Extended Commercial License
This License Agreement states the terms and conditions of Licensee’s non-exclusive and limited copyright license with respect to the digital content (“Licensed Asset”) made available on bbymedia.store. For more information, please contact us at email@example.com.
Parties To The License Agreement; Number Of Users (or Seats)
This License Agreement is an agreement between:
- The “Licensee” who is the individual person indicated as the licensee during the purchase process or, if an individual person is purchasing on behalf of an employer, then only such employer is the “Licensee” and can use the Licensed Asset subject to the terms and conditions of this License Agreement;
- and bbymedia.store, as licensor.
If an individual person is purchasing the license on behalf of an employer, such individual person represents and warrants that such individual person has full legal authority to bind such employer, as the Licensee, to the terms and conditions of this License Agreement. Licensed Seats. The number of individual users who are employees of the Licensee or its permitted sublicensees permitted to access and use the Licensed Asset (as permitted in this Licensee Agreement) is the number of users (or seats) selected and paid for at the time of purchase. If Licensee requires additional users (or seats), additional licenses to the Licensed Asset must be purchased.
- Licensee may only upload the Licensed Asset to (i) a server owned, leased, or otherwise controlled by Licensee or (ii) a cloud storage service, cloud-based design app, or digital asset manager, account controlled by Licensee, in each case for use of the Licensed Asset by Licensee only, as permitted herein.
This License Agreement Permits Both Commercial Use And Non-commercial Use; Commercial Use And Non-commercial Use Defined
This License Agreement permits Non-commercial Use (as defined below) and/or Commercial Use (as defined below) of the Licensed Asset by the Licensee to create End Products (as defined below), as expressly specified in Section 4 (Permitted Uses) during the Term on a worldwide basis, except as indicated in the purchase or download process or where prohibited by any law, rule, or regulation (“Territory”).
- “Commercial” is any use: (i) that involves an exchange of money or other consideration, (ii) that promotes a business (e.g., sole proprietorship, corporation, or partnership), product, or service, or (iii) where financial gain or other consideration is either sought or a result, directly or indirectly, of Licensee’s use of the Licensed Asset. If any one or more of the criteria in (i), (ii), and (iii) is met, then the use is deemed “Commercial”.
- "Non-Commercial Use" is any use that does not meet the definition of “Commercial Use”.
PERMITTED USES AND QUANTITY/IMPRESSION LIMITATIONS
An “End Use” of a Licensed Asset means use of the Licensed Asset only as expressly permitted below. Any End Use for Commercial use must: (i) be significantly different than the original Licensed Asset, (ii) require time, effort, and skill to produce and (iii) not derive its primary value from the Licensed Asset itself.
- Physical Products for Commercial Use or Non-commercial Use: Licensee may create physical end products such as, but not limited to, clothing, cards, invitations, stickers, mugs, stamps, candles, posters, signs, home decor, etc. for Commercial use or Non-commercial use.
- Product Packaging for Commercial Use of Non-commercial Use: Licensee may create physical or digital end packaging products used for resale or wholesale such as, but not limited to, boxes, labels, stickers, or containers, etc., for Commercial use or Non-commercial use.
- Digital Products for Commercial Use or Non-Commercial Use: Licensee may create digital end products for resale such as static designs, static website elements for Commercial use or Non-commercial use.
- Digital or Print Publication for Commercial Use or Non-commercial Use: Licensee may use the Licensed Asset in digital or print publications such as magazines, cards, invitations, photo albums, and scrap books, e-books or e-publications, for Commercial use or Non-commercial use.
- Quantity Limitations on End Products for Commercial Use: No more than 250,000 lifetime combined individual end products or packaging (digital or physical) sales, instances, impressions, or installations (as applicable) that incorporate the Licensed Asset is permitted for Commercial use.
Social Media, Marketing, and Advertisements
- Personal Social Media for Non-Commercial Use: If applicable (e.g., for an individual), one (1) personal or individual social media accounts for Non-commercial use.
- Company Social Media for Commercial Use: If applicable (e.g., to a business), one (1) Licensee owned and managed company social media account is allowed for Commercial use. A separate license is required for each social media business account or page.
- Physical (Printed) Advertisements for Commercial Use in a Local Market: Such as billboards, signage, printed advertisement, etc. for Commercial use in Local Markets. “Local Market” means that all display or distribution of these permitted advertisements must be within a 200 mile radius within the borders of a single nation/country.
- Digital Advertisements for Commercial Use: Internet advertisements such as advertisements served by Google Ads, Bings Ads, Facebook Ads, Linkedin Ad, etc. for Commercial use.
- Quantity Limitations on Promotion and Advertisements: No limit on the number of impressions of social media posts or advertisements incorporating the Licensed Asset for Commercial use or Non-commercial use (where Non-commercial use is applicable).
Broadcast and Streaming of Motion Picture and Audiovisual Content
- Broadcast and Streaming: Broadcast and streaming via network, cable, internet, satellite, pay-per-view, video on demand or Streaming of motion picture and /audio visual works, including advertisements, is permitted for Commercial use and Non-commercial use.
- Quantity Limitations on Broadcast and Streaming: No limit on the lifetime viewers for Commercial use or Non-commercial use.
- Website Software Development, Mobile App Development, Desktop Application Development, and Video Game Development for Commercial use or Non-commercial use: Licensee may use the Licensed Asset in one (1) title for Commercial use or Non-commercial use.
- Quantity Limitations on Digital Development: The Licensed Asset may be used in a single website, application, video game (each additional website, application, or video game including (without limitation) successor products, requires a separate license) and the license is additionally subject to the limitation in 4.1 (End Products). For example, Licensee may use the Licensed Asset in 1 mobile app title which may be downloaded or sold up to 250,000 times in total (pursuant to the limitation in Section 4.1), but Licensee may not use the Licensed Asset in 1 mobile app title and 1 website title that each sell 250,000 times (for this a separate license must be purchased for the mobile app title and the website title). These quantity restrictions are on a per purchase basis, so Licensee may purchase two licenses for the same Licensed Asset to increase the permitted quantity (subject to the terms of each applicable license).
PROHIBITED USES UNDER THIS LICENSE AGREEMENT.
For clarity and without expanding the Permitted Uses, the following are expressly prohibited in this License Agreement.
Trademark and Copyright
- Trademark: Licensed Asset may not be used as part of a trademark, service mark, design mark, trade-name, or similar use unless the Licensed Asset is not the predominant element of the End Use.
- Copyright: Licensee may not claim the Licensed Asset (or a modification thereof) as its own copyrighted work (the original Licensed Asset must be disclaimed in any copyright registration).
Strictly Prohibited Uses.
- Nothing in this License Agreement grants Licensee any of the following rights, all of which rights are expressly retained:Resale or Sub-Licensing the Licensed Asset or any modification of it in source file form or any modification of it in a way that is directly competitive with the original Licensed Asset is strictly prohibited (e.g., as a stock asset or template) is strictly prohibited.
- Modifications, amendments, and any other changes to the Licensed Asset are strictly prohibited.
- Making public or sharing the Licensed Asset in any way that allows others to download, extract, or redistribute Licensed Asset as a standalone file (meaning just the content file itself, separate from the project or end use that is expressly permitted) is strictly prohibited.
- Use of the Licensed Asset in pornographic, fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory material, is strictly prohibited, including, without limitation, any use of the Licensed Asset in a manner that:
- may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any person, or to any animal;
- may create a risk of any other loss or damage to any person or property;
- seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- may constitute or contribute to a crime or tort;
- contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
- contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);
- contains any information or content that Licensee does not have a right to make available under any law or under contractual or fiduciary relationships;
- contains any information or content that Licensee knows or should know is not correct and current; or
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- Falsely representing authorship and/or ownership of the Licensed Asset is strictly prohibited.
- Use of the Licensed Asset in violation of any law, rules, or regulations is strictly prohibited, including export and embargo laws.
- Any other use that is not expressly permitted in Section: Permitted Uses and Quantity/Impression Limitations is strictly prohibited.
When credit is required: All Editorial Use (as defined below) requires a credit; however for Non-Editorial Use (as defined below) a credit is only required where credits are accorded to other providers of licensed material. Credits, when required, shall be legible and in close proximity to the Licensed Assets and, where applicable, substantially similar in placement and prominence to other credits. “Editorial Use” means use relating to events, information, commentary and analyses that are newsworthy, a matter of public concern, or of general interest to the public. “Non-Editorial Use” means any commercial, promotional, advertorial, endorsement, advertising, or merchandising use.
How to provide credit: “[Licensed asset product type] copyright bbymedia.store”