PhotoDune Regular License

Seriously: this is a legal document. Easy to read? Yes. A valid license with legal effect? Yes indeed!
Read this license to learn about the terms that apply, as well as the FAQs (which form part of the license).

The low-down! The nuts and bolts of this license

• 1.The PhotoDune Regular License grants you, the purchaser, an ongoing, non-exclusive, commercial, worldwide license to make use of the digital image (Item) you have selected, on the following terms. The Licensing FAQs form part of this license.

• 2.You are licensed to use the Item in the following ways (Allowed Uses):

  • (a)to create multiple End Products that incorporate the Item as well as other things, so that each End Product is larger in scope and different in nature than the Item; and
  • (b)to communicate to the public (perform), broadcast, display, distribute, and reproduce those End Products in any and all media and for all uses, subject to the terms and restrictions in this license.

  Examples of End Products: publications, signage, packaging, websites, games, apps, presentations, online videos, films, TV shows and advertisements.

• 3.Allowed Uses have these limitations:

  • (a)For all uses (except websites), there is a total limit of 500,000 copies across all End Products made with the Item (Reproduction Limit). For websites there is no limit on the number of visitors/impressions.
  • (b)You can’t use the Item for merchandising. See clause 12 for more details.

  Examples of merchandising include: screensavers, e-cards, physical products like t-shirts, mugs and calendars

Go for it! More details about what you can do with the Item

• 4.You can create one or more End Products for yourself, your employer, or a client. If you create an End Product for a client, then the client is granted a Limited Sublicense to the Item as part of the End Product and only for use in that specific End Product. So the Item itself must not be extracted, reproduced, or used in any other way. You must inform your client of this condition and they must also agree to these terms.

• 5.You can make copies of End Products (up to the Reproduction Limit). You can distribute End Products through multiple media, and you can make them available online or broadcast them to an unlimited number of viewers.

• 6.You can modify or manipulate the Item, or combine the Item with other works, to suit each End Product. The resulting works based on the Item are subject to the terms of this license. You cannot claim ownership to the Item, whether it’s in original form or altered under this clause. You can do the things allowed in this clause as long as each End Product you then create is one that’s permitted under clause 2 and 3.

  Examples: you can edit, composite or stylize an image to suit your project. See clause 20 for more information about ownership rights in the Item.

• 7.You and multiple other people within your organization may have access to the Item for the purpose granted by this license. Access should only be given to the people working on the End Product(s) incorporating this item.

Whoa there! Things you can’t do with the Item

• 8.While you may create End Products using the Item for multiple different clients, you must not allow your clients to extract, repurpose, or reuse the Item in any other way. If your clients wish to make full use of the original Item themselves and use it within their own separate End Products, they will need to purchase their own license.

  For example: You can use the photo to create customized flyers for different clients, but your clients can’t then reuse the original photo to create their own flyers in the future, without obtaining their own individual license for the photo (e.g. by purchasing it themselves, or you purchasing one on their behalf).

• 9.While this license is a multiple use license allowing use in more than one End Product, you must not produce more total copies of End Products (including any client work) than the Reproduction Limit allows. If you need to exceed this limit, you will need to purchase additional license(s) for the Item to cover the total amount of copies, or upgrade the license to remove this limit.

• 10.You can’t re-distribute the Item as a photo, as stock, in a tool or template, or with source files. You can’t do this with an Item either on its own or bundled with other items, even if you modify the Item. You can’t re-distribute the Item as-is or with superficial modifications. These things are not allowed even if the re-distribution is for free.

  For example: You can’t license a photo and then re-distribute it as a digital wallpaper or as an image in a stock website template for resale. If you’re an Envato author you can use other items in your item’s preview without a license, under conditions. See the author licensing FAQs.

• 11.You can’t use the Item in any application allowing an end user to customize a digital or physical product to their specific needs, such as an “on demand”, “made to order” or “build it yourself” application. You can use the Item in this way only if you purchase a separate license for each final product incorporating the Item that is created using the application. The multi-use nature of this license is not intended for this type of “on demand” use.

  Examples of “on demand”, “made to order” or “build it yourself” applications: online custom apparel or product printing services, “create your own” slideshow apps, and e-card generators. You will need one license for each product created by a customer, or contact us to discuss.

• 12.You can’t use the Item for merchandising, which means an End Product where the primary value of the product lies in the Item itself, including:

  • (a)an End Product where the Item serves as its core component, and where without the incorporation of the Item it would not fundamentally differ than any other product of similar nature and use; and/or
  • (b)an End Product where the incorporation of the Item is what makes the product fundamentally unique and valuable, and is the main driving factor for the sale of the End Product.

• For clarity, End Products where skill and effort have been applied to incorporate the image into a larger design (such as with text and other graphics/images) or used as product packaging are not considered merchandising and are Allowed Uses.

  For example you can’t print an image out as a poster and sell copies of that poster, as the primary value of the poster is from the image itself. However, you can print an image as a book cover and sell copies of that book, as the primary value of the book is from the writing/contents of the book and not the image itself.

• 13.You must not permit an end user to extract the Item and use it separately from the End Product.

• 14.You can’t claim trademark or service mark rights over the Item within the End Product.

The nitty gritty! Other license terms

• 15.You can only use the Item for lawful purposes. Also, you can’t use Item in connection with defamatory, obscene or demeaning material, or in connection with sensitive subjects.

  For more information on sensitive subjects, see the FAQs.

• 16.Even if the the Item is model-released, you can’t use it in a way that creates a fake identity, or implied personal endorsement of a product by the person.

  For more information about model and property releases, see the FAQs.

• 17.You must not use the Item in violation of any export laws that apply to you.

• 18.This license applies in conjunction with the Envato Market Terms for your use of the Envato Market. If there is an inconsistency between this license and the Envato Market Terms, this license will apply to the extent necessary to resolve the inconsistency.

• 19.This license can be terminated if you breach it and don’t remedy the breach. If termination happens, you must stop using the Item, which includes no longer making copies of or distributing the End Products until you remove the Item from them. This license can also be terminated for only the End Products to which a breach relates (rather than all End Products). In this case, this clause applies only to those End Products.

• 20.The author of the Item retains ownership of the Item but grants you the license on these terms. You can’t claim ownership of the Item, even if modified under clause 6, for example through content identification systems.

  Example: if you use an image synced in a video, you can’t claim rights to the image (eg through applying “ContentID” or similar systems to the image/video).

• 19.This license is between the author of the Item and you. Envato Pty Ltd is not a party to this license or the one giving you the license.

Definitions

Revision date: 21 April 2017