License

This license agreement (hereinafter: “License Agreement” or “Agreement”) governs the Licensee’s use of digital content (hereinafter: “Licensed Item” or “Goods”), for which the Licensee obtains a license by means of a purchase through Mockupix.com, managed by Adam Magdziński Mockupix Studio, entered to the Central Registration and Information on Economic Activity (CEIDG) maintained by the Minister of Economy, address: Krakowska 57, 78-200 Białogard, Taxpayer Identification Number (NIP): PL6722096171, National Official Register of Business Entities (REGON) number: 386128962.

(hereinafter referred to as “Mockupix” or “Licensor”). By purchasing, downloading or using the Goods, the Licensee acknowledges that they have read this License Agreement and accepts its provisions.

The Licensee represents and acknowledges that by completing the purchase and selecting “place order,” they have read the entire License Agreement and agrees with its provisions. This Agreement is concluded upon the Licensee’s acceptance of its provisions.

Mockupix offers three types of license agreements, and the one selected by the Licensee at the time of purchase applies to the Licensee’s use of the goods.

Mockupix offers the following types of license agreements:
– Freebie;
– Commercial;
– Extended Commercial.

I. Parties to the Agreement

1. This Agreement is entered into by and between:
   1. Adam Magdziński Mockupix Studio, entered to the Central Registration and Information on Economic Activity (CEIDG) maintained by the Minister of Economy, address: Krakowska 57, 78-200 Białogard, Taxpayer Identification Number (NIP): PL6722096171, National Official Register of Business Entities (REGON) number: 386128962. (hereinafter referred to as: “Mockupix” or “Licensor”)
   2. the Licensee – a natural person, legal person or entity without legal personality who acquires the goods during the purchase.
2. This Agreement relates to the granting of Licenses, which means that the specific rules in scope of number of project, end product for sale, project value in which Customer can use Good, differences between original good and final product, broadcasting, social media usage, and other special provisions are indicated in the table below:

II. General Rules

1. This Agreement sets forth the terms and conditions of the non-exclusive and limited license granted to the Licensee with respect to the goods made available by Mockupix on the Website and purchased by the Licensee. The goods shall be made available for download in the Customer’s account on the Website. A list of purchased goods with a link to download them shall be sent to the Licensee’s e-mail address.
2. The Licensor declares that it may grant the license to the extent necessary for the execution of this Agreement and that the use of the Good within the scope of the Agreement does not violate the copyright of the authors of the goods. A Good is protected by copyright and the provisions of other laws. The Licensee acquires only the right to use the Good to the extent specified in this Agreement and does not acquire rights by way of transfer of the author’s economic rights.
3. All graphics that make up the licensed item are the property of Mockupix or the creators who provided the said content. Any rights not expressly granted in this Agreement are reserved by Mockupix and the providers of the graphics.
4. The Licensee undertakes to use the Good in a manner that does not violate the law and good practices.
5. The goods may be used in any manner, but subject to the limitations provided for in this Agreement. Subject to these limitations and the other provisions of this Agreement, the rights granted to the Customer by Mockupix are:
   1. Perpetual, which means that there is no expiration or termination date for the rights granted to the Licensee to use the goods purchased during the term of the Agreement;
   2. Non-exclusive, which means that the Licensee does not have exclusive rights to use the goods. Mockupix may license the same graphics to others;
   3. Worldwide, which means that the goods may be used anywhere in the world;
   4. Limited in quantity, which means that the Licensee may use the goods in a limited number of projects and on specific media.

III. General Rules for the Use of the goods

1. The Licensee shall be entitled to send the goods only to:
   1. the server owned and administered by them;
      1. their cloud storage space, cloud application, or digital asset manager account which is controlled by the Licensee,
      2. in each case solely for the purpose of the Licensee’s use of the goods in accordance with the provisions of the License Agreement.
   2. This Agreement allows only standard commercial or non-commercial use of the goods. Extended commercial use is prohibited. If the Licensee intends to engage in an extended commercial use of the goods, the Licensee is required to purchase an Extended Commercial License.

IV. General permitted Use and Limitations

1. The Licensee may use the Goods only as expressly in scope of specific License. Description of those are indicated in Table in section I.
2. An End Use of the goods means use of the goods only as expressly permitted.
3. Any End Use for Commercial use must:

1. 1. be significantly different than the original the Good,
   2. require time, effort, and skill to produce,
   3. not derive its primary value from the Good itself.
   4. End products
      1. Physical products: The Licensee may create physical end products, such as but not restricted to apparel, invitations, cards, promotional gadgets (stickers, mugs, posters), etc.
      2. Product packaging: The Licensee may create physical or digital packaging for products used for wholesale, such as but not restricted to boxes, labels, containers, stickers.
      3. Digital products: The Licensee may create digital end products for sale, such as static electronic presentations, static graphical interfaces, static designs and static website elements.
      4. Digital or printed publication: The Licensee may use the goods for the purpose of creating digital or printed publications such as e-books, e-publications, cards, invitations, photo albums.

V. Prohibited Use

1. The rules for the use of Goods indicated in this section may be available only in the extended version of the commercial license. Please see the Table in section I.
   1. End products
   2. Any use that allows anyone other than the Licensee, such as an end Customer, to customise a digital or physical end product is prohibited. This includes, but is not limited to, print-on-demand, on-demand or download-on-demand applications.
   3. Advertisements
   4. Physical (printed) advertising for commercial use in national or global markets is prohibited.
   5. Trademarks and copyright
   6. The Good may not be used as part of a trademark, service mark, design mark, trade name or in other similar fashion unless:
      1. the Good will be significantly altered; and
      2. it will not be a dominant component of the end use.
2. The Licensee may not use the goods (in whole or in part) as a characteristic or distinctive feature of a trademark, design mark, trade name, company name, service mark or logo. In addition, the Licensee may not register (in any jurisdiction) the Good (in whole or in part) as a trademark, or rely on such registration, prior use and/or good faith acquisition to prevent any third party from using the provided goods or any similar content (including by Mockupix, Mockupix’s customers or the holder of copyright to such content).
3. The Licensee may not treat the goods (or modifications thereof) as their own copyrighted Good (original goods must be excluded in any copyright registration).
4. The License is limited to the expressly permitted uses set forth in this License Agreement. Future technologies, fields of exploitation, and applications are expressly reserved and are outside the scope of this Agreement.

VI. Prohibited Use of goods

1. Under this Agreement, the Licensee may not:
   1. resell or sublicense the goods or any modification thereof in the form of source files;
   2. resell or sublicense the goods or modifications thereof in a manner that is in direct competition with the original goods (e.g., as stock or templates);
   3. publicise or make the goods available in any manner that allows others to download or redistribute the goods as stand-alone files;
   4. use the goods in pornographic, immoral, infringing, illegal, harassing, offensive or defamatory materials, including unlawful materials, which violate applicable laws or industry codes, that:
      1. may pose a risk of harm, loss, physical or mental injury, emotional upset, death, disability, disfigurement or physical or mental illness to the Customer, other person, or animal;
      2. may pose a risk of any other loss or damage of or to any person or property;
      3. aim to harm or abuse children by exposing them to inappropriate content;
      4. may constitute or contribute to the commission of a crime or tort;
      5. contain any information or content that is considered unlawful, harmful, offensive, racially or ethnically insulting, defamatory, infringing, invasive of privacy or publicity rights, harassing, demeaning to others (publicly or otherwise), libellous, threatening, profane or otherwise inappropriate;
      6. contain any information or content that is unlawful (including, without limitation, disclosure of confidential information under laws governing securities, or trade secrets of another party);
      7. contain any information or content that the Customer may not share under the law or under contractual or fiduciary relationships;
      8. contain any information or content that is known not to be correct and up-to-date;
      9. promote racism, hatred or physical harm of any kind against any group or person.
   5. Any other use of the goods that is not expressly permitted in this License is prohibited.
   6. The Licensee may not use the goods in content for commercial, promotional, or advertising purposes, or in sponsored articles, to promote gambling, betting or gaming, or for commercial purposes.
   7. The Licensee may not use the goods in a way that would allow others to download, extract or redistribute the content as a stand-alone file.
   8. The Licensee may not misrepresent that they are the original creator of a Good consisting substantially of the Licensed goods (e.g., the Licensee may not create an image based solely on the Licensed goods and claim to be the author thereof, and may not misrepresent the authorship and/or ownership of the goods).

VII. Sublicense

1. Third-party use of the goods requires a separate license.
2. The rights granted to Licensee are non-transferable and non-sublicensable, which means that the Licensee may not transfer these rights to another person or grant sublicenses to any other person, except for the limited rights to grant sublicenses described in paragraph 3 below.
3. The Licensee may sublicense the goods to third parties only in the following situations:
   1. if the goods are sublicensed for the purpose of manufacturing, marketing, or distributing finished end products that utilise the goods (as expressly permitted herein), and if this is done on behalf of Licensee, provided that a sublicense may be granted only on the condition that the sublicensee does not obtain, reproduce, or otherwise use the goods, and that the Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and shall remain liable under this Agreement for any breach of its terms by the sublicensee (e.g., the Licensee may use contractors to manufacture or distribute physical products for resale or product packaging. The Licensee may also use third parties, such as hosting providers – to host the created website – or website publishers – to display completed digital advertisements);
   2. if the goods are sublicensed to a contractor acting as a subcontractor of the Licensee who provides services to the Licensee, provided that:
      1. the Licensee shall at all times ensure compliance with its terms and conditions by the sublicensee and shall remain fully liable for any failure on the part of the contractor to comply with such terms and conditions, and that
      2. the Licensee has purchased a sufficient number of sites for the Goods (e.g., each individual requiring a license);
      3. the subcontractor may not use the goods for any other purpose;
      4. if the goods are sublicensed to the customer of the Licensee to whom the Licensee transfers the finished end use (such as a completed website, advertisement, product or product packaging).

In such case, the sublicense may be granted only on the condition that the sublicensee shall not download, reproduce or use the goods in any other way than that which is necessary for the end use of the product provided by the Licensee to the customer. The Licensee shall at all times ensure compliance with the terms of this Agreement by the sublicensee and shall remain fully liable for failure to comply with its terms.

VIII. Copyright

1. All digital content available on the Website, including but not limited to Licensed goods, is protected by Polish and international copyright laws and other laws and agreements. As between the Licensee and Mockupix, Mockupix retains ownership of the goods but grants the Licensee limited, non-exclusive, non-transferable and non-sublicensable (except as expressly permitted in Section VIII) rights to use the goods as expressly set forth above, subject to the terms and conditions set forth in this Agreement.
2. The Licensee may not claim any ownership rights to the goods or any rights to revenue from collecting societies for photocopying, digital copying or other secondary use of the goods. Any reference to the “purchase” or “sale” (or similar expressions) of goods shall refer only to the purchase of a limited license and not to the purchase of the copyright or the Good itself. The Licensee’s ownership of the medium and/or device on which the goods in question are recorded, if any, is separate from the ownership, title or interest of, to or in the Good itself, and the Agreement does not grant the Licensee this right. This Agreement does not grant the Licensee any trademark rights or any other intellectual property rights (other than the license expressly stated in the text of the Agreement) to the goods.

IX. Other Provisions of the Agreement

1. Termination of the Agreement
   1. Mockupix may terminate this Agreement at any time if the Licensee violates any term of this Agreement. In this case, the Licensee must immediately:
      1. cease and desist using the goods;
      2. remove or destroy any copies;
      3. at Mockupix’s request, confirm in writing that they have complied with the above requirements.
2. Mockupix may also terminate the Agreement due to the misuse of the goods on social media if the Licensee uses the goods on social media or any other third-party website, and such service or website uses (or announces that it plans to use) the goods for its own purposes or in a manner inconsistent with this Agreement. In this case, the Agreement shall be immediately terminated.
3. Withdrawal of goods
   1. At any time, Mockupix may discontinue licensing the Licensed goods at its sole discretion.
   2. Upon receiving a notice from Mockupix or becoming aware that any Licensed goods may be subject to a third-party infringement claim for which Mockupix may be liable, the Licensee may be required by Mockupix to immediately and at its own expense:
      1. cease and desist using the said goods;
      2. remove or destroy any copies thereof and guarantee that their customers, distributors or employers would do the same.

X. Limitations of Liability and Damages

1. Warranty disclaimer
   1. The Licensee uses the Licensed goods at their own risk. Unless otherwise agreed by the Parties in a separate written agreement, the Licensor shall make the Good available in the form in which the Licensee has become acquainted with it (the Licensed Good shall be delivered “as is” and “as available”) and shall not make any additional warranties or guarantees, express or implied, including but not limited to title or use. Mockupix hereby disclaims any warranties, express or implied, statutory, including commercial, non-infringement and fitness for a particular purpose. Mockupix does not guarantee that the goods will meet the Licensee’s requirements or that the use of the goods will be uninterrupted or error-free. In no event shall Mockupix be liable in contract or tort towards the Licensee, except for liability under applicable law, for any special, incidental or consequential damage arising out of the application of this license or use of the Good. The foregoing shall not affect warranties that cannot be excluded or limited under generally applicable laws.
   2. Limitation of liability
      1. Mockupix, its agents, employees, officers, shareholders, directors or suppliers shall not be liable towards the Licensee or any other entity for any ordinary, punitive, special, indirect, consequential or incidental damages, or for the loss of profit or other damages, costs or losses resulting from the Licensee’s use of the visual content, Mockupix’s breach of this Agreement or otherwise, except as expressly provided herein, even if Mockupix has been advised that such damages, costs or losses may arise.
      2. The Licensor shall not be liable for third-party claims arising in connection with the use of the goods not related to copyright.
      3. In no event shall Mockupix, its service providers, or employees be liable for damage of any kind, regardless of legal basis, arising out of or in connection with this Agreement, including, without limitation, because of the use or inability to use the Licensed goods, including any indirect, special, incidental, consequential damage, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profit, loss of business activity or anticipated savings, loss of use, loss of data. In no event shall the amount which Mockupix is liable to pay for damage of any kind, pursuant to any legal basis, arising out of or in connection with this Agreement, including, without limitation, because of the use or inability to use the goods, exceed the fees that the Licensee has paid for the Licensed goods. The above shall not affect the liability which may not be excluded or limited in accordance with generally applicable provisions of law.
   3. Exemption of liability
      1. The Licensee agrees to defend, indemnify, and hold Mockupix and its agents and employees harmless from and against any and all damage, liabilities and expenses (including all reasonable legal fees with attorneys’ remuneration included) arising directly or indirectly from:
         1. a breach or alleged breach of this Agreement by the Licensee (or anyone acting on the Licensee’s behalf); or
         2. the use of the goods in violation of laws, rules or regulations; or
         3. the use of the goods in violation of third-party rights, if such violations result from modifications of the goods.

XI. Applicable Law and Dispute Resolution

1. All matters relating to the goods and the Agreement and any disputes or claims arising out of or in connection therewith (in each case, including, without limitation, non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Poland, without prejudice to any rules or principles governing choice or conflict of law, except to the extent prohibited by law. Any suit, action or legal proceedings arising out of or relating to the goods or this Agreement shall be instituted exclusively in the courts of Poland, with Mockupix reserving the right to bring a suit or action or institute proceedings against the Licensee for a breach of this Agreement in the Licensee’s country of residence or any other relevant country. The Licensee waives any objection to the exercise of jurisdiction over it by such courts and to the territorial competence of such courts to the maximum extent permitted by law.

XII. Final Provisions

1. In matters not regulated by this Agreement, the provisions of the Polish Civil Code and the Law on Copyright and Related Rights shall apply.
2. This Agreement binds the Licensee personally, and all rights and obligations hereunder shall not be transferable by the Licensee without Mockupix’s prior written consent. Mockupix may assign all of its rights and obligations under this Agreement without notice or consent to any affiliated entity that is a legal person or to a successor, provided that such entity agrees to comply with its terms.
3. The Licensee agrees to preserve the copyright symbol (copyright designation), the name of Mockupix, the content identification number, and any other information embedded in the electronic file indicating the origin of the content, and to maintain an appropriate level of security to protect the content from unauthorised use by third parties. The Licensee may create one (1) backup copy of the content.
4. If one or more provisions contained in this Agreement are found to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent that makes them enforceable.
5. No act by either party, other than an express waiver of their rights served in writing, shall be deemed a waiver of rights to enforce any provision formulated in this Agreement.
6. Any notices sent to Mockupix under this Agreement shall be sent electronically to mockupix@gmail.com any notices to the Licensee shall be sent electronically to the e-mail address specified in the Licensee’s account.
7. This Agreement, together with the Terms of Use, constitutes a single and complete agreement between the Licensor and the Licensee with respect to the goods and supersedes all prior arrangements, agreements, representations and warranties, both written and oral, with respect to the goods. In case of a conflict between the Terms of Use and this Agreement, the provisions of the Agreement shall prevail.
8. Mockupix may amend the Agreement by posting an updated version on the Website. Purchases shall be subject to the version of the Agreement that is currently applicable and posted on the Website at the time of the Licensee’s purchase (even if the Licensed goods are downloaded after the Agreement has been updated). Updated versions of the Agreement shall not apply to purchases made prior to their posting on the Website, unless:
   1. the Licensee shall be notified of the possibility of applying the updated terms and conditions to previous purchases and expressly agrees to do so, or
   2. such change shall not violate any of the Licensee’s rights, and Mockupix shall notify the Licensee of the changes and of the fact that they will apply retroactively.
9. The Agreement is effective indefinitely from 14.02.2025.