Commercial License - Terms of Use  
[Updated on November 8, 2010]
These terms and conditions are subject to change at any time. Changes will be applied retroactively, applying to all products purchased under this and/or any previous terms and conditions. The most current terms and conditions can be found at http://www.photoDUDS.com.
General Intent:
photoDUDS PRODUCTS are intended for photographers and their individual studio to create printed pieces and marketing materials for their studio. photoDUDS PRODUCTS are NOT intended to alter and make products to sell to others.
By purchasing and/or using these products, you agree to the following terms:
This use agreement pertains to purchase of a Commercial License ("LICENSE" and other forms: "LICENSES", "LICENSED", "LICENSING").
The graphic files contained in photoDUDS DVDs, CDs or digital downloads are products ("PRODUCTS") of the original designer ("ORIGINATOR") and are being distributed by photoDUDS ("LICENSOR"). The purchaser of a LICENSE ("LICENSEE") of these PRODUCTS may use, copy, and modify these PRODUCTS to create resale items and marketing materials as defined below.
These PRODUCTS are LICENSED to the LICENSEE only, and are not to be shared, loaned, rented, resold, distributed, transferred, or posted across a bulletin board, network, modem, Internet or web page in their full or partial original form. The LICENSEE has a LICENSE to create derivative designs using the PRODUCTS, but is not LICENSED to re-distribute them in their full or partial original format. DERIVATIVE WORKS created from these PRODUCTS are solely to be used by LICENSEE and must abide by all these terms.
These PRODUCTS and DERIVATIVE WORKS may be installed onto or shared among a maximum of 5 individual computers owned by said LICENSEE.
LICENSEE may not make copies of the PRODUCTS on any electronic or physical medium (including CDs, diskettes, or other storage medium) for reasons other than back-up purposes. Do not share the PRODUCTS with anyone.
The following applies to all PRODUCTS excluding DUDdrops:
• LICENSEE may design derivative work and may personally sell such work to the final recipient for profit as a result of their design work using the LICENSED materials.
• LICENSEE may use design derivatives for marketing purposes of their own business.
Examples of correct usage:
• Resale of design derivatives as completed cards or albums with LICENSEE’S photographs in a flattened [.jpeg or .tif] format.
• Resale of design derivatives in printed format to end user.
Examples of incorrect usage:
• Consumer or commercial resale of the PRODUCTS in original form.
• Use of the content for any harmful, pornographic, racial material, or material that may be deemed harmful/offensive to another person.
• Creation of design derivatives for sale or delivery to a party between LICENSEE and final recipient. An example would be a studio, group, lab, or individual that produces design derivatives for other studios, groups, labs, or individuals who are not the final recipient of the design derivatives.
• Multi-location organization distributes, shares, and/or installs PRODUCTS and/or DERIVATIVE WORKS on more than 5 computers and/or networks within their locations.
The following applies only to DUDdrops PRODUCTS:
• LICENSEE may design derivative work for their own personal/commercial use with the LICENSED materials.
• LICENSEE may use design derivatives for marketing purposes of their own business.
Examples of correct usage:
• Design derivatives as backdrops to be used by LICENSEE.
Examples of incorrect usage:
• Resale of design derivatives in printed or digital format.
• Consumer or commercial resale of the PRODUCTS in original form.
• Use of the content for any harmful, pornographic, racial material, or material that may be deemed harmful/offensive to another person.
• Creation of design derivatives for sale or delivery to a party between LICENSEE and final recipient. An example would be a studio, group, lab, or individual that produces design derivatives for other studios, groups, labs, or individuals who are not the final recipient of the design derivatives.
• Multi-location organization distributes, shares, and/or installs PRODUCTS and/or DERIVATIVE WORKS on more than 5 computers and/or networks within their locations.
LICENSEE hereby acknowledges that LICENSEE is LICENSING the PRODUCTS for commercial use as described herein. LICENSEE hereby agrees to pay liquidated damages to LICENSOR in the amount of $5,000.00 for any use not covered herein. In addition, should LICENSOR incur any attorney fees or other costs in collecting and/or enforcing this liquidated damages provision, LICENSEE agrees to reimburse LICENSOR for all such fees and/or costs. The parties acknowledge that the liquidated damages set forth herein are reasonable in amount.
Copyright Policy:
All copyrights to all original files, elements, graphics, and kits (PRODUCTS) are retained by the ORIGINATOR with all rights reserved. No copyrights are inferred or transferred to LICENSEE or any party LICENSEE may sell to.
Unauthorized Use:
It is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner. This LICENSE is not transferable in any way, shape, or form.
Special licensing arrangements may be available, contact photoDUDS.
Any questions or concerns may be directed to photoDUDS (304)-369-1443.
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