Question about a "End User License Agreement" for clip art.

[DeonCarpenter 0]

I just bought a package of clip art, great stuff, but after reading the End User License Agreement I am worried I can even use the stuff.  I bought it to print and sell the graphics applied and unapplied using one or more of the graphics at a time. This user agreement reads to me like I can't sell anything I can only use it in my personal or my business only. 

I.E. I can put it on my own truck but couldn't put it on customer's truck.

The way this reads to me even if I had it on my truck and someone took a picture of it I would be violation the license.

Let me know what you think.

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End User License Agreement (ENG)

The following is a legal agreement between you and the **********, as a representative name of the exclusive/copyright owner, namely **********. Read this agreement carefully before using the disc or downloaded image(s). By breaking the CD-ROM seal or downloading an image and/or software from this disc or website, you agree to be bound by the terms of this agreement.

If you are entering into this agreement on behalf of your employer, the license granted and restrictions and limitations recited herein apply to your employer as well as to you as a representative of your employer. Should you cease working for your employer, your employer may continue to operate under this agreement.

The contents of this CD or download image/package are proprietary and copyrighted by *********. All rights are reserved. When you purchase this ********* product, ********* grants you a non-exclusive, non-transferable license to use and modify the images on this disc in your personal and professional work which includes live presentations and printed materials such as displays, advertisements, promotional campaigns, brochures and newsletters, subject to the restrictions contained herein. You may not rent, transfer, or grant any rights to the images contained on this CD, or any compilation, derivative or collective work containing such images to any other person or organization without the prior written consent of *******. You may not use this ********product on more than one computer or workstation at a time, nor on a network or multi-user system.

The following uses of the images are not permitted:

1. You may not make (or allow anyone else to make) any form of copy, whether printed, photographic, digital and/or other modality of any of the images on this disc or download package, except in the use of the image or images in your personal or professional work as specified above. The disc may not be copied in its entirety except for backup purposes.

2. You may not loan, rent, transfer or grant any rights to the images contained hereon, or any compilation, derivative or collective work containing such images to any other person or organization without the prior written consent of *******.

3. You are expressly forbidden from posting any image or images from this disc on any electronic bulletin board.

4. You may not use or permit the use of the image(s), or any part thereof, as a trademark or service mark, or claim any proprietary rights of any sort in the image(s) or any part thereof.

6. You may not use, or allow anyone else to use any of these images in any pornographic, libelous or defamatory use.

All images contained in the disc/download package are owned by ********and are protected by United States Copyright laws, international treaty provisions, and other applicable laws. No title to or intellectual property rights to the images or the disc are transferred to you. ********retains all rights not expressly granted by this license agreement.

You shall retain total control and possession of all times of the images and materials and shall not allow the images to fall in the possession of any third party who is not licensed by this Agreement.

[BannerJohn 1,324]

I interpret that to mean that only YOU have the right to use the images. You can't copy the disc or sell the images to anyone else. It plainly states that you can use the images in your professional capacity...and

"grants you a non-exclusive, non-transferable license to use and modify the images on this disc in your personal and professional work which includes live presentations and printed materials such as displays, advertisements, promotional campaigns, brochures and newsletters"

Printed material and displays,and advertisements would be any signs that you make for others.

Thats just my take on it based on research I have done.

One question...does the CD state anywhere that the images are royalty free?

[mabscotthandyman 1,410]

this is clearly a legal right to keep the purchaser from copying or selling the copyright material to other end users and cutting the seller (Copyright holder) out of potential sales or profits. you have the right to use your self in any form

[Guest stunad, jr.]

If you don't mind me asking, What was the clipart DVD you bought?

[DeonCarpenter 0]

BannerJohn it didn't say anything about Royalty free.  I copied everything to the post. It was a $300 download not a CD.

[Guest stunad, jr.]

BannerJohn it didn't say anything about Royalty free.  I copied everything to the post. It was a $300 download not a CD.

Gulp 

for $300 I would sell the s#*t out of them!!!!!! 

[BannerJohn 1,324]

some say royalty free,some don't. But according to the EULA, you don't have to pay royalties. Just use them any way you want as long as you don't copy and sell them for others to use.

$300 sounds like an awful lot for something you don't even get a hard copy of.

[moparmutt 0]

With that much invested, I would save a copy of them to a disk or external hard drive. That way if the pc ever failed you still have them.

Must a been a big download.

[DeonCarpenter 0]

I did a hard copy backup.  It was 2.28 Gigs, 28378 files, and took half a day to download. 

[DeonCarpenter 0]

I just looked through their website and found this agreement there.  It sounds a lot better but is not the same as then one that came with my download.

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Royalty Free License Agreement

(Stanart License)

In a nutshell: We are the producers of the images, and our company is the possessor of rights to them. The licenses are pure royalty-free with no strings attached and have no limitations of any kind except for reselling. You are eligible to use them for your own or your clients' design works of any kind, including websites, logos, banners, printed materials, t-shirts, stickers, mugs etc. It is expressly forbidden to resell the images, neither in their genuine EPS format, nor in any other file format.

1. ******** (Licensor) produce, own and distribute vector clipart images (Product). All Images presented on the ****** website are protected by international copyright laws and treaties. All rights, including the copyright to the Product are reserved by the Licensor. The Licensor warns and represents that: ********company is the copyright owner and the authorized licensor of all Products licensed under this agreement.

2. Licensor retains titles and ownership of the Product, and gives up no legal rights as part of this agreement.

3. Licensee will pay to Licensor a one-time lifetime fee specified in the purchase invoice.

4. Licensee may not sell or distribute the Product via any physical or electronic method (such as diskette, CD-ROM, paper printing, e-book or any other technology not specifically named in this document).

5. Licensee acknowledges that unauthorized reproduction of copies of the licensed material may constitute a serious crime, and that such actions may also result in a suit for damages, injunctive relief, and attorney fees, pursuant to this agreement and to other rights that the licensor may have. It is understood, not withstanding any other provisions of this agreement that the licensor has the unequivocal right to obtain timely injunctive relief to protect Licensor's proprietary rights.

6. Licensee may not alter the Products to make them appear to be the copyrighted property of anyone other than Licensor's. Licensee is allowed to alter images to make them suitable for one's own needs.

7. The Product is royalty-free. There are no per-image costs, royalties, or extra payments charged for usage of the Products.

8. This agreement will be binding on any successors of the parties. Licensee does not have the right to assign its interests in this agreement to a third party, unless the prior written consent of Licensors is obtained. Licensee may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, the Product or the right to use the Product. In addition, the work you produce with the Product must be used for yourself, your direct employer, client, or customer, who must be the end user of your work. You agree to take all commercially responsible steps to prevent third parties from duplicating Product.

9. Licensor shall be under no obligation to refund your purchase fee under any circumstances. However, if Licensors determine that you are entitled to a full or partial refund of your subscription fee, such refund will only be made to the credit card account originally used for purchasing the license.

10. Neither Licensor nor any of their directors, officers, employees, partners or agents shall be liable for any damages, whether direct, indirect, consequential, or incidental, arising out of the use of, or the inability to use, any Product. Your use of this website means you agree to the terms of use.

Special Permissions

1. You are permitted to use the images for the following: graphic design, web design, logo design, photo design, digital printing, scrapbooking design, screen printing, embroidery design, tattoo design, routing, engraving, vinyl cutting and sublimation printing.

2. You are permitted to create low resolution thumbnail images of our artwork for use as a marketing tool of your products and services including, but not limited to selling t-shirts, vinyl decals, etc. In this case a visible copyright notice crediting ********as the owner of the images in obligatory.

If you do not agree with these terms, you should not use the files herein, and/or purchase any of the Products.

Updated October 19, 2008

Additional Rights

(Special Use License)

Besides the Standard licence, we offer two additional methods of licensing for our products application:

1. Partial Non-Exclusive License gives you the same rights as those listed above. In addition, a user becomes eligible for SELLING, RESELLING and PUBLISHING our products as separate compilations or as supplements to one's own products. However, this type of license has a field-of-use restriction and refers only to one certain range of application.

(For example, the images can be used only as a supplement to software products, tattoo design or in any other single field). The user is not eligible to use our products in more than one field of use at the same time.

2. Non-Exclusive License. NO RESTRICTIONS are applied to those who purchases such a license, except for the restriction to sell or resell exclusive rights to third parties. The user is allowed to resell file compilations, high-resolution files, vector files, and those may be used in any field of application.

[BannerJohn 1,324]

you worry too much. Life is short.

[JoeDirt 5]

you worry too much. Life is short.

yeah LOL

[Muttley 0]

I say use them!  Though I am no attorney. 

For the price that you paid, you will need to.

Before you ever got into too much trouble, some one would ask that you stop first. 

If that ever happens, then you stop using the art and move on.

[JoeDirt 5]

my 2 cents

you can use the designs and cut print what ever you want with them and sell that product.

you can alter the design with your custom artwork and sell that as a decal shirt etc... you cannot take the altered image and copyright it and call it yours because it has part of the original design still in it.

you should be able to use the design and subcontract the work out, meaning you will still be reselling the final decal tshirt etc..

you can not give away any images or the whole disc or repackage it for resale.

you still cannot reproduce for sale any thing officially licensed such as snoopy, Disney, Harley if any of those came on the disc you can only use those for personal use.

something like that