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Commercial Use License - Home Stitchery Decor Card Designs

Commercial Use License - Home Stitchery Decor Card Designs

SKU: hsd0991S

$49.99 CAD
$49.99 CAD
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Small Business

HOME STITCHERY DECOR 

COMMERCIAL USE LICENCE AGREEMENT

Finished Physical Greeting Cards Only

Copyright © Home Stitchery Decor. All Rights Reserved.

PLEASE READ THIS LICENCE CAREFULLY BEFORE USING ANY HOME STITCHERY DECOR DESIGN FOR COMMERCIAL PURPOSES.

By purchasing this Commercial Use Licence, downloading or accessing the associated digital design files, or using a Home Stitchery Decor design to create products for sale, you acknowledge that you have read, understood and agreed to all terms of this Commercial Use Licence Agreement.

This Commercial Use Licence is an add-on licence only.

PURCHASE OF THIS LICENCE DOES NOT INCLUDE ANY DIGITAL DESIGN FILES.

You must separately and lawfully purchase the applicable Home Stitchery Decor digital design or design collection before this licence becomes valid for that design.

1. LICENSOR

For the purposes of this Agreement:

Licensor: Home Stitchery Decor

Home Stitchery Decor retains all copyright, intellectual-property rights and ownership rights in the Licensed Designs and associated digital files.

2. LICENSEE

The “Licensee” is the individual or legal business entity identified as the purchaser of this Commercial Use Licence.

This licence applies to one individual or one business entity only.

A licence purchased by one individual, business, shop, corporation or other entity may not be transferred to or shared with another person or business.

3. LICENSED DESIGNS

“Licensed Designs” means only the Home Stitchery Decor digital card design or designs that:

  1. were lawfully purchased directly from Home Stitchery Decor or an authorized Home Stitchery Decor sales channel;

  2. are owned by the same individual or business that purchased this Commercial Use Licence; and

  3. are specifically associated with the product, collection or qualifying design purchase to which this Commercial Use Licence applies.

If you purchased an individual card design, this Commercial Use Licence applies only to that individual design.

If you purchased a Home Stitchery Decor card-design bundle or collection and purchased the corresponding Commercial Use Licence for that bundle or collection, the licence applies to the designs included in that purchased bundle or collection at the time of purchase.

This licence does not automatically apply to future Home Stitchery Decor designs, future collections, later releases or designs obtained from another person.

Separate purchases or additional licences may be required for additional designs.

4. OWNERSHIP OF THE DESIGNS

Purchase of this Commercial Use Licence grants you limited permission to use the Licensed Designs under the conditions stated in this Agreement.

It does not transfer copyright or ownership of the Licensed Designs to you.

Home Stitchery Decor retains all right, title and interest in:

  • the original artwork;

  • SVG files;

  • PNG files;

  • DXF files;

  • EPS files;

  • AI files;

  • derivative digital versions created from those files;

  • design elements;

  • artwork arrangement;

  • associated graphics; and

  • all other copyrightable elements of the Licensed Designs.

You are purchasing a licence to use the designs, not ownership of the designs.

5. COMMERCIAL LICENCE LEVELS

Your permitted production quantity depends on the Commercial Use Licence level purchased.

LEVEL 1 — SMALL BUSINESS COMMERCIAL LICENCE

Price: $49.99 CAD

Permits the Licensee to produce and commercially distribute up to:

500 finished physical greeting cards total

using the Licensed Designs.

LEVEL 2 — PROFESSIONAL COMMERCIAL LICENCE

Price: $124.99 CAD

Permits the Licensee to produce and commercially distribute up to:

2,500 finished physical greeting cards total

using the Licensed Designs.

LEVEL 3 — EXTENDED COMMERCIAL LICENCE

Price: $299.99 CAD

Permits the Licensee to produce and commercially distribute up to:

10,000 finished physical greeting cards total

using the Licensed Designs.

ENTERPRISE / MANUFACTURING LICENCE

Production exceeding 10,000 finished physical greeting cards requires a separate written Enterprise or Manufacturing Licence issued directly by Home Stitchery Decor.

Pricing and terms will be determined individually.

Purchase of multiple lower-level licences does not automatically create an Enterprise Licence.

6. HOW PRODUCTION LIMITS ARE CALCULATED

Production limits apply to the total combined number of finished physical cards produced using all designs covered by the applicable licence, not to each design separately.

For example:

If your licence covers 12 Christmas card designs and permits 500 finished cards, you may produce a total of 500 cards across those 12 designs.

You may choose how that quantity is divided.

For example:

  • 500 of one design;

  • 250 each of two designs;

  • approximately 42 each of 12 designs; or

  • any other combination;

provided that the total number of commercially produced cards does not exceed your licence limit.

Each finished physical card counts as one unit.

Cards produced for:

  • retail sale;

  • wholesale sale;

  • craft-market sale;

  • online sale;

  • business promotion;

  • commercial giveaways;

  • customer promotions; or

  • other business-related distribution

count toward the applicable production limit.

Reasonable test cuts, prototypes and samples retained by the Licensee and not sold or commercially distributed do not count toward the production limit.

7. PERMITTED COMMERCIAL USE

Subject to all other terms of this Agreement, the Licensee may use the Licensed Designs to create and sell finished physical greeting cards.

Permitted sales channels include:

  • the Licensee's own website;

  • Shopify;

  • Etsy;

  • other legitimate online marketplaces;

  • craft markets;

  • farmers markets;

  • artisan markets;

  • trade shows;

  • fairs;

  • in-person retail;

  • social-media sales;

  • wholesale sales to legitimate retailers; and

  • other lawful sales channels for finished physical cards.

Retailers purchasing completed cards from the Licensee may resell those physical cards to end customers.

The retailer receives no rights whatsoever to the underlying digital design files.

8. PHYSICAL PRODUCTS ONLY

This licence permits the commercial sale of finished physical greeting cards only.

It does not authorize the commercial sale or distribution of digital products.

The Licensed Design must be incorporated into a finished tangible greeting card before it may be sold under this licence.

9. DIGITAL RESALE IS STRICTLY PROHIBITED

Under no circumstances may the Licensee:

  • sell the original digital files;

  • resell the original digital files;

  • share the digital files;

  • give the digital files away;

  • trade the digital files;

  • sublicense the digital files;

  • redistribute the digital files;

  • transfer the digital files;

  • lend the digital files;

  • upload the digital files for others to access;

  • include the digital files with the sale of a finished card;

  • provide the digital files to customers;

  • provide download access to the digital files;

  • create a digital bundle containing the files; or

  • otherwise make the files available to any third party.

These restrictions apply to all supplied formats, including but not limited to:

SVG, PNG, DXF, EPS and AI.

10. CONVERTED OR MODIFIED DIGITAL FILES

You may not avoid the restrictions of this licence by converting, flattening, tracing, redrawing, modifying or exporting the Licensed Designs into another file format.

For example, you may not:

  • convert an SVG into a PNG and sell the PNG;

  • convert an AI file into an EPS and sell the EPS;

  • flatten the artwork into a JPG or PDF and sell it;

  • trace the artwork and sell the traced version;

  • change colours and sell the altered digital file;

  • change text and sell the altered digital file;

  • rearrange elements and sell the resulting digital design; or

  • create a substantially similar digital file based upon the Licensed Design for resale.

Modified versions remain subject to this Agreement.

11. REASONABLE MODIFICATIONS FOR PHYSICAL PRODUCTION

The Licensee may make reasonable adjustments to the Licensed Design when necessary to create a finished physical card.

Permitted adjustments may include:

  • resizing;

  • changing cardstock colours;

  • selecting different compatible materials;

  • adjusting cutting settings;

  • making minor positioning changes;

  • making assembly-related adjustments; and

  • making other reasonable modifications necessary to produce the physical greeting card.

These permissions do not create ownership rights in the modified design.

A modification does not transform the Licensed Design into a new design owned by the Licensee.

12. NO PRINT-ON-DEMAND USE

Print-on-demand use is not permitted under this Commercial Use Licence.

The Licensed Designs may not be uploaded to or supplied to a print-on-demand service or platform for automated production or fulfillment.

Examples include, but are not limited to, services that manufacture products after receiving customer orders.

A separate written licence from Home Stitchery Decor is required for any print-on-demand use.

13. NO THIRD-PARTY MANUFACTURING

This licence is intended for small and growing businesses producing their own finished cards.

The Licensee may not provide the digital files to:

  • factories;

  • commercial manufacturers;

  • mass-production facilities;

  • outside production companies;

  • independent contractors;

  • freelance designers;

  • virtual assistants;

  • third-party print shops; or

  • other third parties

for the purpose of reproducing or manufacturing the Licensed Designs.

Enterprise or third-party manufacturing arrangements require prior written permission from Home Stitchery Decor.

14. EMPLOYEES

Employees directly employed by the licensed business may assist with physical production where reasonably necessary, provided that:

  • the files remain under the control of the Licensee;

  • employees do not retain personal copies of the files;

  • employees do not use the files outside the licensed business;

  • employees do not share or redistribute the files; and

  • the Licensee accepts full responsibility for compliance by its employees.

The Licensee remains responsible for any misuse of the Licensed Designs by persons to whom the Licensee provides access.

15. NO SUBLICENSING

This licence may not be sublicensed.

You may not authorize another person or business to manufacture products under your licence.

You may not sell commercial rights to another person.

You may not include commercial rights to the Licensed Design with the sale of your business, equipment, inventory or customer list without prior written permission from Home Stitchery Decor.

16. NO TRANSFER

This licence is non-transferable.

It may not be:

  • sold;

  • gifted;

  • assigned;

  • inherited as a commercial-use right;

  • transferred to another shop;

  • transferred to a business partner;

  • transferred to a purchaser of your business; or

  • otherwise conveyed to another party

without prior written authorization from Home Stitchery Decor.

17. NO USE AS A TRADEMARK, LOGO OR BRAND IDENTITY

The Licensed Designs may not be used as or incorporated into:

  • a business logo;

  • trademark;

  • service mark;

  • business identity;

  • brand identity;

  • company name;

  • product-line identity; or

  • other source-identifying mark.

The Licensee may not apply to register any Licensed Design, or any confusingly similar version of a Licensed Design, as a trademark, copyright owned by the Licensee or other intellectual-property right.

18. NO CLAIM OF AUTHORSHIP OR OWNERSHIP

The Licensee may not claim that they created, illustrated or designed the original Licensed Design.

You may describe the finished card as handmade or assembled by your business if that statement is accurate.

You may not represent the underlying artwork or digital design as your own original artwork.

19. PRODUCT PHOTOGRAPHY

The Licensee may photograph finished physical cards that they personally produce using the Licensed Designs.

Those photographs may be used to market and sell the Licensee's finished physical cards.

The Licensee may not use Home Stitchery Decor's product photography, mockups, listing photographs, website images or marketing graphics unless Home Stitchery Decor expressly grants permission for that specific use.

Purchase of a Commercial Use Licence does not automatically grant rights to Home Stitchery Decor photographs or marketing assets.

20. CREDIT

Credit to Home Stitchery Decor is appreciated but is not required on each finished physical card unless otherwise expressly stated with a specific design.

However, absence of credit does not transfer ownership or authorship of the underlying Licensed Design.

21. WHOLESALE SALES

Wholesale of finished physical cards is permitted within the production limit of the purchased licence.

The Licensee may sell completed physical cards to:

  • gift stores;

  • boutiques;

  • retail shops;

  • hospital gift shops;

  • galleries;

  • market vendors; and

  • other legitimate retailers.

The Licensee may not provide the retailer with the digital design files.

The retailer may resell only the physical finished cards supplied by the Licensee.

22. PROHIBITED PRODUCTS

Unless Home Stitchery Decor provides separate written permission, the Licensed Designs may not be commercially used on products other than finished physical greeting cards.

This licence does not permit commercial production of:

  • T-shirts;

  • apparel;

  • mugs;

  • tumblers;

  • stickers;

  • decals;

  • signs;

  • wall art;

  • posters;

  • fabric;

  • wrapping paper;

  • gift bags;

  • gift tags;

  • ornaments;

  • notebooks;

  • stationery products other than the licensed finished greeting cards;

  • templates;

  • digital printables;

  • digital invitations; or

  • other physical or digital merchandise.

A separate licence may be required for other product categories.

23. NO DIGITAL TEMPLATES

The Licensed Designs may not be used in editable or customizable digital templates.

This includes templates offered through or created for:

  • Canva;

  • Adobe products;

  • Cricut Design Space;

  • Silhouette Studio;

  • online editors;

  • downloadable templates; or

  • other digital-design systems.

24. NO STOCK CONTENT OR DESIGN LIBRARIES

The Licensed Designs may not be uploaded, contributed, licensed or submitted to:

  • stock-image libraries;

  • stock-vector libraries;

  • clip-art libraries;

  • digital asset libraries;

  • design marketplaces;

  • subscription libraries;

  • AI-training datasets;

  • design-resource websites; or

  • free-download websites.

25. ARTIFICIAL INTELLIGENCE / MACHINE LEARNING

The Licensed Designs may not knowingly be:

  • uploaded for the purpose of training an artificial-intelligence system;

  • included in a machine-learning training dataset;

  • used to create or train a generative design model;

  • contributed to a dataset intended to reproduce the artistic characteristics of the Licensed Designs; or

  • otherwise used as training material for automated content-generation systems.

26. SOCIAL MEDIA AND MARKETING

The Licensee may display photographs of their own finished physical cards on:

  • social media;

  • websites;

  • online stores;

  • advertising;

  • email marketing; and

  • other legitimate promotional channels

for the purpose of selling the physical cards permitted by this licence.

The Licensee may not upload high-resolution digital source files or images that effectively allow another person to reconstruct, extract or download the original design.

27. COMMERCIAL GIVEAWAYS AND PROMOTIONAL ITEMS

Finished physical cards may be given away as part of a business promotion, contest, marketing campaign or customer incentive.

Any card distributed for a commercial or promotional purpose counts toward the applicable production limit.

Digital files may never be used as a giveaway.

28. PERSONAL GIFTS

Use of the Licensed Designs for genuine non-commercial personal gifts remains subject to the applicable Personal Use Licence and does not create additional commercial rights.

29. PRODUCTION RECORDS

The Licensee is responsible for monitoring the number of finished physical cards produced and commercially distributed.

Home Stitchery Decor may, where there is a reasonable basis to believe the applicable production limit has been exceeded, request reasonable information sufficient to confirm compliance with the purchased licence level.

The Licensee agrees to maintain reasonable business records regarding commercial production quantities.

30. EXCEEDING YOUR LICENCE LIMIT

The Licensee must purchase the appropriate higher licence level before exceeding the production limit of the current licence.

Production in excess of the purchased limit is unauthorized.

Purchasing a higher-tier licence does not erase or excuse unauthorized production that occurred before the required licence was obtained.

When upgrading, units previously produced under the lower-level licence count toward the production limit of the upgraded licence unless Home Stitchery Decor expressly agrees otherwise in writing.

Example:

If you produce 400 cards under a 500-unit Small Business Licence and upgrade to the 2,500-unit Professional Licence, the 400 previously produced cards count toward the 2,500-unit total.

31. LICENCE TERM

Unless terminated for breach, the Commercial Use Licence does not expire solely because a calendar year has ended.

The licence continues until:

  • the applicable production limit has been reached;

  • the licence is terminated under this Agreement; or

  • the parties agree otherwise in writing.

Once the applicable production limit is reached, additional commercial production requires an appropriate new or upgraded licence.

32. TERMINATION FOR BREACH

Home Stitchery Decor may terminate this Commercial Use Licence if the Licensee materially breaches its terms and, where the breach is reasonably capable of being corrected, fails to correct the breach after receiving written notice and a reasonable opportunity to do so.

Certain breaches may be incapable of meaningful correction, including unauthorized redistribution or resale of digital files.

Upon termination:

  • all commercial-use permission ends;

  • the Licensee must stop producing new products using the Licensed Designs;

  • the Licensee must stop distributing unauthorized products;

  • the Licensee must delete unauthorized shared or distributed copies where within the Licensee's control; and

  • termination does not eliminate any rights or remedies arising from conduct that occurred before termination.

33. DIGITAL FILE SECURITY

The Licensee is responsible for taking reasonable steps to protect the Licensed Design files from unauthorized access.

Files should not be stored in publicly accessible folders or shared links.

If cloud storage is used for personal business backup, access must be private and restricted to the Licensee and other persons expressly permitted under this Agreement.

34. LOSS, THEFT OR UNAUTHORIZED ACCESS

If the Licensee becomes aware that the Licensed Design files have been stolen, publicly shared, improperly accessed or distributed without authorization, the Licensee should take reasonable steps to remove access and notify Home Stitchery Decor where appropriate.

35. PURCHASE THROUGH THIRD PARTIES

A Commercial Use Licence is valid only where both the licence and the underlying Licensed Designs were lawfully obtained.

Possession of a Home Stitchery Decor file does not establish that the file was lawfully purchased.

Files obtained through piracy, sharing groups, unauthorized sellers, file-sharing services or other unauthorized sources are not licensed.

36. REFUNDS

Because Commercial Use Licences and associated digital products provide immediate access to intellectual-property rights and/or digital content, purchases are generally final once the licence or associated digital content has been delivered or accessed.

This provision does not limit any refund, cancellation or consumer right that cannot legally be excluded under applicable law.

37. NO GUARANTEE OF SALES OR PROFITS

Purchase of a Commercial Use Licence does not guarantee:

  • sales;

  • revenue;

  • profit;

  • marketplace acceptance;

  • customer demand;

  • compatibility with every machine or software program; or

  • suitability for a particular business purpose.

The Licensee is responsible for determining whether the Licensed Designs are appropriate for their intended business and equipment.

38. PRODUCT SAFETY AND BUSINESS COMPLIANCE

The Licensee is solely responsible for:

  • the materials used to create their finished products;

  • workmanship;

  • product quality;

  • product safety;

  • labelling;

  • packaging;

  • taxes;

  • business licences;

  • marketplace rules;

  • consumer-protection obligations;

  • advertising claims; and

  • compliance with laws applicable to the Licensee's business and sales territory.

Home Stitchery Decor is not the manufacturer or seller of the Licensee's finished physical cards.

39. THIRD-PARTY RIGHTS

This licence grants rights only to intellectual property owned or controlled by Home Stitchery Decor.

The Licensee remains responsible for ensuring that any additional fonts, photographs, graphics, phrases, trademarks, materials or other content that the Licensee independently adds to a finished product may lawfully be used.

40. INDEMNIFICATION

To the extent permitted by applicable law, the Licensee agrees to be responsible for claims, losses, liabilities or expenses arising from:

  • the Licensee's manufacture of finished products;

  • the Licensee's sale or distribution of finished products;

  • modifications made by the Licensee;

  • materials selected by the Licensee;

  • representations made by the Licensee to customers;

  • violation of third-party rights caused by content added by the Licensee; or

  • the Licensee's breach of this Agreement.

41. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Home Stitchery Decor will not be responsible for indirect, incidental, special or consequential losses resulting from the Licensee's commercial use of the Licensed Designs.

Nothing in this Agreement excludes liability or consumer rights that cannot legally be excluded.

42. COPYRIGHT ENFORCEMENT

Unauthorized copying, resale, redistribution or commercial use outside the scope of this licence may constitute both breach of this Agreement and copyright infringement.

Home Stitchery Decor reserves all rights and remedies available under applicable law.

Failure by Home Stitchery Decor to immediately enforce a provision does not constitute a waiver of that provision or of the right to enforce it later.

43. NO WAIVER

Any waiver of a term of this Agreement must be expressly provided by Home Stitchery Decor.

Failure to enforce a term on one occasion does not waive the right to enforce the same or another term on a later occasion.

44. SEVERABILITY

If any provision of this Agreement is determined to be invalid, illegal or unenforceable, that provision will be interpreted or limited to the minimum extent necessary where legally permissible, and the remaining provisions will continue in effect.

45. CHANGES TO THE LICENCE

The version of the Commercial Use Licence in effect when the licence was purchased governs that purchase unless:

  • the Licensee voluntarily agrees to updated terms;

  • an update expands the Licensee's rights without imposing additional obligations; or

  • applicable law requires otherwise.

Home Stitchery Decor may change the terms offered for future Commercial Use Licence purchases.

46. GOVERNING LAW

To the extent permitted by applicable law, this Agreement is governed by the laws of the Province of Alberta and the federal laws of Canada applicable in Alberta.

Subject to mandatory laws that may apply in another jurisdiction, disputes relating to this Agreement will be submitted to the courts having jurisdiction in Calgary, Alberta, Canada.

47. ENTIRE AGREEMENT

This Commercial Use Licence, together with the applicable product listing, order confirmation and any written terms expressly incorporated into the purchase, constitutes the agreement concerning commercial use of the Licensed Designs.

No verbal statement or informal communication changes these terms unless Home Stitchery Decor expressly agrees to the change in writing.

48. ELECTRONIC ACCEPTANCE

By purchasing this Commercial Use Licence and affirmatively accepting the applicable licence terms during the purchasing process, the Licensee confirms that they have read and agree to this Agreement.

The electronic order record, purchaser information, licence level, date of purchase and applicable design purchase may be retained as evidence of the licence transaction.

49. LICENCE INFORMATION

The commercial rights granted are determined by the Home Stitchery Decor order records associated with the purchase.

The following information should be retained by the Licensee:

Licensee Name / Business Name:
As shown on the licence purchase order.

Commercial Licence Level:
As shown on the licence purchase order.

Licensed Design or Collection:
As shown on the qualifying design purchase/order.

Licence Purchase Date:
As shown on the licence purchase order.

Order Number:
As shown on the Shopify order confirmation.

50. QUESTIONS AND ADDITIONAL LICENSING

For questions about licensing, additional product categories, manufacturing arrangements, print-on-demand rights or production above 10,000 units, contact:

Home Stitchery Decor
homestitcherydecor.com

IMPORTANT SUMMARY

Purchasing a Commercial Use Licence allows you to sell finished physical greeting cards made using the Home Stitchery Decor designs covered by your licence.

It does not allow you to sell or share the digital designs.

YOU MAY:

✓ Make finished physical greeting cards.

✓ Sell those finished cards online or in person.

✓ Wholesale finished physical cards to retailers.

✓ Photograph your own finished cards for marketing.

✓ Make reasonable production-related adjustments.

YOU MAY NOT:

✗ Resell digital files.

✗ Share digital files.

✗ Sell modified digital files.

✗ Create digital templates or printables.

✗ Use the files for print-on-demand.

✗ Send the files to outside manufacturers.

✗ Use the design on other product categories without permission.

✗ Sublicense or transfer your licence.

✗ Claim the design as your own.

✗ Exceed your purchased production limit.

When in doubt, contact Home Stitchery Decor before using the design in a way not expressly permitted by this licence.

Copyright © Home Stitchery Decor. All Rights Reserved.

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