Teachers Pay Teachers License Agreement
End-user License Agreement
This is a legal agreement between You or the Organization on whose behalf you are undertaking the License described below (“Licensee”) and Doodle Licensing, Inc. (“Licensor”). Licensor is the sole licensing agency for Laura Kelly, Laura Kelly Designs, and LK Classroom. This agreement applies to licenses issued via the world wide web and is applicable to online, digital and analog (physical) delivery of Licensed Material.
- “Licensed Material” means any digital files purchased. Any reference in this Agreement to the Licensed Material shall be to each individual item within the Licensed Material and also to the Licensed Material taken as a whole.
Grant of Rights
- The Licensed Material is not being sold; it is being provided to the Licensee under the terms of this agreement, which allows for use of Licensed Material but does not transfer ownership. Ownership remains with Doodle Licensing, Inc.;
- Licensee has the non-exclusive, non-transferable, non-sub-licensable right to use the Licensed Material for personal purposes only.
- Licensee’s rights to the Licensed Material are worldwide;
- In addition to personal use, licensee may use the art to create items for TpT/Educational Purposes following these guidelines:
The clip art may be used in EDUCATIONAL commercial products. All images must be secured in a pdf file if you’re using the images in products you sell (distribute). You may NOT resell the images as digital art in any way.
Smart Board and PowerPoint uses are fine in commercial products as long as the image is flattened as part of a background and not loose in the file.
Personal classroom use: The images may be used in lessons, activities, SMART board or PowerPoint lessons/activities that are not distributed or sold.
Commercial credit is required: A link to Laura Kelly Classroom is required in both commercial products and freebies. You can link back with either a text link or a logo that’s included in the zip file.
Internet/Web Site/Blog Usage and Design: Images may not be displayed in blog posts, on websites, or anywhere on the Internet in their original form.
- Unauthorized use will results in immediate termination of this license including but not limited to legal action.
- Licensee may not rent, sub-license, sell, assign, convey or transfer Licensed Material, this Agreement or any of its rights under this Agreement. Licensee may not include the Licensed Material in an electronic template intended to be Reproduced by third parties on electronic or printed products;
- Licensee may not sell, license or distribute any derivative work based on the Licensed Material without written consent.
- Licensee may not post the Licensed Material online in a downloadable format or enable it to be distributed without following proper guidelines.
- Licensee may not use Licensed Material on physical items for resale;
- Licensee may not use the Licensed Material for unlawful purposes.
- No ownership or copyright in any Licensed Material shall pass to Licensee by the issuance of the license contained in this Agreement.
- Copyright or other ownership marks embedded in any Licensed Materials may not be removed from the Licensed Materials.
Termination & Revocation
- The license contained in this Agreement will terminate automatically without notice from Doodle Licensing, Inc. if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must immediately (i) stop using the Licensed Material; (ii) destroy the Licensed Material; and (iii) delete or remove the Licensed Material from Licensee’s premises, computer systems and storage (electronic or physical) and promptly confirm same to Doodle Licensing, Inc. in writing;
- Doodle Licensing, Inc. reserves the right to revoke the license to use the Licensed Material for good cause and elect to replace such Licensed Material with alternative Licensed Material. Upon notice of any revocation of such license, Licensee shall immediately cease using such Licensed Material. Licensee shall delete all electronic copies of Licensed Material from its electronic storage media, confirming the same to Doodle Licensing, Inc. in writing.
Warranty and Limitation of Liability
- The Licensed Material provided under the terms of this License are owned by Doodle Licensing, Inc.. Licensee is urged to fully test the Licensed Material prior to use and bring any difficulties encountered to the attention of Doodle Licensing, Inc..
- Doodle Licensing, Inc. disclaims all liability for incidental, consequential, and special damages arising out of any defects in materials and workmanship including warranties of fitness for use.
- Licensee shall defend, indemnify and hold Doodle Licensing, Inc. and its respective officers, directors and employees harmless from all damages, liabilities and expenses (including reasonable attorneys’ fees and permitted and authorized costs), arising out of or as a result of claims by third parties relating to Licensee’s use of any Licensed Material outside the scope of this Agreement and any other breach by Licensee of this Agreement.
- These terms and conditions are all the terms and conditions that apply to this License. No other terms or prior understandings shall be used to alter the plain meaning of these terms or to expand the License unless subsequently agreed to in writing by the parties in amending this License.
Governing Law and Jurisdiction
- This License shall be governed by and construed in accordance with the laws of the State of Colorado, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Denver, Colorado.
Last updated: February 8, 2017