License Terms

Extended License Agreement (Marquee)

This License Agreement contains important legal terms, and Licensee acknowledges that by completing the purchase process Licensee has read the entire License Agreement and agrees to the terms herein.

This License Agreement states the terms and conditions of Licensee’s non-exclusive and limited copyright license with respect to the digital content (“Licensed Asset”) made available on marqueecreativelabs.com by the Shop Owner and purchased by Licensee. The Licensed Asset order number will be emailed to you at the account email address Marquee has on file along with the license key to this License Agreement. We recommend you retain both for your records.

Parties to the License Agreement

This License Agreement is an agreement between the “Licensee” who is the individual person indicated as the Licensee during the purchase process or that person’s employer if that person is acting on the employer’s behalf and with the employer’s authorization and Marquee Creative Labs, LLC (“Marquee”) on behalf of the seller (“Shop Owner”) as Licensor. If you are purchasing on behalf of your employer, then only your employer is the “Licensee” and can use the Licensed Asset subject to the terms of this License Agreement; in that case you represent and warrant that you have full legal authority to bind your employer, as the Licensee, to the terms of this agreement.

The number of individual users permitted to access and use the Licensed Asset (as permitted in this Licensee Agreement) is the number of users (seats) selected and paid for at the time of purchase. If Licensee requires users (seats), additional licenses to the Licensed Asset must be purchased.

This License Agreement permits both commercial and non-commercial use, as defined below.

Commercial use is any use that involves an exchange of money or other consideration, that promotes a business (e.g., sole proprietorship, corporation, or partnership), product, or service, or where financial gain or other consideration is either sought or a result, directly or indirectly, of Licensee’s use of the Licensed Asset. If any one or more of the criteria is met, then the use is deemed “Commercial”.

Non-commercial use (personal) is a use for solely personal purposes. Any use that does not fall under this definition is considered commercial use and cannot be a non-commercial use.

Permitted Uses

Physical Products, Product Packaging, Digital Products, Digital or Print Publication for commercial or non-commercial use. No more than 125,000 lifetime combined individual end products or packaging (digital or physical) sales, instances, impressions, or installations (as applicable) that incorporate the Licensed Asset is permitted for commercial use.

One personal or individual Social Media account for non-commercial use. Company Social Media for commercial use. All Licensee owned and managed company social media accounts are allowed for commercial use. No limit on accounts and pages owned and managed by the Licensee for commercial use.

Physical (Printed) Advertisements in a local market for commercial use. Digital Advertisements for commercial use. No limit on the number of impressions of social media posts or advertisements incorporating the Licensed Asset for commercial use or non-commercial use (where non-commercial use is applicable).

Broadcast and Streaming via network, cable, satellite, pay-per-view, video on demand or streaming motion picture or audio visual works, including advertisements. No limit on the lifetime viewers for commercial use or non-commercial use.

Website Software Development, Mobile App Development, Desktop Application Development, and Video Game Development for commercial use or non-commercial use. Licensee may use the Licensed Asset in one title for commercial use or non-commercial use. The Licensed Asset may be used in a single website, application, video game (each additional website, application, or video game including (without limitation) successor products, requires a separate license) and the license is additionally subject to the limitation stated previously under the “Permitted Uses” section. These quantity restrictions are on a per purchase basis, so Licensee may purchase two licenses for the same Licensed Asset to increase the permitted quantity (subject to the terms of each applicable license).

Fonts

Desktop. Physical Products, Product Packaging, Digital or Print Publication for commercial use or non-commercial use. Licensee may create physical end products for commercial use or non-commercial use provided that one or more individual characters of the Licensed Asset is not used as a distinct item. Use of the Licensed Asset solely in a non-embedded, static, rasterized (bitmap) form is permitted with printable technologies to produce physical products only if the Licensed Asset is not installed on the printable technology device.

Webfont. Website for commercial use or non-commercial use. Licensee may use and embed the Licensed Asset in websites owned or controlled by Licensee allowing the Licensed Asset to be properly displayed in any web browser in a non-extractable manner.

E-Pub. Electronic Publication for commercial use or non-commercial use. Licensee may use and embed the Licensed Asset in electronic publications owned or controlled by Licensee allowing the Licensed Asset to be properly displayed in the electronic publications, provided that the Licensed Asset must be non-extractable by anyone other than the Licensee. This License permits use of the Licensed Asset in only the number of e-books or other e-publication titles selected at checkout, owned or controlled by Licensee (whether for commercial use or non-commercial use), however there is no quantity limit on the sales or distribution of those electronic publications. A “title” means one standalone e-publication; each book in a series and each issue of an e-publication (including but not limited to magazine publications) is a single (separate) title.

App. Mobile, Desktop, and Video Game Applications for commercial use or non-commercial use. Licensee may use and embed the Licensed Asset in mobile, desktop, and video game applications owned or controlled by Licensee allowing the Licensed Asset to be properly displayed in the mobile, desktop or video game application, provided that the Licensed Asset must be non-extractable by anyone other than the Licensee. This License permits use of the Licensed Asset in only a single mobile, desktop, or video game application title (whether for commercial use or non-commercial use), however there is no quantity limit for the sale or distribution of the single licensed application. A “title” is one (1) standalone application and excludes all other versions aside from a replacement version that contains only bug fixes. If another similar, subsequent application is created another font software for application use License would be required if the Licensed Asset is to be used in this subsequent application. Under this License the Licensee may use the Licensed Asset in one title that is available on multiple device platforms, provided the versions are the same in all respects other than for compatibility purposes with the respective platforms.

Prohibited Uses

On-Demand Applications for commercial use or non-commercial use. Licensed Asset may not be used as part of a trademark, service mark, design mark, trade-name or similar use unless the Licensed Asset is significantly altered and not the predominant element of the end use. Licensee may not claim the Licensed Asset (or modification thereof) as it owns copyrighted work (the original Licensed Asset must be disclaimed in any copyright registration).

Resale of sub-licensing of the Licensed Asset or any modification of it in source file form is strictly prohibited. Resale of sub-licensing of the Licensed Asset or any modification of it in a way that is directly competitive with the original Licensed Asset is strictly prohibited. Making public or sharing the Licensed Asset in any way that allows others to download, extract, or redistribute Licensed Asset as a standalone file (meaning just the content file itself, separate from the project or end use that is expressly permitted) is strictly prohibited.

Falsely representing authorship and/or ownership of the Licensed Asset is strictly prohibited.

Any other use that is not expressly permitted under “Permitted Uses” is strictly prohibited.

Sub-licensing to Third Parties is prohibited with limited exceptions for clients and service providers. Third Party Use requires a separate license. This License Agreement does not permit sub-licensing except for the limited rights to sub-license described below.

Licensee may sub-license Licensee’s rights to third parties in only three situations:

To manufacture, market, or distribute completed end uses that use the Licensed Asset (as expressly permitted herein) when done on behalf of Licensee, provided that the sub-license may only be granted on condition that the sub-licensee is prohibited from extracting, reproducing or using the Licensed Asset in any other way and Licensee shall at all times ensure compliance with the terms of this License Agreement by the sub-licensee and remain liable hereunder for any non-compliance.

To a service provider serving as Licensee’s subcontractor to provide services to Licensee provided that Licensee shall at all times ensure compliance with the terms of this License Agreement by the sub-licensee and remain liable hereunder for any non-compliance and Licensee has purchased a sufficient number of seats for the Licensed Asset Licensee.

To a client of Licensee where Licensee transfers to that client a completed end use. In this instance, the sub-license may only be granted on condition that the sub-licensee is prohibited from extracting, reproducing or using the Licensed Asset in any way other than is necessary in order to exploit the end use that Licensee provides to the client. Licensee shall at all times ensure compliance with the terms of this License Agreement by the sub-licensee and remain liable hereunder for any non-compliance.

Fonts

Desktop. All embedding in End Products. On-Demand Applications. Any use that allows anyone other than the Licensee, such as an end user, to customize a digital or physical end product using the Licensed Asset is prohibited, whether for commercial use or non-commercial use.

Webfont. Non-website use is prohibited for commercial and non-commercial use. This License Agreement is limited to use of the web-font Licensed Asset for display on websites owned or controlled by Licensee. On-Demand Applications. Any use that allows anyone other than the Licensee, such as an end user to customize a digital or physical end product is prohibited, whether for commercial use or non-commercial use. Licensed Asset may not be used as part of a trademark, service mark, design mark, trade-name or similar use unless the Licensed Asset is significantly altered and not the predominant element of the end use. In no event does this License Agreement allow to – and Licensee shall not seek – to register, protect, or enforce any trademark or similar rights in the Licensed Asset itself which must be disclaimed in any trademark registration. Licensee may not claim the Licensed Asset (or modification thereof) as it owns copyrighted work.

E-Pub. Non-Electronic Publishing use is prohibited for commercial and non-commercial use. This License Agreement is limited to use of the Licensed Asset for display on electronic publications owned or controlled by Licensee. Other uses, including but not limited to desktop use, websites, and applications are not covered. On-Demand Applications. Any use that allows anyone other than the Licensee, such as an end user to customize a digital or physical end product is prohibited, whether for commercial use or non-commercial use. Licensed Asset may not be used as part of a trademark, service mark, design mark, trade-name or similar use unless the Licensed Asset is significantly altered and not the predominant element of the end use. In no event does this License Agreement allow to – and Licensee shall not seek – to register, protect, or enforce any trademark or similar rights in the Licensed Asset itself which must be disclaimed in any trademark registration. Licensee may not claim the Licensed Asset (or modification thereof) as it owns copyrighted work.

App. Website Applications and Non-Application use is prohibited for commercial and non-commercial use. This License Agreement is limited to use of the Licensed Asset for use in mobile, desktop, or video game applications owned or controlled by Licensee. Other uses, including but not limited to desktop use, electronic publications, and websites (including web-applications) are not covered. On-Demand Applications. Any use that allows anyone other than the Licensee, such as an end user to customize a digital or physical end product is prohibited, whether for commercial use or non-commercial use. Licensed Asset may not be used as part of a trademark, service mark, design mark, trade-name or similar use unless the Licensed Asset is significantly altered and not the predominant element of the end use. In no event does this License Agreement allow to – and Licensee shall not seek – to register, protect, or enforce any trademark or similar rights in the Licensed Asset itself which must be disclaimed in any trademark registration. Licensee may not claim the Licensed Asset (or modification thereof) as it owns copyrighted work.

Important General Legal Provisions

Intellectual Property

All digital content available on marqueecreativelabs.com, including, without limitation, the Licensed Asset, is protected by United States and international copyright and other laws and treaties. As between you and Shop Owner, the Shop Owner retains ownership of the Licensed Asset, but grants to Licensee the limited, non-exclusive, non-transferrable, and non-sublicensable (except as expressly allowed above under the Client, service provider, and other third party use prohibited section. ), copyright to use the Licensed Asset as expressly set forth above on the terms herein. All other rights, as between Licensee, the Shop Owner, and Marquee are reserved by the Shop Owner and Marquee. Licensee may not assert any ownership in the Licensed Asset itself nor any right to revenue from a collecting society in respect of photocopying, digital copying or other secondary uses of the Licensed Asset. Any reference to the “purchase” or “sale” (or similar terms) of the Licensed Asset refers to the purchase of a limited license only and the purchase of the underlying copyright or work itself. As a licensee, Licensee’s ownership of the media and/or device on which the Licensed Asset is recorded, if any, is distinct from and does not grant any ownership right, title or interest in and to the design of the Licensed Asset itself. This Licensee Agreement does not grant Licensee any rights to trademark or any other intellectual property rights (aside from copyright) in the Licensed Asset.

Termination

Marquee reserves the right to terminate this License Agreement at any time if Licensee breaches any of the terms of this or any other agreement with Marquee, in which case Licensee must immediately: cease using the License Asset, and delete or destroy any copies. If Licensee uses the Licensed Asset on a social media platform or other third party website, Licensee agrees to remove any content from such platform or website.

Content Withdrawal

Marquee may discontinue licensing the Licensed Asset at any time in its sole discretion. Upon notice from Marquee, or upon Licensee’s knowledge, that a Licensed Asset may be subject to a claim of infringement of a third party’s right, Marquee may require Licensee to immediately, and at Licensee’s own expense: cease using the Licensed Asset, delete or destroy any copies; and ensure that Licensee’s clients, distributors and/or licensees do likewise. Marquee will provide you with replacement content free of charge, as its sole obligation, subject to the other terms of this License Agreement.

Indemnification

Licensee agrees to defend, indemnify and hold harmless Marquee, its affiliate, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgements, awards, losses, costs, expenses or fees arising out of or relating to Licensee’s or anyone acting on Licensee’s behalf, including, without limitation, service providers violation of this License Agreement, use of the Licensed Asset in violation of law, rules or regulations, or use of the Licensed Asset violation of third party rights where such violation is due to the modification of the Licensed Asset.

Entire Agreement

This License Agreement, together with the Marquee Terms of Use (“Terms of Use”) constitutes the sole and entire agreement between Licensee on the one hand and Marquee and the  Owner on the other hand with respect to the Licensed Asset and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Licensed Asset. This License Agreement supersedes any conflicting terms set forth in the Terms of Use with respect to the Licensed Asset.

Notices

All notices required to be sent to Marquee under this License Agreement should be sent via email to contact@marqueecreativelabs.com. All notices to Licensee will be sent via email to the address provided by Licensee during account creation or purchase.

Modifications

Marquee may modify this License Agreement by posting an updated version on the Marquee website. The then current version of the License Agreement posted at the time of purchase shall apply to purchases (even if the Licensed Asset is downloaded after the License Agreement is updated). Updated versions of the License Agreement shall not apply retroactively to prior purchases unless either Licensee is notified of its option to apply the updated terms to prior purchases and expressly agrees or such modification does not adversely affect any rights of Licensee and Marquee notifies Licensee of the changes and that they will apply retroactively via email address on file.