Fotor Extended Commercial License

Any image offered for licensing on the Fotor Market under Extended Commercial License may only be used in compliance with these License Terms.

1. Definitions

In these License Terms the following definitions apply:

1.1 "Licensee" means the entity or natural person purchasing a license of image from Fotor.

1.2 "User" means any employee or subcontractor of Licensee who: (i) downloads, manipulates, edits, modifies or saves the digital file containing the Licensed Material; (ii) is otherwise directly involved in the creative process utilizing the Licensed Material; or (iii) incorporates the Licensed Material within any derivative work.

1.3 "Licensed Material" means any still image, whether generated optically, electronically, digitally or by any other means, made available to Licensee by Fotor under the License Terms.

1.4 "Licensee Work" within the meaning of these License Terms is an end product or service that has been created by or on behalf of Licensee using independent skill and effort and that incorporates a Reproduction of the Licensed Material as well as other material.

1.5 "Reproduction" and "Reproduce" mean any form of copying or publication of the whole or part of any Licensed Material, via any medium and by whatever means, the distortion, alteration, cropping or manipulation of the whole or any part of Licensed Material, and the creation of any derivative work from, or that incorporates, Licensed Material.

1.6 "Commercial Use" within these License Terms means the use of the Licensed Material in connection with the operation of a business and/or any advertorial use.

1.7 "Editorial Use" means the use of the Licensed Material in connection with events that are newsworthy or of general interest. The use shall be within the context of editorial or journalistic print and online articles, i.e. text-based publications and contributions which use the Licensed Material to explain and/or illustrate their respective content, or to use the Licensed Material to disseminate information.

1.8 "Royalty-free" means the right to use any Licensed Material is based on a one-time payment of the license fee and that no further royalties have to be paid. The Licensed Material can, therefore, be used for an unlimited number of times subject to these License Terms without the need to purchase any additional licenses.

1.9 "Multi-seat" means in a company or organization multiple persons, namely employees or anyone who agrees to abide by the restrictions of these License Terms, may use the Licensed Material. Therefore a "Multi-seat" license includes the right to transfer files containing Licensed Material or permitted derivative Licensed Materials to the above mentioned persons within a company or organization.

1.10 "Resale / Resell" within these License Terms means incorporating the Licensed Material into the merchandise for sale or distribution (except for "print on demand"), including clothing, artwork, magnets, posters, online or paper greeting cards, mugs or T-shirts, provided that the merchandise contains text or written words and the Licensed Material constitutes only part of the whole value in the merchandise.

2. License Terms

2.1 In compliance with the License Terms, Fotor grants a worldwide, non-exclusive, nontransferable, non-sub-licensable right to use Licensed Material in whole or in parts in perpetuity in a private sphere as well as for commercial purposes. This License includes the right to reproduce, to present, to make available and to perform in public, to alter, to edit and to exploit, publish or disseminate Licensed Material subject to these License Terms.

2.2 When creating Licensee Work or when using a Licensed Material for a Commercial Use, the right to process the respective Licensed Material is also granted as part of these License Terms. The same applies to the right to subsequently exploit the Licensee Work or the Commercial Content containing the Licensed Material.

2.3 This Extended Commercial License is granted "Royalty-free".

2.4 This is a "Multi-seat" license. For the avoidance of doubt, if this "Multi-seat" license is granted to a natural person instead of a company or organization, the license is limited to a single-seat use.

2.5 Unlimited Print Run: The distribution of print publications and the Licensee Work in physical form is permitted without limitation in number of copies.

2.6 Unlimited Digital Use: The right to use Licensed Material digitally in accordance with these License Terms is granted without limitation. In particular, the use on social media platforms and mobile and/or web applications or blogs is allowed.

2.7 As part of the Extended Commercial License, there is no obligation to indicate the copyright owner and Fotor as the source of a Licensed Material.

2.8 The Extended Commercial License allows the Resale defined in the License Terms. For avoidance of doubt, the Licensed Material itself (on a stand-alone basis) is not allowed for resale under any circumstances. Otherwise it is considered as sub-licensing and as violation of the License Terms.

3. Prohibited Use

As part of the Extended Commercial License and unless Fotor gives its prior written consent, the following uses are PROHIBITED:

3.1 Use a Licensed Material other than as specified in these License Terms.

3.2 Resell, redistribute, provide access to, share or transfer Licensed Material. This restriction includes in particular and above all products exclusively or mainly depicting the Licensed Material, i.e. on which the Licensed Material is used without any textual reference, such as being linked to script or other graphic elements.

3.3 Publicly display a Licensed Material as a digital file on the internet or in digital format without imposing technical or written restrictions intended to prevent the use of such Licensed Material by third parties. Activate the "right-click" function in Licensed Material to enable the download or enable the use of Licensed Material by third parties.

3.4 Use the Licensed Material in connection with content that is offensive, defamatory, racist, pornographic, youth protection law infringing or glorifies violence, or in connection with any other manner of illegal content. This applies in particular with regard to the persons depicted in the Licensed Material.

3.5 Use a Licensed Material in a manner that infringes upon any third party's trademark or other intellectual property rights, or would give rise to a claim of deceptive advertising or unfair competition.

3.6 Use Licensed Material (in whole or in part) as a trademark, service mark, logo, or other indication of origin.

3.7. Falsely represent, expressly or by way of reasonable implication, that Licensed Material was created by any other person other than the copyright owner(s) of that Licensed Material.

If there are any uncertainties whether a determined use is covered by this license, the Licensee or Users shall immediately contact Fotor at support@Fotor.com.

4. Termination

4.1 The rights herein granted to use Licensed Material are subject to these License Terms and are conditioned upon payment of the respective license fee to Fotor.

4.2 In case of payment default or breach of these License Terms the right to use the respective Licensed Material in any way and for any purpose shall lapse immediately. All statutory rights under the applicable law shall remain unaffected.

Last update: 26 Aug, 2015