This license covers the use of Illustrations when purchased as image files, either individually, or as a pack of Illustrations, or as an add-on to another product. The Illustration Regular License covers use of Illustrations upto a reproduction limit of 450,000. The Illustration Extended License allows you to make an unlimited number of copies.
Table of contents
- What you can do with the Illustration
- What you can’t do with the Illustration
- Other license terms
1.2. You are licensed to use the Illustration in the following ways (Allowed Uses):
(a) to create multiple End Products that incorporate the Illustration as well as other things, so that each End Product is larger in scope and different in nature than the Illustration; 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.
1.3. Allowed Uses have these limitations:
(a) For all uses (except websites), there is a total limit of 450,000 copies across all End Products made with the Illustration (Reproduction Limit). For websites there is no limit on the number of visitors/impressions. (b) You can’t use the Illustration for merchandising. See clause 3.5 for more details. Examples of merchandising include: screensavers, e-cards, physical products like t-shirts, mugs and calendars
2. What you can do with the Illustration
2.1. 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 Illustration as part of the End Product and only for use in that specific End Product. So the Illustration 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.
2.2. You can make copies of End Products (up to the Reproduction Limit). You can distribute End Products through multiple media, and you can make them available online or broadcast them to an unlimited number of viewers.
2.3. You can modify or manipulate the Illustration, or combine the Illustration with other works, to suit each End Product. The resulting works based on the Illustration are subject to the terms of this license. You cannot claim ownership to the Illustration, 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 1.2 and 1.3.
Examples: you can edit, composite or stylize an Illustration to suit your project. See clause 4.6 for more information about ownership rights in the Illustration.
2.4. You and multiple other people within your organization may have access to the Illustration for the purpose granted by this license. Access should only be given to the people working on the End Product(s) incorporating this Illustration.
3. What you can’t do with the Illustration
3.1. While you may create End Products using the Illustration for multiple different clients, you must not allow your clients to extract, repurpose, or reuse the Illustration in any other way. If your clients wish to make full use of the original Illustration themselves and use it within their own separate End Products, they will need to purchase their own license.
For example: You can use the Illustration to create customized flyers for different clients, but your clients can’t then reuse the original Illustration to create their own flyers in the future, without obtaining their own individual license for the Illustration (e.g. by purchasing it themselves, or you purchasing one on their behalf).
3.2. While this license is a multiple use license allowing use in more than one End Product, you must not produce more total copies of End Products (including any client work) than the Reproduction Limit allows. If you need to exceed this limit, you will need to purchase additional license(s) for the Illustration to cover the total amount of copies, or upgrade the license to remove this limit.
3.3. You can’t re-distribute the Illustration as a photo, as stock, in a tool or template, or with source files. You can’t do this with an Illustration either on its own or bundled with other Illustrations, even if you modify the Illustration. You can’t re-distribute the Illustration 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 an Illustration and then re-distribute it as a digital wallpaper or as an image in a stock website template for resale.
3.4. You can’t use the Illustration 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 Illustration in this way only if you purchase a separate license for each final product incorporating the Illustration 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.
3.5. You can’t use the Illustration for merchandising, which means an End Product where the primary value of the product lies in the Illustration itself, including:
(a) an End Product where the Illustration serves as its core component, and where without the incorporation of the Illustration it would not fundamentally differ than any other product of similar nature and use; and/or (b) an End Product where the incorporation of the Illustration is what makes the product fundamentally unique and valuable, and is the main driving factor for the sale of the End Product. For clarity, End Products where skill and effort have been applied to incorporate the Illustration into a larger design (such as with text and other graphics/images) or used as product packaging are not considered merchandising and are Allowed Uses.
For example you can’t print an Illustration out as a poster and sell copies of that poster, as the primary value of the poster is from the Illustration itself. However, you can print an Illustration as a book cover and sell copies of that book, as the primary value of the book is from the writing/contents of the book and not the Illustration itself.
3.6. You must not permit an end user to extract the Illustration and use it separately from the End Product.
3.7. You can’t claim trademark or service mark rights over the Illustration within the End Product.
4. Other license terms
4.1. You can only use Illustrations for lawful purposes. Also, you can’t use Illustrations in connection with defamatory, obscene or demeaning material, or in connection with sensitive subjects.
4.2. Even if the the Illustrations are model-released, you can’t use them in a way that creates a fake identity, or implied personal endorsement of a product by the person.
4.3. You must not use Illustrations in violation of any export laws that apply to you.
4.4. This license applies in conjunction with the Make Fun Creating Terms. If there is an inconsistency between this license and the Make Fun Creating Terms, this license will apply to the extent necessary to resolve the inconsistency.
4.5. This license can be terminated if you breach it and don’t remedy the breach. If termination happens, you must stop using the Illustration, which includes no longer making copies of or distributing the End Products until you remove the Illustration 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.
4.6. The author of the Illustration (Make Fun Creating) retains ownership of the Illustrations but grants you the license on these terms. You can’t claim ownership of the Illustration, even if modified under clause 2.3, for example through content identification systems.
4.7. This license is between the author (Make Fun Creating) of the Illustration and you.
“End Product”: See clause 2.
“Merchandising”: See clause 3.5.
“Allowed Use”: See: See clause 2.
“Reproduction Limit”: See clause 3.5a.
“Limited Sublicense”: The sublicense you may grant to a client under clause 3, granted on condition that use of the Illustration is limited to that use which is necessary in order to use the End Product and the Illustration 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.
Last updated April 11, 2021