License

Subject to the terms and conditions of this agreement, Spoonfull hereby grants the signed client a NON-EXCLUSIVE, PERPETUAL, WORLDWIDE, NON-TRANSFERABLE sublicense to use, reproduce or display the content in accordance with the sublicense option(s) selected by the client described below. The client acknowledges and agrees that, except for the rights specifically sublicensed under this agreement, the client shall not have any right, title or interest in or to, and in any event, shall have no ownership of the content including any copyright and other intellectual property rights.

Basic License—Permitted Use

Subject to the provisions of this agreement (and any other agreements or policies incorporated herein by reference) as well as the restrictions described under Prohibited Uses, the client is granted a NON-EXCLUSIVE SUBLICENSE and may reproduce, publicly display, make certain works derived from, and distribute the content for the uses permitted below, and may distribute such works, subject to the following limits:

  1. an unlimited number of advertising, editorial and promotional projects, including hard copy printed materials, product packaging, presentations, advertising, editorial and promotional purpose film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (i.e. NOT for resale, license or other distribution);
  2. an unlimited number of impressions for the purpose of online, electronic, and mobile publications and mobile applications, including web pages and advertising, promotional and editorial projects; and
  3. an unlimited number of impressions, but only in a modified or derivative form, for the purpose of online, electronic, and mobile publications and mobile applications, including web pages and advertising, promotional and editorial projects, to a maximum long edge of 1500 pixels regardless of it being landscape or portrait unless specifically requested for this project.

Unless the client licenses the largest size image available (and in turn receives an Extended License), the client may NOT do anything with the content that is not expressly permitted in the next paragraphs. For greater certainty, the client may not:

Extended License—Permitted Uses

The extended license applies to clients who purchase large or the largest image sizes. The client is granted the rights available under the Basic License, in addition to and as amended by the rights and uses associated with the applicable Extended License. In each case, the client will be required to pay an appropriate additional fee for requested usage under an Extended License. An Extended License may be acquired by the client to reproduce, publicly display, make certain works derived from, and distribute the content for the uses permitted below, and may distribute such works, subject to the following limits:

  1. Products for Rescale License
    1. incorporation, but only in a modified or derivative form, into non-paper products such as mugs, T-shirts and other apparel items, mouse pads, games (electronic, computer and all other media) toys, entertainment goods, framed artwork, or packing for the same, up to 25,000 impressions, for resale or other distribution for profit;
    2. incorporation, but only in a modified or derivative form, into paper and print products such as posters, calendars, cards, stationery items and stickers, up to 25,000 impressions, for resale or other distribution for profit; and
  2. Electronic Products for Resale License
    1. For modified or derivative products in downloadable, electronic or digital format intended for multiple distribution (unlimited copies), including screensavers, web site templates, presentation templates, wallpapers, application or other software products and templates, e-greetings, applications (other than games) and Content used on or in connection with mobile devices, including but not limited to mobile telephones and personal digital assistants, for resale or other distribution for profit.
  3. Multi-Seat (Unlimited)
    1. Allows for an unlimited number of users to install or use the content within your company/organization, provided all such users are either employees or agree with Spoonfull to be bound by this agreement, and that you remain liable for all use by such additional users.
    2. In addition to the rights granted under each of the license options above, the client shall have the right to transfer files containing the content or permitted derivative works to employees, or have the content reproduced by subcontractors, provided that such employees and subcontractors agree to abide by the restrictions of this agreement.
    3. The client may also convey to a third party (such as a printer) temporary copies of the content that are integral to the work product and without which the work product could not be completed. Third parties, employees and subcontractors shall have no further or additional rights to use the content and shall not access or extract it from any other file provided. The client may also create a digital library, network configuration or similar arrangement to allow the content for the purpose of allowing such content to be viewed by its employees, partners and clients.