End User License Agreement (EULA) | Terms and Conditions
Please read this End User License Agreement (“EULA”) carefully. By using our items, you agree to be bound by the terms of this agreement. If you do not agree with the terms of this agreement, you must not download, install, use or copy any of our items. Please keep a copy of this agreement.
This is a legal agreement between the licensor Timo Fecher, Hirtenstraße 19, 63768 Hösbach, Germany (“Crossfeyer”, “We”, “Us”, “Our”), and the user (the “Licensee”, “You”, “Your”) of our digital products (“Item”, “Items”). By purchasing a license, you confirm that you are allowed to form a contract under your local laws.
LICENSE GRANT: After complete payment, Crossfeyer grants you a personal, non-exclusive, non-transferable, non-sublicensable, perpetual, and worldwide license to use our items, in accordance with this agreement, to create an unlimited number of end products. We retain all copyright and/or other intellectual property rights.
PERMITTED USAGE: You are allowed to use (download, store, load, display, incorporate, modify) our items in any and all media projects (personal and commercial) created by you, as long as you integrate the items into an end product with significant value added by you. This means that our items may in principle not be the primary element of an end product and that they need to be combined with other elements (for example graphics, images, text or video clips) to create a new design. You may transfer an end product to a client and also charge your client for your work. However, before transferring an end product (for example a video clip or a flyer) to a third party (for example a client), you need to make sure that our items cannot be extracted from the end product. In case your client requests the project data or source files of your end product (with one or more of our items being part of that data), your client needs to purchase a separate license from us and agree with the terms of this agreement.
ITEM MODIFICATIONS: You are allowed to modify our items to adjust them to your project’s requirements. Keep in mind that a modified item will still be subject to this license agreement. Therefore you cannot claim ownership of an item, even if modified.
LIMITATIONS OF USE: Unless otherwise explicitly permitted in this agreement, our items and the licenses granted for them may not be sold, assigned, transferred, shared, lend, sub-licensed, re-sold or otherwise re-distributed to any third party. You may under no circumstances sell or redistribute (or otherwise make available) our items as individual files, or incorporated in any other media library, collection, as stock, in a tool, template, plugin or preset even if you have modified, transformed or edited the items in any way. Using our items in applications that permit end users to create and/or adjust products to their demands (for example “build it yourself” or “on demand” tools) is also not allowed. You may not use our items as a trademark, a service mark or to create an official logo. It is not permitted to use our items, in whole or in part, in a way that violates upon any third party’s trademark or other intellectual property right. You are not allowed to use our items for any pornographic, obscene, defamatory, racist, discriminating or other unlawful and illegal matters.
SINGLE-USER: By purchasing any of our items, you will be granted a single-user license, meaning 1 user at 1 device is allowed to use the items. In addition, you are allowed to make 1 backup copy of our items on an external hard drive. The number of users allowed to work with our items is always limited to the number of licenses purchased. You are not allowed to transfer the items to any third party through networked computers.
OWNERSHIP AND COPYRIGHT: All of our items are protected by German and international copyright laws. Our items are licensed and not sold. You may not claim intellectual or exclusive ownership of any of our items. Purchasing a license for our items does not transfer any ownership rights and our items belong to and are copyrighted by Crossfeyer. You acknowledge that all items remain our intellectual property. We remain full and exclusive ownership rights and the exclusive right to sell licenses for our items to third parties. You are responsible for any violation of the law resulting from your defiance of the terms of this agreement.
LIABILITY: Crossfeyer is not liable for any damages (including damages for loss of profits, business interruption, loss of data or other loss) and/or third party claims caused in connection with your use of one of our items. You agree to indemnify, hold harmless and defend us against any and all claims, liabilities, judgments, expenses, or costs arising from your use, abuse or distribution of our items.
WARRANTY: You must accept the items “as-is” without express or implied warranty. The full risk resulting out of the use of our items remains with the licensee.
AVAILABILITY: Crossfeyer does not guarantee that all items will be available at all times. We urge you to download every item licensed within 4 weeks. Furthermore, we reserve the right to discontinue licensing certain items at any time.
TERMINATION: If you fail to comply with the terms and conditions of this agreement or claim a refund within 60 days after payment, the license will be immediately and automatically terminated without notice from Crossfeyer. In this case you must immediately stop using our items, return all items to Crossfeyer and delete the items and all backup copies.
MODIFICATIONS: We reserve the right to modify or revise this agreement at any time.
GOVERNING LAW: This agreement shall be governed by the laws of Germany. Both parties agree to the fact that this agreement is written in the English language and that they completely understand and follow its content. Beide Parteien stimmen der Tatsache zu, dass diese Vereinbarung in Englischer Sprache verfasst ist und sie den Inhalt vollumfänglich verstehen und befolgen.
SEVERABILITY: If individual regulations of this agreement are declared void and unlawful, all remaining provisions will continue to be valid and enforceable.
Hösbach, Germany, 01.01.2019
Timo Fecher, Hirtenstraße 19, 63768 Hösbach, Germany
If you have any questions concerning this End User License Agreement, please contact firstname.lastname@example.org