This is the Framewrite Studios Photo License that’s applicable to digital photography when purchased and downloaded for commercial and/or personal use.
By purchasing and downloading the digital photo (the Item), you are agreeing to the following terms.
What You Can Do with this License
- For each digital photo you purchase and download, you’re granted a license to use the Item on a non-exclusive, commercial, worldwide and revocable basis.
- Each license includes the right to utilize the Item through communication to the public, broadcast, display, distribution, and reproduction, but only as a part of the End Product which you have created with the Item.
- You can use an Item to create an End Product for yourself or for a client. If you use an Item to create an End Product for a client, then you can transfer the End Product to your client.
- If you transfer an End Product to a client, you do so by sublicensing these license rights in any Item within that End Product. The sublicense must only be granted on condition that use of the Item is limited to that use which is necessary in order to use the End Product, so the Item must not be extracted, reproduced or used in any other way (the Limited Sublicense). You must inform your client of this condition.
- You can make any number of copies of the End Product created using an Item. You can distribute the End Product through multiple media.
- You can modify or manipulate an Item, or combine the Item with other works, to suit your End Product. The resulting works created using the Item are subject to the terms of this license.
- If an Item contains multiple assets you can make more than one End Product with that Item.
- You can use the Item in multiple End Products with one purchased license. For example, you can use the Item in a print publication such as a magazine, and use the Item in a digital product such as a website, without being required to purchase the Item twice.
What You Can’t Do with this License
- You can’t redistribute the Item 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 redistribute or make available the Item as-is or with superficial modifications. These things are not allowed even if the redistribution is for free.
- You can’t use an 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’t use an Item for merchandising, which means an End Product created using that Item where the primary value of the product lies in the Item itself, including:
- an End Product where the Item serves as its core component, and where without the incorporation of the Item it would not fundamentally differ from any other product of similar nature and use; and/or
- 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 Item into a larger design (such as with text and other graphics/images) or used as product packaging are not considered merchandising and are allowed.
- 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.
- You must not permit an end user to extract an Item and use it separately from the End Product created using that Item.
- You can’t claim trademark or service mark rights over an Item within the End Product created using that Item.
- You’re not allowed send the item to other parties or organizations through any means of transmission. For example, if you work for ABC Design Firm, and your colleague works for XYZ Publishing and wants to use the Item you purchased and downloaded, you do not have permission to send the item to them for their use. Your colleague’s company must purchase their own license to download and use the Item.
Other License Terms
- You can only use an Item for lawful purposes. Also, you can’t use an Item in connection with material which is offensive, defamatory, pornographic, obscene or demeaning, or promotes discrimination. If an Item contains an image of a person, even if the Item is model-released you can’t use it in a way that creates a fake identity, implies personal endorsement of a product, service, or political ideology by the person, or in connection with sensitive subjects.
- Items that contain digital versions of real products, trademarks or other intellectual property owned by others have not been property released. It is your responsibility to consider whether your use of these Items requires a clearance and if so, to obtain that clearance from the intellectual property rights owner.
- This license applies in conjunction with the User Terms for your use of Framewrite Studios products. If there is an inconsistency between this license and the User Terms, this license will apply to the extent necessary to resolve the inconsistency.
- This license can be terminated for any Item if you breach the license and don’t remedy the breach. If termination happens, you must stop using the relevant Item, which includes no longer making copies of or distributing the End Product created using that Item (unless you remove the Item from it).
- Framewrite Studios retains ownership of each Item. You can’t claim ownership of an Item, even if modified.