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 ephrazygraphics.com by the Shop Owner and purchased by Licensee.
1. PARTIES TO THE LICENSE AGREEMENT; NUMBER OF USERS (OR SEATS)
1.1 - This License Agreement is an agreement between:
(a) The “Licensee” who is the individual person indicated as the licensee during the purchase process
and
(b) Ephrazy Graphics DOO. (“Ephrazy Graphics”) on behalf of the seller (“Shop Owner”) as licensor.
1.2 - This is an individual license for Non-commercial use (as defined below) only, and the Licensed Asset may be used and accessed (as permitted in this License Agreement) only by a single individual person, who is the Licensee indicated at the time of purchase. If multiple individuals will work together to use the same Licensed Asset, then each individual must purchase a license for that Licensed Asset. Licensee may select multiple users (or seats) at the time of purchase only if Licensee is authorized to legally bind the other individuals who will use the Licensed Asset to this License Agreement (e.g., a child or a spouse). For use by a business, such as an employer, one of the license agreements that permits Commercial use is required.
2. ASSET MANAGEMENT
Licensee may only upload the Licensed Asset to (i) a personal server owned and controlled by Licensee or (ii) a private 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.
3. THIS LICENSE AGREEMENT PERMITS NON-COMMERCIAL (PERSONAL) USE ONLY; COMMERCIAL USE AND NON-COMMERCIAL USE DEFINED
This License Agreement permits only Non-commercial use of the Licensed Asset, as expressly specified in Section 4 (Permitted Uses and Quantity/Impression Limitations); all Commercial use is expressly prohibited.
3.1 - Commercial Use
Commercial” use 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”.
3.2 - Non-Commercial Use (Personal)
Non-commercial” use is a use for solely personal purposes; any use that meets the definition of “Commercial use” can not be a Non-commercial use.
4. PERMITTED USES AND QUANTITY/IMPRESSION LIMITATIONS
An “End Use” of a Licensed Asset means use of the Licensed Asset only as expressly permitted below:
4.1 - End Products for Non-Commercial Use
✓ Physical Products for Non-Commercial Use: Licensee may create physical end products not for resale or wholesale such as, but not limited to, clothing, cards, invitations, stickers, mugs, stamps, candles, posters, signs, home decor, etc. for Non-commercial use only.
✓ Product Packaging for Non-Commercial Use: Licensee may create physical or digital end packaging products for Non-commercial use such as, but not limited to, labels, stickers, or containers, etc. for Non-commercial use only.
✓ Digital Products for Non-Commercial Use: Licensee may create digital end products for non-commercial use such as static designs, static website elements for Non-commercial use only.
✓ Digital or Print Publication for Non-Commercial Use: Licensee may use the Licensed Asset in digital or print publications such as cards, invitations, photo albums, and scrap books, e-books or e-publications, that are for Non-commercial use only.
4.2 - Personal Social Media for Non-Commercial Use
✓ Personal Social Media for Non-Commercial Use: One personal or individual social media account (not on a company or business social media page) for Non-commercial use.
4.3 - Streaming of Motion Picture and Audiovisual Content
✓ Streaming: Streaming via internet only of motion picture and audio visual works, excluding advertisements, is permitted for Non-commercial use only.
Quantity Limitations on Streaming: No limit on lifetime viewers for Non-commercial use.
4.4 - Permitted uses of Audio Clips
✓ Audio Clips:
The license for any Audio Clip shall grant the right to synchronize the Audio Clip in a single Production. A “Production” means: (i) one audio-visual project in which the Audio Clip is synchronized in timed relation with moving or still images; or (ii) one audio-only project in which the Audio Clip is synchronized to narration in the context of a podcast episode, radio documentary, or radio advertisement (each such permitted use inclusive of so-called ‘cut down’ versions thereof).
Except for the PRO-free Audio Clips, in the event any public performance licenses are required in connection with a Licensee’s use of the Audio Clips, the Licensee shall be responsible for obtaining such licenses at its sole expense. In the event the laws of any jurisdiction require that licenses be obtained from collection societies or similar entities for or in connection with activities otherwise authorized under the license agreement, the Licensee shall be responsible for obtaining and paying for such licenses at their sole expense. Licensee will file complete and accurate “cue sheets” with the appropriate Performing Rights Organization(s). This obligation shall apply to all Audio Clips other than the PRO-free Audio Clips.
Licensee may publish productions incorporating Audio Clips on third party "user-generated" content distribution platforms (e.g., YouTube) (each a "UGC Platform"). Licensee may not claim ownership of the Audio Clips or otherwise register any Audio Clips with any UGC Platform even as synchronized with a production
5. PROHIBITED USES (these uses may be available with a commercial license or custom license, contact Ephrazy Graphics to find out more):
5.1 - End Products
✗ All End Products for Commercial use (including, without limitation, physical products, product packaging, digital products, or digital or print publications) are prohibited.
✗ On-Demand Applications (Such as Print-on-Demand and Create-on-Demand Services) for Commercial Use or Non-Commercial Use are prohibited. Any use that allows anyone other than the Licensee, such as an end user to customize a digital or physical end product is prohibited, whether for Commercial use or Non-commercial use. This includes, but is not limited to, “print on demand”, “made to order”, or “download on demand” application.
5.2 - Social Media, Marketing, and Advertisements
✗ Company Social Media: is prohibited for Commercial use or Non-commercial use.
✗ Physical (Printed, Paid or Unpaid) Advertisements: Such as billboards, signage, printed advertisement, etc. are prohibited for Commercial use or Non-commercial use.
✗ Digital (Paid or Unpaid) Advertisements: Internet advertisements such as advertisements served by Google Ads, Bings Ads, Facebook Ads, Linkedin Ad, etc. are prohibited for Commercial use or Non-commercial use.
5.3 - Broadcast and Streaming of Motion Picture and Audiovisual Content
✗ Broadcast and Streaming: (a) Streaming for Commercial use and (b) broadcast for Commercial use or Non-commercial use by any means, including via network, cable, satellite, pay-per-view, video on demand of content including motion picture or audio visual works incorporating the Licensed Asset, including advertisements, is prohibited.
5.4 - Digital Development
✗ Website Software Development, Mobile App Development, Desktop Application Development, and Video Game Development: is prohibited for Commercial use or Non-commercial use.
5.5 - Trademark and Copyright
✗ Trademark: Licensed Asset may not be used as part of a trademark, service mark, design mark, trade-name. In no event does this License Agreement allow Licensee to -- and Licensee shall not seek to -- register, protect, or enforce any trademark or similar rights in the Licensed Asset. Contact Ephrazy Graphics for a custom license if these rights are desired.
✗ 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).
5.6 - Future Technologies
✗ The license is limited to the expressly permitted uses stated in this License Agreement: future-existing technologies and uses are expressly reserved and not included within the scope of the license.
6. STRICTLY PROHIBITED USES. Nothing in this License Agreement grants Licensee any of the following rights, all of which rights are expressly retained:
6.1 - ✗ Resale or Sub-Licensing the Licensed Asset or any modification of it in source file form is strictly prohibited.
6.2 - ✗ Resale or Sub-Licensing of the Licensed Asset 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).
6.3 - ✗ 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.
6.4 - ✗ Use 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 that:
(i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
(ii) may create a risk of any other loss or damage to any person or property;
(iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(iv) may constitute or contribute to a crime or tort;
(v) 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;
(vi) 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);
(vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(viii) contains any information or content that you know is not correct and current; or
(ix) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
6.5 - ✗ Falsely representing authorship and/or ownership of the Licensed Asset is strictly prohibited.
6.6 - ✗ Any other use that is not expressly permitted in Section 4 (Permitted Uses and Quantity/Impression Limitations) is strictly prohibited.
6.7 - ✗ Audio Clips may not be used as follows:
(i) as a musical theme;
(ii) in an audio-only capacity in which Audio Clips is the primary content;
(iii) remixed or otherwise altered, except that Licensee may engage in basic editing (e.g., setting start/stop points, determining fade-in/fade-out points, etc.); or
(iv) in a downloadable form available through the internet or otherwise including making it available via FTP, IRC, peer-to-peer file sharing services or the like.
7. CLIENT, SERVICE PROVIDER, AND OTHER THIRD PARTY USE PROHIBITED (Third party use requires the third party to obtain its own license unless a custom license is purchased)
7.1 - Third Party Use Requires Separate License.
This License Agreement does not permit sublicensing, except as stated in Section 7.2.
7.2 - Limited Sublicensing of End Users Is Permitted.
The restriction above does not prohibit Licensee from sublicensing Licensee’s rights third parties solely to manufacture, or distribute completed End Uses of the Licensed Asset for Non-commercial uses (as expressly permitted herein) when done on behalf of Licensee, provided that Licensee shall at all times ensure compliance with the terms of this License Agreement.
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 ephrazygraphics.com by the Shop Owner and purchased by Licensee.
1. PARTIES TO THE LICENSE AGREEMENT; NUMBER OF USERS (OR SEATS)
1.1 - This License Agreement is an agreement between:
(a) The “Licensee” who is the individual person indicated as the licensee during the purchase process or that person’s employer if that person is acting on the employer’s behalf and with the employer’s authorization
and
(b) Ephrazy Graphics DOO. (“Ephrazy Graphics”) on behalf of the seller (“Shop Owner”) as licensor.
If you are purchasing on behalf of your employer, then only your employer is the “Licensee” and can use the Licensed Asset subject to the terms of this License Agreement; in that case you represent and warrant that you have full legal authority to bind your employer, as the Licensee, to the terms of this License Agreement.
1.2 - The number of individual users 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.
2. ASSET MANAGEMENT
Licensee may only upload the Licensed Asset to (i) a server owned and 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.
3. 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 and Commercial use of the Licensed Asset, as expressly specified in Section 4 (Permitted Uses and Quantity/Impression Limitations).
3.1 - Commercial Use
“Commercial” use 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”.
3.2 - Non-Commercial Use (Personal)
“Non-commercial” use is a use for solely personal purposes; any use that meets the definition of “Commercial use” can not be a Non-commercial use.
4. 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.
4.1 - End Products
✓ 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 5,000 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. Consider an extended commercial license or contact Ephrazy Graphics for a custom license if Licensee requires greater quantities for Commercial use.
4.2 - 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).
4.3 - 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 more than 500,000 lifetime viewers for Commercial use and no limit for streaming via the internet for Non-commercial use.
4.4 - Permitted uses of Audio Clips
✓ Audio Clips:
The license for any Audio Clip shall grant the right to synchronize the Audio Clip in a single Production. A “Production” means: (i) one audio-visual project in which the Audio Clip is synchronized in timed relation with moving or still images; or (ii) one audio-only project in which the Audio Clip is synchronized to narration in the context of a podcast episode, radio documentary, or radio advertisement (each such permitted use inclusive of so-called ‘cut down’ versions thereof).
Except for the PRO-free Audio Clips, in the event any public performance licenses are required in connection with a Licensee’s use of the Audio Clips, the Licensee shall be responsible for obtaining such licenses at its sole expense. In the event the laws of any jurisdiction require that licenses be obtained from collection societies or similar entities for or in connection with activities otherwise authorized under the license agreement, the Licensee shall be responsible for obtaining and paying for such licenses at their sole expense. Licensee will file complete and accurate “cue sheets” with the appropriate Performing Rights Organization(s). This obligation shall apply to all Audio Clips other than the PRO-free Audio Clips.
Licensee may publish productions incorporating Audio Clips on third party "user-generated" content distribution platforms (e.g., YouTube) (each a "UGC Platform"). Licensee may not claim ownership of the Audio Clips or otherwise register any Audio Clips with any UGC Platform even as synchronized with a production
5. PROHIBITED USES (these uses may be available with an extended commercial license or custom license, contact Ephrazy Graphics to find out more):
5.1 - End Products
✗ On-Demand Applications (Such as Print-on-Demand and Create-on-Demand Services). Any use that allows anyone other than the Licensee, such as an end user, to customize a digital or physical end product is prohibited, whether for Commercial use or Non-commercial use. This includes, but is not limited to, “print on demand”, “made to order”, or “download on demand” application.
5.2 - Social Media, Marketing, and Advertisements
✗ Physical (Printed) Advertisements for Commercial Use In National Markets or Global Markets is prohibited: “National” market means any distribution or display of advertisements beyond a 200 mile radius within a single nation/country. “Global” market means any distribution of display of advertisements in more than one nation/country
5.3 - Digital Development
✗ Website Software Development, Mobile App Development, Desktop Application Development, and Video Game Development: is prohibited for Commercial use or Non-commercial use.
5.4 - 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 (1) the Licensed Asset is significantly altered and (2) not the predominant element of the End Use. In no event does this License Agreement allow Licensee to -- and Licensee shall not seek to -- register, protect, or enforce any trademark or similar rights in the Licensed Asset itself which must be disclaimed in any trademark registration. Contact Ephrazy Graphics for a custom license if these rights are desired.
✗ 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).
5.5 - Future Technologies
✗ The license is limited to the expressly permitted uses stated in this License Agreement: future-existing technologies and uses are expressly reserved and not included within the scope of the license.
6. STRICTLY PROHIBITED USES. Nothing in this License Agreement grants Licensee any of the following rights, all of which rights are expressly retained:
6.1 - ✗ Resale or Sub-Licensing the Licensed Asset or any modification of it in source file form is strictly prohibited.
6.2 - ✗ Resale or Sub-Licensing of the Licensed Asset 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).
6.3 - ✗ 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.
6.4 - ✗ Use 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 that:
(i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
(ii) may create a risk of any other loss or damage to any person or property;
(iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(iv) may constitute or contribute to a crime or tort;
(v) 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;
(vi) 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);
(vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(viii) contains any information or content that you know is not correct and current; or
(ix) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
6.5 - ✗ Falsely representing authorship and/or ownership of the Licensed Asset is strictly prohibited.
6.6 - ✗ Any other use that is not expressly permitted in Section 4 (Permitted Uses and Quantity/Impression Limitations) is strictly prohibited.
6.7 - ✗ Audio Clips may not be used as follows:
(i) as a musical theme;
(ii) in an audio-only capacity in which Audio Clips is the primary content;
(iii) remixed or otherwise altered, except that Licensee may engage in basic editing (e.g., setting start/stop points, determining fade-in/fade-out points, etc.); or
(iv) in a downloadable form available through the internet or otherwise including making it available via FTP, IRC, peer-to-peer file sharing services or the like.
7. SUBLICENSING TO THIRD PARTIES IS PROHIBITED WITH LIMITED EXCEPTIONS FOR CLIENTS AND SERVICE PROVIDERS (Third party use requires the third party to obtain its own license unless a custom license is purchased)
7.1 - Third Party Use Requires Separate License.
This License Agreement does not permit sublicensing except for the limited rights to sublicense described below in Section 7.2.
7.2 - Limited Sublicensing Is Permitted.
Licensee may sublicense Licensee’s rights to third parties in only three situations:
(a) to manufacture, market, or distribute completed End Uses (defined above) that use the Licensed Asset (as expressly permitted herein) when done on behalf of Licensee, provided that the sublicense may only be granted on condition that the sublicensee is prohibited from extracting, reproducing or using the Licensed Asset in any other way and Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance. For example, Licensee may use distributors to manufacture or distribute physical products for resale or product packaging; similarly, Licensee may use third party providers, such as hosting providers to host a completed website or website publishers to display completed digital advertisements;
(b) to a service provider serving as Licensee’s subcontractor to provide services to Licensee provided that (i) Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance and (ii) Licensee has purchased a sufficient number of seats for the Licensed Asset Licensee (e.g., each individual person requires a license as stated above); and
(c) to a client of Licensee where Licensee transfers to that client a completed End Use (defined above, such as a completed website, advertisement, product, or product packaging). In this instance, the sublicense may only be granted on condition that the sublicensee is prohibited from extracting, reproducing or using the Licensed Asset in any way other than is necessary in order to exploit the End Use that Licensee provides to the client. Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance.
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 ephrazygraphics.com by the Shop Owner and purchased by Licensee.
1. PARTIES TO THE LICENSE AGREEMENT; NUMBER OF USERS (OR SEATS)
1.1 - This License Agreement is an agreement between:
(a) The “Licensee” who is the individual person indicated as the licensee during the purchase process or that person’s employer if that person is acting on the employer’s behalf and with the employer’s authorization
and
(b) Ephrazy Graphics DOO. (“Ephrazy Graphics”) on behalf of the seller (“Shop Owner”) as licensor.
If you are purchasing on behalf of your employer, then only your employer is the “Licensee” and can use the Licensed Asset subject to the terms of this License Agreement; in that case you represent and warrant that you have full legal authority to bind your employer, as the Licensee, to the terms of this License Agreement.
1.2 - The number of individual users 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.
2. ASSET MANAGEMENT
Licensee may only upload the Licensed Asset to (i) a server owned and 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.
3. 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 and Commercial use of the Licensed Asset, as expressly specified in Section 4 (Permitted Uses and Quantity/Impression Limitations).
3.1 - Commercial Use
“Commercial” use 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”.
3.2 - Non-Commercial Use (Personal)
“Non-commercial” use is use for solely personal purposes; any use that meets the definition of “Commercial use” can not be a Non-commercial use.
4. PERMITTED USES AND QUANTITY/IMPRESSION LIMITATIONS
An “End Use” of a Licensed Asset means use of the Licensed Asset only as expressly permitted below:
4.1 - End Products
✓ 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. Contact Ephrazy Graphics for a custom license if Licensee requires greater quantities for Commercial use.
4.2 - 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), all Licensee owned and managed company social media accounts are allowed for Commercial use. No limit on accounts and pages owned and managed by the Licensee for Commercial use.
✓ Physical (Printed) Advertisements for Commercial Use: Such as billboards, signage, printed advertisement, etc. for Commercial use in Local markets, National markets, and Global 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. “National” market means any distribution or display of advertisements beyond a 200 mile radius within a single nation/country. “Global” market means any distribution of display of advertisements in more than one 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).
4.3 - 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
Quantity Limitations on Broadcast and Streaming: No limit on the lifetime viewers for Commercial use or Non-commercial use.
4.4 - Digital Development
✓ 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).
4.5 - Permitted uses of Audio Clips
✓ Audio Clips:
The license for any Audio Clip shall grant the right to synchronize the Audio Clip in a single Production. A “Production” means: (i) one audio-visual project in which the Audio Clip is synchronized in timed relation with moving or still images; or (ii) one audio-only project in which the Audio Clip is synchronized to narration in the context of a podcast episode, radio documentary, or radio advertisement (each such permitted use inclusive of so-called ‘cut down’ versions thereof).
Except for the PRO-free Audio Clips, in the event any public performance licenses are required in connection with a Licensee’s use of the Audio Clips, the Licensee shall be responsible for obtaining such licenses at its sole expense. In the event the laws of any jurisdiction require that licenses be obtained from collection societies or similar entities for or in connection with activities otherwise authorized under the license agreement, the Licensee shall be responsible for obtaining and paying for such licenses at their sole expense. Licensee will file complete and accurate “cue sheets” with the appropriate Performing Rights Organization(s). This obligation shall apply to all Audio Clips other than the PRO-free Audio Clips.
Licensee may publish productions incorporating Audio Clips on third party "user-generated" content distribution platforms (e.g., YouTube) (each a "UGC Platform"). Licensee may not claim ownership of the Audio Clips or otherwise register any Audio Clips with any UGC Platform even as synchronized with a production
5. PROHIBITED USES (these uses may be available with a custom license, contact Ephrazy Graphics to find out more):
5.1 - End Products
✗ On-Demand Applications (Such as Print-on-Demand and Create-on-Demand Services). Any use that allows anyone other than the Licensee, such as an end user, to customize a digital or physical end product is prohibited, whether for Commercial use or Non-commercial use. This includes, but is not limited to, “print on demand”, “made to order” or “download on demand” application.
5.2 - 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 (1) the Licensed Asset is significantly altered and (2) not the predominant element of the End Use. In no event does this License Agreement allow Licensee to -- and Licensee shall not seek to -- register, protect, or enforce any trademark or similar rights in the Licensed Asset itself which must be disclaimed in any trademark registration. Contact Ephrazy Graphics for a custom license if these rights are desired.
✗ 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).
5.3 - Future Technologies
✗ The license is limited to the expressly permitted uses stated in this License Agreement: future-existing technologies and uses are expressly reserved and not included within the scope of the license.
6. STRICTLY PROHIBITED USES. Nothing in this License Agreement grants Licensee any of the following rights, all of which rights are expressly retained:
6.1 - ✗ Resale or Sub-Licensing the Licensed Asset or any modification of it in source file form is strictly prohibited.
6.2 - ✗ Resale or Sub-Licensing of the Licensed Asset 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).
6.3 - ✗ 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.
6.4 - ✗ Use 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 that:
(i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
(ii) may create a risk of any other loss or damage to any person or property;
(iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(iv) may constitute or contribute to a crime or tort;
(v) 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;
(vi) 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);
(vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(viii) contains any information or content that you know is not correct and current; or
(ix) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
6.5 - ✗ Falsely representing authorship and/or ownership of the Licensed Asset is strictly prohibited.
6.6 - ✗ Any other use that is not expressly permitted in Section 4 (Permitted Uses and Quantity/Impression Limitations) is strictly prohibited.
6.7 - ✗ Audio Clips may not be used as follows:
(i) as a musical theme;
(ii) in an audio-only capacity in which Audio Clips is the primary content;
(iii) remixed or otherwise altered, except that Licensee may engage in basic editing (e.g., setting start/stop points, determining fade-in/fade-out points, etc.); or
(iv) in a downloadable form available through the internet or otherwise including making it available via FTP, IRC, peer-to-peer file sharing services or the like.
7. SUBLICENSING TO THIRD PARTIES IS PROHIBITED WITH LIMITED EXCEPTIONS FOR CLIENTS AND SERVICE PROVIDERS (Third party use requires the third party to obtain its own license unless a custom license is purchased)
7.1 - Third Party Use Requires Separate License.
This License Agreement does not permit sublicensing except for the limited rights to sublicense described below in Section 7.2.
7.2 - Limited Sublicensing Is Permitted.
Licensee may sublicense Licensee’s rights to third parties in only three situations:
(a) to manufacture, market, or distribute completed End Uses (defined above) that use the Licensed Asset (as expressly permitted herein) when done on behalf of Licensee, provided that the sublicense may only be granted on condition that the sublicensee is prohibited from extracting, reproducing or using the Licensed Asset in any other way and Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance. For example, Licensee may use distributors to manufacture or distribute physical products for resale or product packaging; similarly, Licensee may use third party providers, such as hosting providers to host a completed website or website publishers to display completed digital advertisements;
(b) to a service provider serving as Licensee’s subcontractor to provide services to Licensee provided that (i) Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance and (ii) Licensee has purchased a sufficient number of seats for the Licensed Asset Licensee (e.g., each individual person requires a license as stated above); and
(c) to a client of Licensee where Licensee transfers to that client a completed End Use (defined above, such as a completed website, advertisement, product, or product packaging). In this instance, the sublicense may only be granted on condition that the sublicensee is prohibited from extracting, reproducing or using the Licensed Asset in any way other than is necessary in order to exploit the End Use that Licensee provides to the client. Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance.
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 ephrazygraphics.com by the Shop Owner and purchased by Licensee.
1. PARTIES TO THE LICENSE AGREEMENT; NUMBER OF USERS (OR SEATS)
1.1 - This License Agreement is an agreement between:
(a) The “Licensee” who is the individual person indicated as the licensee during the purchase process
and
(b) Ephrazy Graphics DOO. (“Ephrazy Graphics”) on behalf of the seller (“Shop Owner”) as licensor.
1.2 - This is an individual license for Non-commercial use (as defined below) only, and the Licensed Asset may be used and accessed (as permitted in this License Agreement) only by a single individual person, who is the Licensee indicated at the time of purchase. If multiple individuals will work together to use the same Licensed Asset, then each individual must purchase a license for that Licensed Asset. Licensee may select multiple users (or seats) at the time of purchase only if Licensee is authorized to legally bind the other individuals who will use the Licensed Asset to this License Agreement (e.g., a child or a spouse). For use by a business, such as an employer, one of the license agreements that permits Commercial use is required.
2. ASSET MANAGEMENT
Licensee may only upload the Licensed Asset to (i) a personal server owned and controlled by Licensee or (ii) a private 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.
3. THIS LICENSE AGREEMENT PERMITS NON-COMMERCIAL (PERSONAL) USE ONLY; COMMERCIAL USE AND NON-COMMERCIAL USE DEFINED
This License Agreement permits only Non-commercial use of the Licensed Asset, as expressly specified in Section 4 (Permitted Uses and Quantity/Impression Limitations); all Commercial use is expressly prohibited.
3.1 - Commercial Use
Commercial” use 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”.
3.2 - Non-Commercial Use (Personal)
Non-commercial” use is a use for solely personal purposes; any use that meets the definition of “Commercial use” can not be a Non-commercial use.
4. PERMITTED USES AND QUANTITY/IMPRESSION LIMITATIONS
An “End Use” of a Licensed Asset means use of the Licensed Asset only as expressly permitted below:
4.1 - End Products for Non-Commercial Use
✓ Physical Products for Non-Commercial Use: Licensee may create physical end products not for resale or wholesale such as, but not limited to, clothing, cards, invitations, stickers, mugs, stamps, candles, posters, signs, home decor, etc. for Non-commercial use only.
✓ Product Packaging for Non-Commercial Use: Licensee may create physical or digital end packaging products for Non-commercial use such as, but not limited to, labels, stickers, or containers, etc. for Non-commercial use only.
✓ Digital Products for Non-Commercial Use: Licensee may create digital end products for non-commercial use such as static designs, static website elements for Non-commercial use only.
✓ Digital or Print Publication for Non-Commercial Use: Licensee may use the Licensed Asset in digital or print publications such as cards, invitations, photo albums, and scrap books, e-books or e-publications, that are for Non-commercial use only.
4.2 - Personal Social Media for Non-Commercial Use
✓ Personal Social Media for Non-Commercial Use: One personal or individual social media account (not on a company or business social media page) for Non-commercial use.
4.3 - Streaming of Motion Picture and Audiovisual Content
✓ Streaming: Streaming via internet only of motion picture and audio visual works, excluding advertisements, is permitted for Non-commercial use only.
Quantity Limitations on Streaming: No limit on lifetime viewers for Non-commercial use.
4.4 - Permitted uses of Audio Clips
✓ Audio Clips:
The license for any Audio Clip shall grant the right to synchronize the Audio Clip in a single Production. A “Production” means: (i) one audio-visual project in which the Audio Clip is synchronized in timed relation with moving or still images; or (ii) one audio-only project in which the Audio Clip is synchronized to narration in the context of a podcast episode, radio documentary, or radio advertisement (each such permitted use inclusive of so-called ‘cut down’ versions thereof).
Except for the PRO-free Audio Clips, in the event any public performance licenses are required in connection with a Licensee’s use of the Audio Clips, the Licensee shall be responsible for obtaining such licenses at its sole expense. In the event the laws of any jurisdiction require that licenses be obtained from collection societies or similar entities for or in connection with activities otherwise authorized under the license agreement, the Licensee shall be responsible for obtaining and paying for such licenses at their sole expense. Licensee will file complete and accurate “cue sheets” with the appropriate Performing Rights Organization(s). This obligation shall apply to all Audio Clips other than the PRO-free Audio Clips.
Licensee may publish productions incorporating Audio Clips on third party "user-generated" content distribution platforms (e.g., YouTube) (each a "UGC Platform"). Licensee may not claim ownership of the Audio Clips or otherwise register any Audio Clips with any UGC Platform even as synchronized with a production
5. PROHIBITED USES (these uses may be available with a commercial license or custom license, contact Ephrazy Graphics to find out more):
5.1 - End Products
✗ All End Products for Commercial use (including, without limitation, physical products, product packaging, digital products, or digital or print publications) are prohibited.
✗ On-Demand Applications (Such as Print-on-Demand and Create-on-Demand Services) for Commercial Use or Non-Commercial Use are prohibited. Any use that allows anyone other than the Licensee, such as an end user to customize a digital or physical end product is prohibited, whether for Commercial use or Non-commercial use. This includes, but is not limited to, “print on demand”, “made to order”, or “download on demand” application.
5.2 - Social Media, Marketing, and Advertisements
✗ Company Social Media: is prohibited for Commercial use or Non-commercial use.
✗ Physical (Printed, Paid or Unpaid) Advertisements: Such as billboards, signage, printed advertisement, etc. are prohibited for Commercial use or Non-commercial use.
✗ Digital (Paid or Unpaid) Advertisements: Internet advertisements such as advertisements served by Google Ads, Bings Ads, Facebook Ads, Linkedin Ad, etc. are prohibited for Commercial use or Non-commercial use.
5.3 - Broadcast and Streaming of Motion Picture and Audiovisual Content
✗ Broadcast and Streaming: (a) Streaming for Commercial use and (b) broadcast for Commercial use or Non-commercial use by any means, including via network, cable, satellite, pay-per-view, video on demand of content including motion picture or audio visual works incorporating the Licensed Asset, including advertisements, is prohibited.
5.4 - Digital Development
✗ Website Software Development, Mobile App Development, Desktop Application Development, and Video Game Development: is prohibited for Commercial use or Non-commercial use.
5.5 - Trademark and Copyright
✗ Trademark: Licensed Asset may not be used as part of a trademark, service mark, design mark, trade-name. In no event does this License Agreement allow Licensee to -- and Licensee shall not seek to -- register, protect, or enforce any trademark or similar rights in the Licensed Asset. Contact Ephrazy Graphics for a custom license if these rights are desired.
✗ 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).
5.6 - Future Technologies
✗ The license is limited to the expressly permitted uses stated in this License Agreement: future-existing technologies and uses are expressly reserved and not included within the scope of the license.
6. STRICTLY PROHIBITED USES. Nothing in this License Agreement grants Licensee any of the following rights, all of which rights are expressly retained:
6.1 - ✗ Resale or Sub-Licensing the Licensed Asset or any modification of it in source file form is strictly prohibited.
6.2 - ✗ Resale or Sub-Licensing of the Licensed Asset 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).
6.3 - ✗ 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.
6.4 - ✗ Use 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 that:
(i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
(ii) may create a risk of any other loss or damage to any person or property;
(iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(iv) may constitute or contribute to a crime or tort;
(v) 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;
(vi) 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);
(vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(viii) contains any information or content that you know is not correct and current; or
(ix) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
6.5 - ✗ Falsely representing authorship and/or ownership of the Licensed Asset is strictly prohibited.
6.6 - ✗ Any other use that is not expressly permitted in Section 4 (Permitted Uses and Quantity/Impression Limitations) is strictly prohibited.
6.7 - ✗ Audio Clips may not be used as follows:
(i) as a musical theme;
(ii) in an audio-only capacity in which Audio Clips is the primary content;
(iii) remixed or otherwise altered, except that Licensee may engage in basic editing (e.g., setting start/stop points, determining fade-in/fade-out points, etc.); or
(iv) in a downloadable form available through the internet or otherwise including making it available via FTP, IRC, peer-to-peer file sharing services or the like.
7. CLIENT, SERVICE PROVIDER, AND OTHER THIRD PARTY USE PROHIBITED (Third party use requires the third party to obtain its own license unless a custom license is purchased)
7.1 - Third Party Use Requires Separate License.
This License Agreement does not permit sublicensing, except as stated in Section 7.2.
7.2 - Limited Sublicensing of End Users Is Permitted.
The restriction above does not prohibit Licensee from sublicensing Licensee’s rights third parties solely to manufacture, or distribute completed End Uses of the Licensed Asset for Non-commercial uses (as expressly permitted herein) when done on behalf of Licensee, provided that Licensee shall at all times ensure compliance with the terms of this License Agreement.
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 ephrazygraphics.com by the Shop Owner and purchased by Licensee.
1. PARTIES TO THE LICENSE AGREEMENT; NUMBER OF USERS (OR SEATS)
1.1 - This License Agreement is an agreement between:
(a) The “Licensee” who is the individual person indicated as the licensee during the purchase process or that person’s employer if that person is acting on the employer’s behalf and with the employer’s authorization
and
(b) Ephrazy Graphics DOO. (“Ephrazy Graphics”) on behalf of the seller (“Shop Owner”) as licensor.
If you are purchasing on behalf of your employer, then only your employer is the “Licensee” and can use the Licensed Asset subject to the terms of this License Agreement; in that case you represent and warrant that you have full legal authority to bind your employer, as the Licensee, to the terms of this License Agreement.
1.2 - The number of individual users 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.
2. ASSET MANAGEMENT
Licensee may only upload the Licensed Asset to (i) a server owned and 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.
3. 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 and Commercial use of the Licensed Asset, as expressly specified in Section 4 (Permitted Uses and Quantity/Impression Limitations).
3.1 - Commercial Use
“Commercial” use 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”.
3.2 - Non-Commercial Use (Personal)
“Non-commercial” use is a use for solely personal purposes; any use that meets the definition of “Commercial use” can not be a Non-commercial use.
4. 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.
4.1 - End Products
✓ 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 5,000 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. Consider an extended commercial license or contact Ephrazy Graphics for a custom license if Licensee requires greater quantities for Commercial use.
4.2 - 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).
4.3 - 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 more than 500,000 lifetime viewers for Commercial use and no limit for streaming via the internet for Non-commercial use.
4.4 - Permitted uses of Audio Clips
✓ Audio Clips:
The license for any Audio Clip shall grant the right to synchronize the Audio Clip in a single Production. A “Production” means: (i) one audio-visual project in which the Audio Clip is synchronized in timed relation with moving or still images; or (ii) one audio-only project in which the Audio Clip is synchronized to narration in the context of a podcast episode, radio documentary, or radio advertisement (each such permitted use inclusive of so-called ‘cut down’ versions thereof).
Except for the PRO-free Audio Clips, in the event any public performance licenses are required in connection with a Licensee’s use of the Audio Clips, the Licensee shall be responsible for obtaining such licenses at its sole expense. In the event the laws of any jurisdiction require that licenses be obtained from collection societies or similar entities for or in connection with activities otherwise authorized under the license agreement, the Licensee shall be responsible for obtaining and paying for such licenses at their sole expense. Licensee will file complete and accurate “cue sheets” with the appropriate Performing Rights Organization(s). This obligation shall apply to all Audio Clips other than the PRO-free Audio Clips.
Licensee may publish productions incorporating Audio Clips on third party "user-generated" content distribution platforms (e.g., YouTube) (each a "UGC Platform"). Licensee may not claim ownership of the Audio Clips or otherwise register any Audio Clips with any UGC Platform even as synchronized with a production
5. PROHIBITED USES (these uses may be available with an extended commercial license or custom license, contact Ephrazy Graphics to find out more):
5.1 - End Products
✗ On-Demand Applications (Such as Print-on-Demand and Create-on-Demand Services). Any use that allows anyone other than the Licensee, such as an end user, to customize a digital or physical end product is prohibited, whether for Commercial use or Non-commercial use. This includes, but is not limited to, “print on demand”, “made to order”, or “download on demand” application.
5.2 - Social Media, Marketing, and Advertisements
✗ Physical (Printed) Advertisements for Commercial Use In National Markets or Global Markets is prohibited: “National” market means any distribution or display of advertisements beyond a 200 mile radius within a single nation/country. “Global” market means any distribution of display of advertisements in more than one nation/country
5.3 - Digital Development
✗ Website Software Development, Mobile App Development, Desktop Application Development, and Video Game Development: is prohibited for Commercial use or Non-commercial use.
5.4 - 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 (1) the Licensed Asset is significantly altered and (2) not the predominant element of the End Use. In no event does this License Agreement allow Licensee to -- and Licensee shall not seek to -- register, protect, or enforce any trademark or similar rights in the Licensed Asset itself which must be disclaimed in any trademark registration. Contact Ephrazy Graphics for a custom license if these rights are desired.
✗ 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).
5.5 - Future Technologies
✗ The license is limited to the expressly permitted uses stated in this License Agreement: future-existing technologies and uses are expressly reserved and not included within the scope of the license.
6. STRICTLY PROHIBITED USES. Nothing in this License Agreement grants Licensee any of the following rights, all of which rights are expressly retained:
6.1 - ✗ Resale or Sub-Licensing the Licensed Asset or any modification of it in source file form is strictly prohibited.
6.2 - ✗ Resale or Sub-Licensing of the Licensed Asset 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).
6.3 - ✗ 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.
6.4 - ✗ Use 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 that:
(i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
(ii) may create a risk of any other loss or damage to any person or property;
(iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(iv) may constitute or contribute to a crime or tort;
(v) 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;
(vi) 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);
(vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(viii) contains any information or content that you know is not correct and current; or
(ix) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
6.5 - ✗ Falsely representing authorship and/or ownership of the Licensed Asset is strictly prohibited.
6.6 - ✗ Any other use that is not expressly permitted in Section 4 (Permitted Uses and Quantity/Impression Limitations) is strictly prohibited.
6.7 - ✗ Audio Clips may not be used as follows:
(i) as a musical theme;
(ii) in an audio-only capacity in which Audio Clips is the primary content;
(iii) remixed or otherwise altered, except that Licensee may engage in basic editing (e.g., setting start/stop points, determining fade-in/fade-out points, etc.); or
(iv) in a downloadable form available through the internet or otherwise including making it available via FTP, IRC, peer-to-peer file sharing services or the like.
7. SUBLICENSING TO THIRD PARTIES IS PROHIBITED WITH LIMITED EXCEPTIONS FOR CLIENTS AND SERVICE PROVIDERS (Third party use requires the third party to obtain its own license unless a custom license is purchased)
7.1 - Third Party Use Requires Separate License.
This License Agreement does not permit sublicensing except for the limited rights to sublicense described below in Section 7.2.
7.2 - Limited Sublicensing Is Permitted.
Licensee may sublicense Licensee’s rights to third parties in only three situations:
(a) to manufacture, market, or distribute completed End Uses (defined above) that use the Licensed Asset (as expressly permitted herein) when done on behalf of Licensee, provided that the sublicense may only be granted on condition that the sublicensee is prohibited from extracting, reproducing or using the Licensed Asset in any other way and Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance. For example, Licensee may use distributors to manufacture or distribute physical products for resale or product packaging; similarly, Licensee may use third party providers, such as hosting providers to host a completed website or website publishers to display completed digital advertisements;
(b) to a service provider serving as Licensee’s subcontractor to provide services to Licensee provided that (i) Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance and (ii) Licensee has purchased a sufficient number of seats for the Licensed Asset Licensee (e.g., each individual person requires a license as stated above); and
(c) to a client of Licensee where Licensee transfers to that client a completed End Use (defined above, such as a completed website, advertisement, product, or product packaging). In this instance, the sublicense may only be granted on condition that the sublicensee is prohibited from extracting, reproducing or using the Licensed Asset in any way other than is necessary in order to exploit the End Use that Licensee provides to the client. Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance.
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 ephrazygraphics.com by the Shop Owner and purchased by Licensee.
1. PARTIES TO THE LICENSE AGREEMENT; NUMBER OF USERS (OR SEATS)
1.1 - This License Agreement is an agreement between:
(a) The “Licensee” who is the individual person indicated as the licensee during the purchase process or that person’s employer if that person is acting on the employer’s behalf and with the employer’s authorization
and
(b) Ephrazy Graphics DOO. (“Ephrazy Graphics”) on behalf of the seller (“Shop Owner”) as licensor.
If you are purchasing on behalf of your employer, then only your employer is the “Licensee” and can use the Licensed Asset subject to the terms of this License Agreement; in that case you represent and warrant that you have full legal authority to bind your employer, as the Licensee, to the terms of this License Agreement.
1.2 - The number of individual users 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.
2. ASSET MANAGEMENT
Licensee may only upload the Licensed Asset to (i) a server owned and 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.
3. 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 and Commercial use of the Licensed Asset, as expressly specified in Section 4 (Permitted Uses and Quantity/Impression Limitations).
3.1 - Commercial Use
“Commercial” use 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”.
3.2 - Non-Commercial Use (Personal)
“Non-commercial” use is use for solely personal purposes; any use that meets the definition of “Commercial use” can not be a Non-commercial use.
4. PERMITTED USES AND QUANTITY/IMPRESSION LIMITATIONS
An “End Use” of a Licensed Asset means use of the Licensed Asset only as expressly permitted below:
4.1 - End Products
✓ 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. Contact Ephrazy Graphics for a custom license if Licensee requires greater quantities for Commercial use.
4.2 - 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), all Licensee owned and managed company social media accounts are allowed for Commercial use. No limit on accounts and pages owned and managed by the Licensee for Commercial use.
✓ Physical (Printed) Advertisements for Commercial Use: Such as billboards, signage, printed advertisement, etc. for Commercial use in Local markets, National markets, and Global 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. “National” market means any distribution or display of advertisements beyond a 200 mile radius within a single nation/country. “Global” market means any distribution of display of advertisements in more than one 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).
4.3 - 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
Quantity Limitations on Broadcast and Streaming: No limit on the lifetime viewers for Commercial use or Non-commercial use.
4.4 - Digital Development
✓ 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).
4.5 - Permitted uses of Audio Clips
✓ Audio Clips:
The license for any Audio Clip shall grant the right to synchronize the Audio Clip in a single Production. A “Production” means: (i) one audio-visual project in which the Audio Clip is synchronized in timed relation with moving or still images; or (ii) one audio-only project in which the Audio Clip is synchronized to narration in the context of a podcast episode, radio documentary, or radio advertisement (each such permitted use inclusive of so-called ‘cut down’ versions thereof).
Except for the PRO-free Audio Clips, in the event any public performance licenses are required in connection with a Licensee’s use of the Audio Clips, the Licensee shall be responsible for obtaining such licenses at its sole expense. In the event the laws of any jurisdiction require that licenses be obtained from collection societies or similar entities for or in connection with activities otherwise authorized under the license agreement, the Licensee shall be responsible for obtaining and paying for such licenses at their sole expense. Licensee will file complete and accurate “cue sheets” with the appropriate Performing Rights Organization(s). This obligation shall apply to all Audio Clips other than the PRO-free Audio Clips.
Licensee may publish productions incorporating Audio Clips on third party "user-generated" content distribution platforms (e.g., YouTube) (each a "UGC Platform"). Licensee may not claim ownership of the Audio Clips or otherwise register any Audio Clips with any UGC Platform even as synchronized with a production
5. PROHIBITED USES (these uses may be available with a custom license, contact Ephrazy Graphics to find out more):
5.1 - End Products
✗ On-Demand Applications (Such as Print-on-Demand and Create-on-Demand Services). Any use that allows anyone other than the Licensee, such as an end user, to customize a digital or physical end product is prohibited, whether for Commercial use or Non-commercial use. This includes, but is not limited to, “print on demand”, “made to order” or “download on demand” application.
5.2 - 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 (1) the Licensed Asset is significantly altered and (2) not the predominant element of the End Use. In no event does this License Agreement allow Licensee to -- and Licensee shall not seek to -- register, protect, or enforce any trademark or similar rights in the Licensed Asset itself which must be disclaimed in any trademark registration. Contact Ephrazy Graphics for a custom license if these rights are desired.
✗ 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).
5.3 - Future Technologies
✗ The license is limited to the expressly permitted uses stated in this License Agreement: future-existing technologies and uses are expressly reserved and not included within the scope of the license.
6. STRICTLY PROHIBITED USES. Nothing in this License Agreement grants Licensee any of the following rights, all of which rights are expressly retained:
6.1 - ✗ Resale or Sub-Licensing the Licensed Asset or any modification of it in source file form is strictly prohibited.
6.2 - ✗ Resale or Sub-Licensing of the Licensed Asset 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).
6.3 - ✗ 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.
6.4 - ✗ Use 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 that:
(i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
(ii) may create a risk of any other loss or damage to any person or property;
(iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(iv) may constitute or contribute to a crime or tort;
(v) 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;
(vi) 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);
(vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(viii) contains any information or content that you know is not correct and current; or
(ix) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
6.5 - ✗ Falsely representing authorship and/or ownership of the Licensed Asset is strictly prohibited.
6.6 - ✗ Any other use that is not expressly permitted in Section 4 (Permitted Uses and Quantity/Impression Limitations) is strictly prohibited.
6.7 - ✗ Audio Clips may not be used as follows:
(i) as a musical theme;
(ii) in an audio-only capacity in which Audio Clips is the primary content;
(iii) remixed or otherwise altered, except that Licensee may engage in basic editing (e.g., setting start/stop points, determining fade-in/fade-out points, etc.); or
(iv) in a downloadable form available through the internet or otherwise including making it available via FTP, IRC, peer-to-peer file sharing services or the like.
7. SUBLICENSING TO THIRD PARTIES IS PROHIBITED WITH LIMITED EXCEPTIONS FOR CLIENTS AND SERVICE PROVIDERS (Third party use requires the third party to obtain its own license unless a custom license is purchased)
7.1 - Third Party Use Requires Separate License.
This License Agreement does not permit sublicensing except for the limited rights to sublicense described below in Section 7.2.
7.2 - Limited Sublicensing Is Permitted.
Licensee may sublicense Licensee’s rights to third parties in only three situations:
(a) to manufacture, market, or distribute completed End Uses (defined above) that use the Licensed Asset (as expressly permitted herein) when done on behalf of Licensee, provided that the sublicense may only be granted on condition that the sublicensee is prohibited from extracting, reproducing or using the Licensed Asset in any other way and Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance. For example, Licensee may use distributors to manufacture or distribute physical products for resale or product packaging; similarly, Licensee may use third party providers, such as hosting providers to host a completed website or website publishers to display completed digital advertisements;
(b) to a service provider serving as Licensee’s subcontractor to provide services to Licensee provided that (i) Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance and (ii) Licensee has purchased a sufficient number of seats for the Licensed Asset Licensee (e.g., each individual person requires a license as stated above); and
(c) to a client of Licensee where Licensee transfers to that client a completed End Use (defined above, such as a completed website, advertisement, product, or product packaging). In this instance, the sublicense may only be granted on condition that the sublicensee is prohibited from extracting, reproducing or using the Licensed Asset in any way other than is necessary in order to exploit the End Use that Licensee provides to the client. Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and remain liable hereunder for any non-compliance.
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