Seriously: this is a legal document. Easy to read? Yes. A valid license with legal effect? Yes indeed!
Read this license to learn about the terms that apply.
FortyandDeuce is owned and operated by GAUK Media 300 Pomona Road, Ruby Bay, Tasman New Zealand
The low-down! The nuts and bolts of this license
1.The FortyandDeuce Commercial License grants you, the purchaser, an ongoing, non-exclusive, commercial, worldwide license to make use of the digital image (Item) you have selected, on the following terms.
2.You are licensed to use the Item in the following ways (Allowed Uses):
- (a)to create multiple End Products that incorporate the Item as well as other things, so that each End Product is larger in scope and different in nature than the Item; and
- (b)to communicate to the public (perform), broadcast, display, distribute, and reproduce those End Products in any and all media and for all uses, subject to the terms and restrictions in this license.
Examples of End Products: publications, signage, packaging, websites, games, apps, presentations, online videos, films, TV shows and advertisements, posters, t-shirts and other merchandise.
Go for it! Things you can do with the Item
3.You can create one or more End Products for yourself, your employer, or a client. If you create an End Product for a client, then the client is granted a Limited Sublicense to the Item as part of the End Product and only for use in that specific End Product. So the Item itself must not be extracted, reproduced, or used in any other way. You must inform your client of this condition and they must also agree to these terms.
4.You can make unlimited copies of End Products. You can distribute End Products through multiple media, and you can make them available online or broadcast them to an unlimited number of viewers.
5.You can modify or manipulate the Item, or combine the Item with other works, to suit each End Product. The resulting works based on the Item are subject to the terms of this license. You cannot claim ownership to the Item, whether it’s in original form or altered under this clause. You can do the things allowed in this clause as long as each End Product you then create is one that’s permitted under clause 2.
Examples: you can edit, composite or stylize an image to suit your project. See clause 17 for more information about ownership rights in the Item.
6.You and multiple other people within your organization may have access to the Item for the purpose granted by this license. Access should only be given to the people working on the End Product(s) incorporating this item.
7.You can use the Item for merchandising, which means an End Product where the primary value of the product lies in the Item itself. While merchandising use is allowed you still can’t use the Item in stock templates or on-demand applications as per Clauses 9 and 10.
For example you can use the photo on a mug, poster, t-shirt, or other merchandising product you sell copies of. However, you still can’t allow multiple end users to customize and print their own merchandise using the photo via an online service, or sell copies of the photo as part of a stock item or template.
Whoa there! Things you can’t do with the Item
8.While you may create End Products using the Item for multiple different clients, you must not allow your clients to extract, repurpose, or reuse the Item in any other way. If your clients wish to make full use of the original Item themselves and use it within their own separate End Products, they will need to purchase their own license.
For example: You can use the photo to create customized flyers for different clients, but your clients can’t then reuse the original photo to create their own flyers in the future, without obtaining their own individual license for the photo (e.g. by purchasing it themselves, or you purchasing one on their behalf).
9.You can’t re-distribute the Item as a photo, as stock, in a tool or template, or with source files. You can’t do this with an Item either on its own or bundled with other items, even if you modify the Item. You can’t re-distribute the Item as-is or with superficial modifications. These things are not allowed even if the re-distribution is for free.
For example: You can’t license a photo and then re-distribute it as a digital wallpaper or as an image in a stock website template for resale. If you’re an FortyandDeuce author you can use other items in your item’s preview without a license, under conditions.
10.You can’t use the Item in any application allowing an end user to customize a digital or physical product to their specific needs, such as an “on demand”, “made to order” or “build it yourself” application. You can use the Item in this way only if you purchase a separate license for each final product incorporating the Item that is created using the application. The multi-use nature of this license is not intended for this type of “on demand” use.
Examples of “on demand”, “made to order” or “build it yourself” applications: online custom apparel or product printing services, “create your own” slideshow apps, and e-card generators. You will need one license for each product created by a customer, or contact us to discuss.
11.You must not permit an end user to extract the Item and use it separately from the End Product.
12.You can’t claim trademark or service mark rights over the Item within the End Product.
The nitty gritty! Other license terms
13.You can only use the Item for lawful purposes. Also, you can’t use Item in connection with defamatory, obscene or demeaning material, or in connection with sensitive subjects.
14.Even if the the Item is model-released, you can’t use it in a way that creates a fake identity, or implied personal endorsement of a product by the person.
15.You must not use the Item in violation of any export laws that apply to you.
16.This license can be terminated if you breach it and don’t remedy the breach. If termination happens, you must stop using the Item, which includes no longer making copies of or distributing the End Products until you remove the Item from them. This license can also be terminated for only the End Products to which a breach relates (rather than all End Products). In this case, this clause applies only to those End Products.
17.The author of the Item retains ownership of the Item but grants you the license on these terms. You can’t claim ownership of the Item, even if modified under clause 5, for example through content identification systems.
Example: if you use an image synced in a video, you can’t claim rights to the image (eg through applying “ContentID” or similar systems to the image/video).
18.This license is between the author of the Item and you. GAUK Media is not a party to this license or the one giving you the license.
|End Product||See clause 2.|
|Merchandising||See clause 7.|
|Allowed Use||See clause 2.|
|Limited Sublicense||The sublicense you may grant to a client under clause 3, granted on condition that use of the Item is limited to that use which is necessary in order to use the End Product and the Item must not be extracted, reproduced or used in any other way.|
|you||Yourself or your business entity. For an employee acting on behalf of an organization, that organization.|
Revision date: 15 May 2020