License Terms

Last Updated: February 15, 2024

This License Agreement (the "Agreement") is a legal agreement between you (the "Licensee") and Design Warlord SARL (the "Licensor") for the use of Licensor’s “Digital Product”.

By purchasing and downloading the "Digital Product", "Licensee" agrees to be bound by the terms and conditions of this License Agreement. If "Licensee" does not agree to the terms of this License Agreement, "Licensee" must not purchase, download or use the "Digital Product".

1. Definitions

   The following terms shall have the following meanings for the purpose of this Agreement:

   • "Licensee":

     The individual or entity that is granted the right to use the "Digital Product" under this Agreement.

   • "Licensor":

     Design Warlord SARL, the creator and owner of the "Digital Product".

   • "Mockup":

     A .PSD (Adobe Photoshop® format) file created by Licensor which is a visual representation that simulates how an end product will look when produced. Distributed to the Licensee as a "Digital Product".

   • "Resulting Image":

     A flattened .JPG, .JPEG or .PNG image that's been exported or saved from the Licensor's Mockup.

   • "Template":

     an .AI (Adobe Illustrator® format) file created by Licensor that Licensee can use as a starting point for their own packaging design, but Licensee must modify the design to create their own unique packaging. Distributed to the Licensee as a "Digital Product".

   • "Digital Product":

     A purchasable and downloadable Mockup or Template on DesignWarlord.com, created by Licensor that is licensed to Licensee under this Agreement. It is distributed as a .ZIP archive which contains the actual Digital Product (Mockup or Template) as well as other accompanying files such as a .PDF HOW-TO-USE Guide.

   • "Agreement":

     These license terms and conditions.

   • "Intellectual Property":

     All patents, copyrights, trademarks, trade secrets, and other intellectual property rights recognized by applicable law.

2. Ownership

   The Licensor retains all rights, title, and interest in and to the Digital Product, including all Intellectual Property rights, and the Licensee agrees not to challenge or contest the Licensor's ownership or rights to the Digital Product.

3. Grant of License
   1. Licensor grants Licensee a limited, non-exclusive, non-transferable license to use the Digital Product for personal or commercial use, subject to the terms and conditions of this Agreement.
   2. Licensee may use the Digital Product for Personal Use or Commercial Use, but Licensee must comply with the restrictions according to the type of license set forth in Section 5 of this Agreement.
   3. This license is granted to Licensee only and shall not be assigned or sub-licensed to any third party.
4. Restrictions
   1. Licensee may not resell, redistribute, sublicense, or otherwise transfer the Digital Product or any rights granted under this Agreement to any third party without the prior written consent of Licensor.
   2. Licensee may not use the Digital Product in any way that infringes Licensor’s intellectual property rights, violates any applicable law or regulation, or is otherwise harmful or offensive.
   3. Licensee is strictly prohibited from using the Digital Product for any purpose related to multi-level Marketing (MLM), network marketing, pyramid schemes, or other similar business models. This includes but is not limited to using the Digital Product to promote, market, or sell products through a multi-level marketing or pyramid scheme, or to recruit new members for such a scheme. The Licensor reserves the right to terminate this Agreement immediately if Licensee is found to be in violation of this provision.
   4. Licensee is strictly prohibited from using Digital Product to create any non-fungible tokens (NFTs) or any other blockchain-related product or service. This includes but is not limited to using the Digital Product to create templates, mockups, or other products related to cryptocurrency, blockchain technology, or any other digital asset. The Licensor reserves the right to terminate this Agreement immediately if Licensee is found to be in violation of this provision.
   5. Licensee is strictly prohibited from using the Digital Product to sell or advertise any products that are deemed to be suspicious or fraudulent in nature. The Licensee also acknowledges and agrees that the Digital Product shall not be used to promote any products or services that make exaggerated, unfounded, or misleading medical or health claims, including claims of miracle cures. This includes any product or service that promises unrealistic health benefits or guarantees to cure diseases or illnesses. The Licensor reserves the right to terminate this Agreement immediately if Licensee is found to be in violation of this provision.
   6. The restrictions 4.3, 4.4 and 4.5 listed above are set forth to ensure that the Digital Product is not used in a way that could potentially damage the Licensor's brand or reputation. As the creator and owner of the Digital Product, the Licensor has a vested interest in ensuring that it is not associated with any activities or products that could be considered harmful, illegal, or offensive.
5. License Types

   The Digital Product comes in two categories: "Mockups" and "Templates", and is licensed in three different types of license: "Student", "Designer", and "Business". Each license type has different terms and restrictions, as set forth below:

   1. For Mockups:
      1. Student License:
         1. The Student License is intended for individual students that use the Digital Product for educational and academic purposes only.
         2. The Licensee may not use the Digital Product for any commercial purposes, and may not resell or distribute the Digital Product in its original or modified form. The Licensee may only use the Digital Product to create designs or artworks for academic or educational purposes, such as for a school project or personal portfolio.

      2. Designer License:
         1. The Designer License is intended for freelance designers, small design studios, and creative professionals that use the Digital Product to create designs for commercial purposes.
         2. The Licensee is permitted to use the Digital Product for commercial purposes, including creating designs or artwork for clients. However, the Licensee is not authorized to resell or distribute the Product, either in its original or modified form.
         3. When using the Digital Product to create a design or artwork for a client, the Resulting Image cannot be used to sell, advertise or promote physical end products. The Licensee must inform their client that they need to purchase a separate Business License if they wish to use the Resulting Image to sell, advertise or promote any physical end product.
         4. The Digital Product can only be used to represent a graphic mockup of a design/concept that is created by the licensee as part of a packaging/label design project, and cannot be used in a manner that suggests or implies that the Resulting Image is an actual physical product that is available for sale.

      3. Business License:
         1. The Business License is intended for companies and organizations of any size that use the Digital Product for selling, advertising, or promoting physical end products sold via any distribution channel, including but not limited to online marketplaces, brick-and-mortar retail stores, or other distribution channels.
         2. The licensee cannot resell or redistribute the Digital Product in its original form, but may use the Resulting Image exported from the Digital Product to sell, advertise or promote Licensee's physical end products.
         3. The Business License does not impose any restrictions or limitations on the volume of physical end products that Licensee may manufacture, distribute, sell or otherwise exploit in connection with the Digital Product.

   2. For Templates:
      1. Student License:
         1. The Student License is intended for individual students that use the Digital Product for educational and academic purposes only.
         2. The Licensee may not use the Digital Product for any commercial purposes, and may not resell or distribute the Digital Product in its original or modified form. The Licensee may only use the Digital Product to create designs or artworks for academic or educational purposes, such as for a school project or personal portfolio.

      2. Designer License:
         1. The Designer License is intended for freelance designers, small design studios, and creative professionals that use the Digital Product to create designs for commercial purposes.
         2. The Licensee is permitted to use the Digital Product for commercial purposes, including creating designs or artwork for clients. However, the Licensee is not authorized to resell or distribute the Digital Product, either in its original or modified form.
         3. The Licensee is permitted to use the Digital Product to create packaging designs to show to their clients, but cannot use the Digital Product to print, manufacture or sell a physical end product. The Licensee must inform their client that they need to purchase a separate Business License if they wish to use the Digital Product to print, manufacture or sell any physical end product.

      3. Business License:
         1. The Business License is intended for companies and organizations of any size that use the Digital Product to print, manufacture or sell physical end products sold via any distribution channel, including but not limited to online marketplaces, brick-and-mortar retail stores, or other distribution channels.
         2. The licensee cannot resell or redistribute the Digital Product in its original form, but may modify, adapt, and incorporate the Digital Product into Licensee's own work.
         3. The Business License does not impose any restrictions or limitations on the volume of physical end products that Licensee may print, manufacture, sell or otherwise exploit in connection with the Digital Product.

6. Warranty
   1. The Licensor warrants that the Digital Product will work perfectly with the software it was designed for under normal use. The Licensee is responsible for ensuring that they have the correct software version and specifications required to use the Digital Product.
   2. If any defects, inaccuracies, or errors are found in the Digital Product within a reasonable period of time after purchase and if they are caused by the Digital Product's compatibility with the specified software, Licensor will, at its sole discretion, either update the Digital Product to fix the issue or refund the purchase price to the Licensee.
   3. This warranty is exclusive and in lieu of all other warranties, whether express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose.

7. Limitation of Liability
   1. The Licensor shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising out of or in connection with the use or inability to use the Digital Product.
   2. The Licensor's liability under this agreement shall in no event exceed the amount paid by the Licensee for the Digital Product.
   3. The Licensee agrees to indemnify and hold harmless the Licensor from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorney's fees, arising out of or in connection with the Licensee's use of the Digital Product.
   4. This limitation of liability applies regardless of the form of action, whether in contract, tort, strict liability, or otherwise, and shall survive the expiration or termination of this agreement for any reason.

8. Termination
   1. This license agreement shall remain in effect until terminated by either party. The Licensee may terminate this agreement at any time by ceasing to use the Digital Product and destroying all copies of the Digital Product in the Licensee's possession.
   2. The Licensor may terminate this agreement immediately without notice if the Licensee breaches any term of this agreement. Upon termination, the Licensee must immediately cease all use of the Digital Product and destroy all copies of the Digital Product in the Licensee's possession.
   3. Upon termination, the Licensee shall no longer have any right to use the Digital Product and must immediately cease all use of the Digital Product and destroy all copies of the Digital Product in the Licensee's possession.

9. Entire Agreement
   1. This Agreement constitutes the entire agreement between the Licensee and the Licensor with respect to the use of the Digital Product and supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Digital Product or any other subject matter covered by this Agreement.
   2. This agreement shall be governed by and construed in accordance with the Copyright Law (2006) of Morocco, without giving effect to any principles of conflicts of law.
   3. The parties hereby agree that any dispute arising out of or related to this agreement shall be resolved through binding arbitration in accordance with the rules of International Chamber of Commerce (ICC) Morocco. The arbitration shall take place in Casablanca, Morocco and the arbitrator's award shall be final and binding. The parties hereby waive any right to a jury trial or to participate in a class action lawsuit.

10. Modifications
    1. Licensor reserves the right to modify, update, or change the terms of this license agreement at any time without prior notice to Licensee. In the event of a modification to this agreement, Licensor will make every effort to notify Licensee by email or by posting a notice on Licensor's website.
    2. By continuing to use Licensor's Digital Product after any modifications to this license agreement, Licensee agrees to be bound by the modified terms of this agreement.
    3. Licensor reserves the right to discontinue, modify, or update Licensor's Digital Product at any time without prior notice to Licensee. Licensor shall not be liable to Licensee or any third party for any modification, suspension, or discontinuance of Licensor's Digital Product.
    4. If Licensee does not agree to any modifications to this license agreement, Licensee may terminate this agreement by discontinuing use of Licensor's Digital Product. Continued use of Licensor's Digital Product after any such modifications shall be deemed Licensee's acceptance of the modified license agreement.