digital Assets worldwide, in perpetuity, as expressly permitted by the applicable license and subject to the limitations set forth herein.

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3.1 PERSONAL SOFTWARE DIGITAL ASSETS LICENSE

The Personal license allows you to use the downloaded Software Digital Asset for the creation of one single End Software Product (a “single application”). The Personal license grants you the right to use Software Digital Assets:

3.1.1 to create one single End Software Product for yourself or for one client (a “single application”), and the End Software Product can be distributed for Free;

3.1.2 to create one End Software Product for a client, and you can transfer that single End Software Product to your client for any fee. This license is then transferred to your client;

3.1.3 to make any number of copies of the single End Software Product, as long as the End Software Product is distributed for Free (for example, free mobile application in the Apple Store, or Google Play, or similar);

3.1.4 to modify or manipulate the Software Digital Assets. You can combine the Software Digital Assets with other works and make a derivative work from it. The resulting works are subject to the terms of this license;

3.2 DEVELOPER SOFTWARE DIGITAL ASSETS LICENSE

grants you the right to use Software Digital Asset (which rights are in addition to 3.1.1-3.1.4 above and exclusive to Developer Software Digital Asset Licenses):

3.2.1 to use the Software Digital Asset to create multiple End Software Products for yourself or for multiple clients, and the End Software Product may be Sold (Sell, license, sub-license or distribute for any type of fee or charge);

3.2.2 to create the End Software Product for a client, and this license is then transferred from you to your client;

3.2.3 to Sell (Sell, license, sub-license or distribute for any type of fee or charge) and make any number of copies of the End Software Product.

3.2.4 to use Software Digital Asset under a “multi-use” license and not a “single application” license, which means that you can use the Software Digital Asset to create more than one unique End Software Product;

3.2.5 to create high-load SaaS End Products or similar Software products;

3.4 PROHIBITED USE OF SOFTWARE DIGITAL ASSETS

You may not:

3.4.1 Make the Software Digital Asset available for free download on a shared drive, service, software or website for the purpose of exchanging, transferring or distributing;

3.4.2 Сreate conditions under which the Software Digital Asset may be extracted from a End Software Product;

3.4.3 Allow third parties access to the Software Digital Asset for further use, except the utilize of git repository as set forth below;

3.4.4 Use the Software Digital Asset to create an official logo, company name, or trademark;

3.4.5 Use the Software Digital Asset in a way that infringes the Software Digital Asset’s intellectual property rights or a third party’s trademark or that would lead to a complaint about deceptive advertising or unfair competition;

3.4.6 Use the Software Digital Asset for SPAM mailings;

3.4.7 Use the Software Digital Asset in a way that competes with EGO Creative Innovations business;

3.4.8 Display, use or post the Software Digital Asset in a way that would lead to the conclusion that the model in the Software Digital Asset approves of or endorses the items or services of any venture or trademark;

3.4.9 Show a person depicted in the Software Digital Asset in sensitive scenarios that could reasonably be considered offensive or unflattering to that person (e.g., related to mental and physical deficits, sexual or implied sexual activity or preferences, crime, physical or mental abuse or ailments);

3.4.10 Use the Software Digital Asset for pornographic, illegal or immoral purposes;

3.4.11 Use the Software Digital Asset in items or products that could embarrass or humiliate a person or model in the Software Digital Asset;

3.4.12 Use the Software Digital Asset for advertisement or promotion of tobacco or alcohol products;

3.4.13 Display, use or post the Software Digital Asset in a way that would lead to the conclusion that the model in the Software Digital Asset approves of or endorses any political party, policy, candidate, or elected official.

3.4.14 Any forbidden use of the Software Digital Asset shall be considered as copyright infringement. You shall be liable for all damages caused by copyright infringement, including any claims made by third parties. Also, EGO Creative Innovations reserves the right to recall your license of any Software Digital Asset you have used in a manner considered as copyright infringement.

3.4.15 You can’t use the Software Digital Asset in any application allowing an end user to customise a digital or physical product to their specific needs, such as an “on demand”, “made to order” or “build it yourself” application. You can use the Software Digital Asset in this way only if you purchase a separate license for each final product incorporating the Software Digital Asset that is created using the application (For example: you can't create a website or application builder). 

3.4.16 For some Software Digital Asset, a component of the Software Digital Asset will be sourced from elsewhere and different license terms may apply to the component, such as someone else’s license or an open source or creative commons license. If so, you will find the component identified in the Software Digital Asset’s description page or in the Software Digital Asset’s downloaded files. The other license will apply to that component instead of this license. This license will apply to the rest of the Software Digital Asset (For example: Application template might contain images licensed under a Creative Commons CCBY license. The CCBY license applies to those specific images. This license applies to the rest of the Application template).

4. PART III – FREE LICENSES

4.1 All Digital Assets distributed at EGO Store as Free or Freebies are subject of the Creative Common Attribution 4.0 International (CC BY 4.0) license.

5. PART IV – WARRANTIES AND REPRESENTATIONS / DISCLAIMER OF WARRANTY

Except as expressly stated in writing, EGO Creative Innovations makes no representation or warranties in respect of Digital Assets and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.

THESE SOFTWARE DIGITAL ASSETS AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY SOFTWARE DIGITAL ASSETS AS WELL.

6. PART V – SEAT RESTRICTIONS

Your license to use Digital Assets is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Digital Assets.

The Standard and Extended Visual Digital Assets licenses are single seat licenses. A single-seat license authorizes only one (1) person (user) to download and use Digital Assets. However, you are allowed to transfer materials or derivative work containing Digital Assets to third parties for reproduction within the scope of the permitted uses, provided they don’t receive any additional rights to the Digital Assets and cannot access the Digital Assets or extract them from materials you provided.

The Personal and Developer Software Digital Assets licenses are single user licenses. A single-user license authorizes only one (1) developer (user) to download and use Software Digital Assets. However, you are allowed to utilize repositories, like GitHub, to manage the source code and share it between developers, provided the only one developer works with the Software Digital Assets simultaneously. 

5. COPYRIGHT RESTRICTION

These Digital Assets contain copyrighted EGO Creative Innovations trade secrets, and other proprietary EGO Creative Innovations sources.

EGO Creative Innovations' name, logo and graphics or code source file that represents Digital Assets shall not be used in any way to promote products developed with EGO Creative Innovations Digital Assets. EGO Creative Innovations retains sole and exclusive ownership of all rights, title and interest in and to EGO Creative Innovations Digital Assets and all Intellectual Property rights relating thereto.

All files and other data included in all purchases on EGO Store are an integral part of Digital Assets and are copyright by EGO Creative Innovations.

8. PART VII – LIMITATION OF RESPONSIBILITY

You will indemnify, hold harmless, and defend EGO Creative Innovations, its employees, agents, and distributors against any and all claims, proceedings, demand, and costs resulting from or in any way connected with your use of EGO Creative Innovations' Digital Assets.

In no event (including, without limitation, in the event of negligence) will EGO Creative Innovations, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Digital Assets or the use or inability to use Digital Assets or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

EGO Creative Innovations' entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Digital Asset (maximum being the lesser of the amount paid by you and the suggested retail price as listed by EGO Creative Innovations) in exchange for the return of the product, all copies, registration papers and manuals, and all Digital Assets that constitute a transfer of license from the customer back to EGO Creative Innovations.

9. PART VIII – GOVERNING LAW

This Agreement shall be governed by the law of Hong Kong applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of the Hong Kong therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

10. PART IX – TERMINATION

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease the use of EGO Creative Innovations Digital Assets and destroy all copies of Digital Assets supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

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v.1.0
Released 06 of April 2023.