STANDARD AND EXTENDED LICENSE AGREEMENT

DEFINITIONS

File: Photo, vector image, video or any other content offered on the www.depositphotos.com website.

Item for Resale: An item that will be distributed to raise commercial revenue (resale of web templates, T-shirts, books, calendars, etc.).

Note: An item created at the request of a client is not necessarily considered an Item for Resale. However, if a client distributes or intends to distribute such an item to raise commercial revenue, it is considered an Item for Resale. While working on a project for a client, take into account the final use of the item before purchasing a File, to determine the appropriate license to purchase.

Item for Free Distribution: An item that will be distributed to a wide audience without raising any commercial revenue (free web templates, postcards, flyers, giveaways, etc.).

DISTINCTION BETWEEN A "MINOR ROLE" AND "MAJOR ROLE"

The role a File plays in an item is determined by the value the File adds to the item and how much the File influences a customer’s decision to choose this particular item among similar items.

A minor role: A File is considered to play a minor role in an item if the File is an incidental part of the item, does not add significant value to the item and does not influence a customer’s preference for this item.

A major role: A File is considered to play a major role in an item if the File is a primary, defining, or important part of the item, increases the intrinsic value of the item, or influences a customer’s preference for this particular item.

GENERAL PROVISIONS

Each File on the www.depositphotos.com website can be purchased under the Standard License or the Extended License. By purchasing a File the buyer receives a non-exclusive, non-transferable worldwide right to use it within the scope of the purchased license an unlimited number of times.

Follow these simple rules at all times to choose the appropriate license:

1. If a File is used to create an item NEITHER for Resale NOR for Free Distribution, the Standard License is always appropriate.
2. If a File is used to create an item for Resale or for Free Distribution:

• if the File plays a minor role in the item, the Standard License is appropriate;
• if the File plays a major role in the item, the Extended License is appropriate.

If the purchased File is used to create an item NEITHER for Resale NOR for Free Distribution, the role of the purchased File in the item (a minor role or a major role) WON'T matter. For this kind of use the Standard License is always appropriate.

If the purchased File is used to create an item for Resale or for Free Distribution, it is important to identify the role of that File in the item. If the role is a minor role, the File must be purchased by the Standard License. However, if the role is a major role, the File must be purchased by the Extended License only.

EXAMPLES

These examples will make it easier for you to understand whether you need the Standard License or the Extended License:

• You (or your client) want to purchase a File to create an image for a book intended for Resale in stores. If a buyer decides to purchase the book primarily for its content, and not because of its cover or the illustrations inside, the File will play a minor role (Standard License). However, if the book consists primarily of illustrations, then the images are the main reason why the book is purchased; therefore the File plays a major role (Extended License).
• You (or your client) want to purchase a File to create an image to be printed on a T-shirt for Resale in stores, and the File is prominent in the overall design. A buyer decides to buy a T-shirt mostly because of the images, thus the File plays a major role (Extended License).
• You (or your client) want to purchase a File to create an image used in flyers for Free Distribution (for example, an advertisement for an event). If people are primarily interested in the information provided in the flyer, and not in the image used in the flyer’s design, the image plays a minor role (Standard License). This example may also be applied to many other printed items, including, but not limited to: advertising materials; covers or illustrations for books, newspapers, and magazines; business cards; flyers; CD/DVD covers; and product wrappers, labels or packaging; etc.
• You (or your client) want to purchase a File to use it in a program for Free Distribution (via free download) on your website. If customers are interested in the program itself, not in the image that has been used as a part of the design, then the image plays a minor role (Standard License). If the File you are going to purchase will play a major role in the program (for example, a screensaver generator), it is necessary to purchase the File via the Extended License.
• You (or your client) want to purchase a File to use it in the design of an e-card or postcard for Free Distribution, and the item is interesting primarily because of the illustration, the image plays a major role (Extended License).

1. THE STANDARD LICENSE

The Standard License allows the use of the purchased File for the creation of different kinds of items (except Items for Resale or Items for Free Distribution, where the File plays a major role in the item and adds value to it).

Use of a purchased File according to the terms of the Standard License:

Examples of permitted use:

• Digital use: articles or publications on blogs or websites; advertising banners; screen savers; wallpapers; software (for PC or mobile devices); e-cards or e-mails; e-books; presentations (PowerPoint, Flash, etc.); movies, videos or TV advertising; unofficial logos, etc.
• Printed use: advertisements in newspapers or magazines; printed advertising materials; covers or illustrations for books, newspapers, magazines; business cards; flyers; posters; CD/DVD covers; wrappers, labels or product packaging; stationery: folders, notebooks, pens, pencils, stickers; charms; calendars; mugs or glasses; mouse pads; T-shirts, clothing, etc.

2. THE EXTENDED LICENSE

The Extended License allows use of the purchased File to create Items for Resale or Items for Free Distribution where the File plays a major role in the item and adds value to it.

The use of a purchased File according to the terms of the Extended License:

Examples of permitted usage:

• Digital use: templates of advertising banners; web templates; templates of documents; templates of presentations (PowerPoint, Flash, etc.); other templates; screen savers; wallpapers; software (for PC and mobile devices); e-cards or e-mails; e-books; movies or videos, etc.;
• Printed use: books consisting largely of illustrations; posters; stationery: folders, notebooks, pens, pencils, stickers; charms; calendars; mugs and glasses; mouse pads; T-shirts, clothing, etc.

COPYRIGHT NOTICE

If a purchased File is reproduced in mass media (published on a blog or website, in a magazine, in a newspaper or on TV), a copyright notice must be displayed next to the File. This notice must contain the following text: "© Depositphotos.com/[Name or Nickname of the contributor]".

EDITORIAL USE ONLY

Files marked "Editorial Use Only" are sold under a limited Standard License, and are prohibited for commercial use and advertising. These Files may contain images of people without Model Releases, private property, famous trademarks and other protected elements for which Depositphotos may not have the special permissions required for commercial use or advertising.

Examples of permitted uses of "Editorial Use Only" Files:

• Publishing: newspapers, magazines, etc.; articles or publications on blogs or websites; articles in encyclopedias, reference books, non-commercial use related to important events; non-commercial presentations, TV programs; personal use.

Examples of prohibited uses of "Editorial Use Only" Files:

• Any commercial purposes; advertising or marketing items, products, trademark promotions.

OWNERSHIP

The fact of purchasing a File gives the buyer a non-exclusive license for an unlimited period of time on an unlimited territory, without the right to grant or sublicense the File to third parties, and allows use of the File in the creation of any kind of item; however, the author does not abdicate ownership or intellectual property rights to the File. All other rights to the File, including ownership and other intellectual property rights, remain with Depositphotos and/or the contributor of the File.

PROHIBITED USE OF THE FILE

Under NO circumstances can Files be used for the following purposes:

• To make a purchased File available for free downloads;
• To create conditions under which the File may be extracted from a product;
• To transfer or resell to third parties a sublicense or rights to the File;
• To allow third parties access to the File for further use;
• To post an unmodified File in e-format larger than 1600 x 1200 pixels (for images) and 640 x 480 pixels (for videos);
• To create an official logo, company name, or trademark;
• To show a person depicted in the file in a potentially sensitive subject matter that can be treated as offensive or unflattering to this person (e.g. related to mental and physical health issues, social issues, sexual or implied sexual activity or preferences, crime, physical or mental abuse or ailments);
• For pornographic purposes;
• For any illegal purposes;
• For SPAM mailings;
• In items or products used to promote racism or other discriminatory practices that could embarrass the File contributor or a person or model in the File;
• For the use, demonstration, and posting of materials in a way that would lead to the conclusion that the model in the File approves of or endorses the items or services of any venture or trademark.

IF YOU FEEL THE LEAST BIT UNCERTAIN REGARDING WHETHER OR NOT THE USE OF THE FILE IS PERMITTED BY THE TERMS OF ANY LICENSE, PLEASE CONTACT OUR SUPPORT SERVICE FOR A CLARIFICATION BEFORE MAKING YOUR PURCHASE.