Last updated: May 08, 2022
Please read this User License Agreement carefully before downloading Products created by Sage and MI.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this End-User License Agreement:
- Agreement means this User License Agreement that forms the entire agreement between You and the Company regarding the use of Our products. This Agreement has been created with the help of the EULA Generator.
- Product(s) means any graphic or product or content created by the Company downloaded by You to a Device.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Sage and MI.
- Country refers to: Virginia, United States
- Device means any device that can access the Application such as a computer, a cell phone or a digital tablet.
- You means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.
- Licensed Work means the genuine end-product or end derivative work that has been created by or on behalf of You or Your client, using independent skill and effort and that incorporates the Content and other material, and which Content shall be inseparable (to the extent commercially and reasonably possible) from the Licensed Work to be standalone Content
- Reproduce(d) means any form of copying or publication of the whole or a part of any Content by whatever means (which includes distortion, alteration, cropping, editing, incorporation or manipulation of any part of the Content to create a finished derivative product (the Licensed Work).
- Standalone Content means the unaltered and unmodified Content in the original form downloaded from the Site, including the same Content at a different resolution.
Acknowledgment
By downloading and using any of Our Products, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not do not download or do not use Our Products.
You understand that Our Products are copyrighted and any unauthorized use by You may be an infringement of the copyright. We reserve the right to amend, change, alter, substitute or otherwise modify the terms and conditions of this Agreement at any time. Each Update will be dated and indicated on the Site, and such indication shall serve as effective notification to You. Continued download of Products from the Site; or registration of a User account will constitute your unconditional acceptance of the Update.
You have agreed to be bound by this License Agreement by downloading and using any of Our Products, You acknowledge that You have read, understood, and accepted the terms and conditions of this License Agreement.
License
Scope of License
The Company grants You a non-revocable, non-exclusive, non-transferable, limited license to download, and use the Products strictly in accordance with the terms of this Agreement.
The license that is granted to You by the Company is for personal and commercial purposes strictly in accordance with the terms of this Agreement.
No Warranties
The Product is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Product, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Product or Website will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, the Company does not make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Application, its servers, the Products, content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company shall be solely responsible for such warranty.
Licensee Representation
You represent and warrant that:
- You are at least 18 years of age and have the right to enter into this License.
- You will not use the Product in any way that is not permitted by this License.
- Your use of the Product will not violate any applicable law or regulation of any country, state or other governmental entity.
- Information You provide to Us is accurate and true, including, without limitation, all payment and billing information.
- Except as otherwise stated in this License, any account(s) opened or maintained by You on the Site will only be accessed and used by You for the purposes and on terms stipulated in this License.
Grant
Subject to the terms listed in this Agreement, We grant You a non-exclusive, royalty-free, worldwide, perpetual, non-transferable sub-license/license to use, Reproduce, modify, publish and display downloaded Products according to the terms and conditions of this Agreement.
If the Product is to be used by multiple users within your organization then You shall purchase the Product based on how many users shall be using it. For example, if there are five (5) designers within your organization who wish to use the Product then You will be required to purchase five (5) of those Products thus obtaining five (5) individual licenses for the use of the Product by your respective designers.
Product Usage
Permitted uses include the use, modification, and/or display of content (in each case, without any rights of resale) in relation to Our Products.
- Number of Projects/Products: Products can be used to create unlimited projects and/or products (both physical & digital) for personal and commercial use.
- Digital End Products: You are allowed to create digital end products that you sell. In all cases, the product that you create must have distinctive new features that will create an entirely new product that won’t compete with the original product. Combining multiple downloads into 1 product is not enough. E.g. If you download flowers to create a floral wedding template, you can sell that flattened template. If you download a flower and create a card with just that flower without making significant modifications to the original product, this is prohibited. You will need to ensure that the graphic has been combined with at least two other graphic/font elements to create a significantly new design.
- Print on Demand: Products can be used for Print on Demand (POD) if the products have been significantly altered. You will need to ensure that the graphic has been combined with at least two other graphic/font elements to create a significantly new design.
- Logos: Graphics can be used as part of a logo design but it must be significantly modified or used with other font(s) or design element(s) to create a distinctive new design that does not resemble the graphic used. The final logo must also be in an outlined/flattened file format so that the original graphic cannot be extracted or separated from your end design. All logos created cannot be trademarked or copyrighted as the ownership of the items belong solely to the original designer.
- This license is valid perpetually.
- This license is valid: in all countries not subject to a United States government embargo, or has been designated by the United States government as a “terrorist supporting” country, and you are not listed on any United States government list of prohibited or restricted or restricted parties.
- Attribution: No attribution is required but is appreciated greatly by Sage and MI.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application or 5 USD if You haven’t purchased anything through the Application.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
Severability and Waiver
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Product Claims
The Company does not make any warranties concerning the Website or Products.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Changes to this Agreement
The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.
By continuing to access or use the Website after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Website or Our Products.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Website and Products. Your use of the Website or Products may also be subject to other local, state, national, or international laws.
Entire Agreement
The Agreement constitutes the entire agreement between You and the Company regarding your use of the Website and Products and supersedes all prior and contemporaneous written or oral agreements between You and the Company.
You may be subject to additional terms and conditions that apply when You use or purchase other Company’s services, which the Company will provide to You at the time of such use or purchase.
Contact Us
If you have any questions about this Agreement, You can contact Us by any method listed on our Contact page.
