Regular License (Applies to photographs only, no compositional edits)
1. The Belinda Antonenko Photography Regular License grants you, the purchaser, an ongoing, non-exclusive, commercial, worldwide license to make use of the photograph you have chosen, on the following terms.
2. You are licensed to use the photograph to create multiple End Products that incorporate the photo so that each End Product is larger in scope and different in nature than the original and to communicate, broadcast, display, distribute to the public, and reproduce those End Products in any and all media and for all uses, subject to these terms and conditions.
3. You can modify or manipulate the photo, or combine the photo with other works, to suit each End Product.
4. 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 photograph as part of the End Product and only for use in that specific End Product. The photo 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 all these terms. If your client wishes to make full use of the original photo themselves and use it within their own separate End Products, they will need to purchase their own license.
5. You and multiple other people within your organisation who are working on the End Product(s) incorporating this photo may have access to the photograph for the purpose granted by this license.
6. This license contains the following restrictions:
(a) For all uses (excluding websites), there is a total reproduction limit of 500,000 copies across all End Products made with the photo (including any client work). If you need to exceed this limit, you will need to purchase additional license(s) for the photograph to cover the total amount of copies, or buy an Extended License to remove this limit. For websites, there is no limit on the number of visitors/impressions.
(b) You cannot use the photograph for merchandising, where an End Product's primary value of the product lies in the photograph itself, including:
(a) an End Product where the photo serves as its core component, and where without the incorporation of the photo would not fundamentally differ than any other product of similar nature and use; and/or
(b) an End Product where the incorporation of the photo is what makes the product fundamentally unique and valuable, and is the main driving factor for the sale of the End Product.
If you wish to sell a design you have made that has a photo incorporated into it, you will need to purchase an Extended License.
(c) You must not permit an end user to extract the photo and use it separately from the End Product.
(d) You cannot re-distribute the photo as stock, even if you have modified it. This is not allowed even if the
re-distribution is for free.
(e) You can’t use the photo in any application which allows 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 photo in this way only if you purchase a separate license for each final product incorporating the photo that is created using the application. The multi-use nature of this license is not intended for this type of “on demand” use.
7. I retain all ownership of the photo but grant you the license on these terms. You cannot claim trademark, ownership or service mark rights over the photo within the End Product, even if it has been altered.
8. You can only use the photo for lawful purposes. Also, you can’t use photo in connection with defamatory, obscene or demeaning material, or in connection with sensitive subjects.
9. Even if the the photo is model-released, you can’t use it in a way that creates a fake identity, or implied personal endorsement of a product by the person without permission from the model.
10. You must not use the photograph in violation of any export laws that apply to you.
11. This license can be terminated if you breach it and don’t remedy the breach. If termination happens, you must stop using the photograph, which includes no longer making copies of or distributing the End Products until you remove the photo 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.