End User License Agreement — Commercial

This License Agreement (the "Agreement") is a legal agreement between 6TM® STUDIO (Registration number: 984335505), operating under the name 6TM® MAGAZINE, located at 73 Rue Suffren, 97410 Saint-Pierre, La Réunion, France (the "Licensor", "we" or "us") and you (the "Licensee"), each individually referred to as a "Party" and collectively as the "Parties", in relation to:

6TM® MAGAZINE graphics, mockups, and other digital design assets licensed under the Commercial license (the "Products").

By accepting this Agreement or opening the file containing the Products, you agree to these terms. If you do not wish to accept this Agreement, do not purchase, download or install the Products.

1. Definitions

• "Agent(s)" refers to the partners, directors, shareholders, affiliates, officers, agents, contractors, subcontractors, and/or employees of an Entity.
• "Authorized User" or "Seat" means an individual permitted to use the Product under this license. The maximum number of Authorized Users under this license is 12.
• "End Product" means any work you create using the Product that is not the Product itself. This includes, but is not limited to, physical media (CDs, DVDs, printed books, book covers, commercial films, movies, theatrical presentations), editorial media (printed magazines, newspapers, newsletters), as well as prints, posters, calendars, stationery, clothing, website templates, application templates, business cards, brochures, and greeting cards.
• "Entity" refers to any organization holding separate and distinct legal rights, such as a partnership or corporation.
  
• "Generative Artificial Intelligence (AI)" refers to AI models capable of generating new content, including but not limited to code, text, images, audio, and video.
  
• "Materials" means designs, images, presentations, showcases, portfolios, and other works created using the Product.
• "Paid Advertisement" means any paid promotional placement, including but not limited to social media advertisements, TV commercials, web banners, and digital billboards.
  
• "Product" means the mockup, graphic, or other digital design asset licensed to you under this Agreement, including any associated files, scenes, templates, and materials made available for download.
• "Project(s)" means works and projects you create using the Product.

2. Unlimited Duration of Use

This license has no expiration date. You may use the Product worldwide without any additional licensing fees beyond the initial purchase price, subject to the seat, End Product sales, and other limits set out in this Agreement.

3. Authority

For Individuals:

• If you are an individual, by accepting this Agreement, you confirm that you are of legal age to enter into a binding contract.

For Entities:

• the rights granted under this Agreement apply to that Entity;
• you confirm that the person accepting this Agreement is an authorized representative with the legal authority to bind the Entity; and
• if any of your Agents have access to the Product, you are responsible for ensuring they comply with this Agreement and will be held liable for any breach on their part.

4. Intellectual Property Rights

You acknowledge that all intellectual property rights in the Product belong to the creators and vendors who publish them on our marketplace. The Product is licensed to you, not sold. You have no intellectual property rights in the Product beyond the right to use it as set out in this Agreement.

5. Grant and Scope of License

Subject to the restrictions set out in this Agreement, you may use the Product in works and projects you create ("Projects").

Authorized Users are defined as follows:

• If you are acting as an individual, you may share the Product with up to 12 Authorized Users in total, including yourself, solely for the purpose of collaborating on your Project. Anyone you share the Product with may only use it within your Project and must restrict access accordingly.
• If you are purchasing on behalf of an Entity, you may share the Product with up to 12 Agents.

Any other party wishing to use the Product must purchase their own license.

In exchange for your agreement to comply with this Agreement, we grant you a non-exclusive, worldwide, non-transferable, non-sublicensable license to use the Product as described herein.

You are permitted to:

1. download, store, and use the Product on computers and other devices used by Authorized Users;
2. use the Product in personal and commercial Projects, including printed and digital designs, visual images, presentations, showcases, and portfolios;
3. modify the Product as part of creating your Projects;
4. create, copy, edit, view, print, and distribute Materials and End Products made with the Product;
5. use the Product in an unlimited number of personal or client Projects;
6. use the Product in Paid Advertisements;
7. sell End Products up to 100,000 instances;
8. make backup copies for internal use only.

All rights not expressly granted to you are reserved.

If the number of Authorized Users exceeds 12 seats, or if sales of End Products exceed 100,000 instances, you must purchase a Commercial+ license before continuing that use.

This license applies exclusively to Authorized Users. The Product may not be shared with anyone outside that group.

If you develop Projects incorporating the Product, you may only distribute those Projects as expressly permitted in this Agreement.

6. Restrictions

Except as expressly permitted by this Agreement or applicable law, you agree not to, and not to attempt to:

• sell, distribute, rent, lease, transfer, or otherwise make the Product available to others on a standalone basis — any Project incorporating the Product must add meaningful value beyond the Product itself, with the Product serving as a component rather than the primary focus;
• share the original Product files with any third party outside the Authorized Users;
• make the Product available as a standalone downloadable asset;
  
• embed or use the Product as a visual material or asset in desktop applications, mobile applications, or games;
• use the Product to create a competing product, template, scene, or asset intended for resale or redistribution as a standalone digital product;
• use the Product in violation of any applicable law;
• use the Product in a manner that infringes any third-party rights;
• remove, disable, circumvent, or alter any proprietary notice or label included with the Product;
• claim ownership of the original Product or its intellectual property; or
• use the Product in datasets for Generative AI programs, in the development of Generative AI programs, or as inputs to Generative AI programs.

7. Updates and Support

We are not obligated to provide updates or technical support. In exceptional cases, we may choose to do so at our sole discretion. For any support inquiries, please contact us at support@6tm-magazine.com.

We may provide updates at our sole discretion and are under no obligation to release new versions of the Product or to continue making any version available for download.

8. Interruptions and Errors

Your use of the Product may be subject to interruptions and may not be error-free.

9. Limitation of Liability

To the fullest extent permitted by law, we shall not be liable to you — whether in contract, tort (including negligence), breach of statutory duty, or otherwise — for any of the following:

• loss of profits, revenue, sales, or business;
• business interruption;
• loss of anticipated savings;
• wasted expenditure;
• loss or corruption of data or information;
• loss of business opportunity, goodwill, or reputation;
• any indirect or consequential losses, damages, or expenses.
  

This Agreement sets out the full extent of our obligations regarding the supply of the Product. Any implied conditions, warranties, or representations not expressly stated herein are excluded to the fullest extent permitted by law.

Under no circumstances shall we, our licensors, service providers, employees, agents, officers, or directors be liable for any direct, indirect, special, incidental, consequential, or punitive damages arising from your use of, or inability to use, the Product — including but not limited to loss of revenue, data, reputation, or goodwill — regardless of the legal basis for the claim and even if such damages were foreseeable.

Nothing in this Agreement excludes or limits any liability that cannot be excluded or limited under applicable law.

10. Limited Warranty

You use the Product at your own risk. The Product is provided "as is" and "as available", without any express or implied warranties, including warranties of completeness, security, reliability, quality, accuracy, or availability.

Nothing in this clause affects any statutory rights that cannot be excluded or limited under applicable law.

11. Indemnity

You agree to indemnify, defend, and hold harmless 6TM® STUDIO, its officers, employees, representatives, and agents against any and all claims, actions, proceedings, damages, liabilities, costs, and expenses (including legal fees) arising from your use of the Product, your breach of this Agreement, or your infringement of any third-party rights, including intellectual property rights.

12. Termination

We may terminate this Agreement immediately upon written notice if you commit a material or persistent breach that you fail to remedy within 14 days of being notified, or if payment for the Product is not completed, reversed, or cancelled for any reason.

Upon termination:

• all rights granted under this Agreement will immediately cease;
• you and all Authorized Users must stop all activities permitted under this Agreement;
• you and all Authorized Users must permanently delete or remove the Product from all devices in your possession and destroy all copies under your control.

The following sections survive termination:

• Intellectual Property Rights;
• Indemnity.

13. Terms of Use

This Agreement is to be read in conjunction with the Terms of Use of 6TM® MAGAZINE. In the event of any conflict or discrepancy between this Agreement and the Terms of Use, the provisions of this Agreement will take precedence, but only to the extent necessary to resolve the inconsistency.

14. Miscellaneous Provisions

We may transfer our rights and obligations under this Agreement to another organization without affecting your rights or our obligations.

If we update this Agreement, you are not required to accept the revised terms — the version in effect at the time of your purchase will continue to govern your use of the Product.

You may not transfer your rights or obligations under this Agreement to any other party without our prior written consent.

This Agreement, together with the Terms and Conditions referenced in clause 13, constitutes the entire agreement between the Parties and supersedes all prior agreements, representations, and understandings relating to its subject matter, whether written or oral.

You acknowledge that you did not rely on any statement, representation, or warranty not expressly set out in this Agreement when entering into it.

No waiver of any right or remedy shall be effective unless made in writing, and shall not constitute a waiver of any future right or remedy.

A delay or failure to exercise any right or remedy shall not waive that or any other right or remedy.

Each clause of this Agreement operates independently. If any clause is found to be unlawful or unenforceable, the remaining clauses will continue in full force and effect.

15. Relationship between the Parties

Nothing in this Agreement creates an agency, joint venture, partnership, or employment relationship between the Parties. Neither Party has the authority to act for, represent, or bind the other in any way.

16. Governing Law and Jurisdiction

This Agreement, and any dispute or claim arising from or in connection with it (including non-contractual disputes or claims), shall be governed by and construed in accordance with French law.

The Parties irrevocably agree that the French courts shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement.

All disputes shall be conducted in French.

17. Contact

Should you need to contact us in writing, or if any clause in this Agreement requires you to provide written notice, you may email us at contact@6tm-magazine.com. We will acknowledge receipt of your message in writing, typically via email.

If we need to contact you or provide notice in writing, we will do so by email or to the email address you have supplied or confirmed to us.