User License

License


A License grants you, the purchaser/subscriber, an ongoing, non-exclusive, worldwide license to make use of the digital work (Item) you have downloaded. Read the rest of this license for the details that apply to your use of the Item. 


Licensee may use the Digital Media Files on a server, image library or network configuration to be viewed by Licensee provided that no more than 1 user of Licensee can access the Digital Media Files, If you need membership plan which allows access to more than 1 user, you contact us for a discounted rate (This includes part-time and freelance users, employees or agents). 


You may not rent, lease, lend, sell or sub-license the Digital Media Files to another person, company or other entity. Anything you produce using the Digital Media Files must be for your own use, or for the use of your employer, client or customer, who must be the end-user of your work. Please contact Mypancho for a multi-seat site license if you need to use the Digital Media Files over a network for multiple users.


ALLOWED USAGE
You are licensed to use the Item to create multiple End Products for yourself or for your clients ( “multiple applications”), and the End Products may be Sold. Free or commercial, monetized or not, for-profit or not-for-profit – you can create as many End Products as you like! 

An End Product is one of the following things, both requiring an application of skill and effort. 

(a) For an Item that is a template, the End Product is a customized implementation of the Item.

For example, the item is a video template and the end product is the personalized finished video Ad for your client. 

(b) For other types of Item, an End Product is something that incorporates the Item as well as other things, so that it is larger in scope and different in nature than the Item. 

For example, the item is a document and the end product is a customized and personalized document for your client. 

Examples of End Products: DVDs, websites, games, presentations, online videos, corporate videos, films, TV shows and advertisements. 

The license includes the right to utilize the Item through communication to the public (performance), broadcast, display, distribution, and reproduction. 

THINGS YOU CAN DO WITH THE ITEM


You can create an End Product for a client. 

You can Sell and make any number of copies of the End Product. 

You can modify or manipulate the Item. You can combine the Item with other works and make a derivative work from it. The resulting works are subject to the terms of this license. You can do these things as long as the End Product you then create is one that’s permitted our allowed usage above. 

For example: you can download a video template, customize, edit and manipulate it and add your own elements to create a video Ad that's used for advertising. 

You can make any number of copies of the End Product. You can distribute the End Product through multiple media, and you can make it available online or broadcast it to an unlimited number of viewers. 

You can modify or manipulate the Item, or combine the Item with other works, to suit your End Product. The resulting works based on the Item are subject to the terms of this license. You cannot claim ownership to the Item, whether it’s in original form or altered under this clause. You can do the things allowed in this clause as long as the End Product you then create is one that’s permitted. 

All items have the same simple license terms. You get broad commercial rights, so you can use items with confidence on work or personal projects. Some common-sense limitations do apply, as set out below: 

You can't re-sell, or re-distribute items as-is; 

You can't use items in on-demand services; and Remember, if you want to use an Item you must have a valid and active subscription. 

If you transfer an End Product to a client, you do so by sub-licensing these license rights in any Item within that End Product.
The sub-license must only be granted on condition that use of the Item is limited to that use which is necessary in order to use the End Product, so the Item must not be extracted, reproduced or used in any other way.

THINGS YOU CAN'T DO WITH AN ITEM


You can’t use an Item to create an End Product after your subscription ends. If you’ve downloaded an Item (such as a video template) on your device, you need to delete the Item once your subscription ends. 

You can’t re-distribute the Item as stock, in a tool or template, or with source files. You can’t do this with an Item either on its own or bundled with other items, and even if you modify the Item. You can’t re-distribute or make available the Item as-is or with superficial modifications. These things are not allowed even if the re-distribution is for free. 

You can’t use an Item 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 are NOT allowed to sell these videos on Fiverr or any other freelancing or marketplace site similar to Fiverr like Envato. These videos are intended to be sold to your end client. 

For clarity, End Products where skill and effort have been applied to incorporate the Item into a larger design (such as with text and other graphics/images) or used as product packaging are not considered merchandising and are allowed. 

For example you can’t take a video template and sell it as-is without adding text or other elements intended for a specific client.

You can’t re-distribute the Item as stock, in a tool or template, or with source files. You can’t do this with an Item either on its own or bundled with other items, and even if you modify the Item. You can’t re-distribute or make available the Item as-is or with superficial modifications. 

For example: You can't license a number of video template files, and redistribute/resell them as a video template pack or launch. 

You can’t use the Item 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.

Examples of “on demand”, “made to order” or “build it yourself” applications: online video creators, editors, website builders, “create your own” slideshow apps, and e-card generators. You will need a special license for such a use. Please contact us to discuss. 

Although you can modify the Item and therefore delete components before creating your End Product, you can’t extract and use a single component of an Item on a stand-alone basis. 

For example: You license a video template. You can delete unwanted elements from the file. But you can’t extract and use an element outside of the video template. 

You must not permit an end user of the End Product to extract the Item and use it separately from the End Product. 

You can’t use an Item in a logo, trademark, or service mark. 


DERIVATIVE WORKS


The Digital Media Files may be incorporated into a derivative work such as a film feature, video, broadcast, multimedia, advertisement, live performance, Internet, presentation, or print project.

However, the Digital Media Files, in whole or in part, and any derivative work thereof may not be used, sold, licensed, reproduced, distributed or displayed as templates, stand-alone backgrounds, stock elements or effects imagery elements, made available as downloadable files or included in any other clip media/stock product, library, collection, or set of clips for distribution or resale. These terms apply even if the Digital Media Files have been significantly altered. 

NO DEFAMATORY USE
The Digital Media Files may not under any circumstances be used in a way that would defame, malign, slander, asperse, libel, or vilify the persons, property, countries, races, customs, cultures, religions, governments or military visible on the Digital Media Files.

OTHER RESTRICTIONS

Licensee may not: 

(1) sub-license, sell, assign, convey or transfer any of its rights under this Agreement except as specifically provided herein;

(2) include the Digital Media Files in an electronic template intended to be used by third parties on electronic or printed products, where the purpose is to create multiple impressions, including but not limited to: website designs, presentation templates, electronic greeting cards, business cards, or any other electronic or printed matter without obtaining a license for such purpose from Mypancho; 

(3) sell, license or distribute its final product in such a way that permits Licensee's end users to extract or access the Digital Media Files as stand-alone files; 

(4) incorporate the Digital Media Files into a logo, trademark or service mark; >(5) distribute, post or upload the Digital Media Files online in a downloadable format or enable it to be distributed via mobile telephone or other electronic devices; 

(6) use any Digital Media Files in a pornographic, defamatory, libelous or otherwise illegal manner, whether directly or in context or juxtaposition with other materials; 

(7) post, upload, or transfer any of Mypancho's digital media files, in any form, on websites offering customization services. These websites include, but are not limited to, Fiverr.com, Youtube.com, and Vimeo.com;

(8) use any digital media files in an automated system, including online websites;

(9) decompile, reverse engineer, disassemble or otherwise reduce the Digital Media Files to a human readable form; and
(10) use any of the Digital Media Files in any manner prohibited by any export laws, restrictions or regulations, including, without limitation, the United States Export Administration Act (collectively, the “Export Laws").

In addition, if the Digital Media Files are identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Syria, Sudan, Libya, Cuba, and North Korea) and that you are not otherwise prohibited under the Export Laws from using the Digital Media Files. All rights to use the Digital Media Files are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.

PRODUCT ENDORSEMENT OR SENSITIVE USE DISCLAIMER


If any Digital Media File featuring a model is used in a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service, 
or if the depiction of the model is used in connection with a subject that would be unflattering, embarrassing or unduly controversial to a reasonable person, Licensee must accompany each such use with a conspicuous statement that indicates that the person is a model and the Digital Media Files is being used for illustrative purposes only. These requirements are without prejudice to the obligations of Mypancho regarding use of the Digital Media File(s) contained elsewhere throughout this Agreement. 

OPEN SOURCE AND OTHER LICENSE TERMS


For some Items, a GNU General Public License (GPL) or another open source license applies. The terms of any open source license will be included with the item (as a .txt file or, in some cases, embedded as part of the item itself).

For any parts of the Item subject to the open source license, those open source license terms will apply to the extent that’s determined by the open source license terms and the nature of the Item, and this license applies to the rest of the Item. 
For some Items, a component of the Item will be sourced from elsewhere and different license terms may apply to the component, such as someone else’s license or an open source or creative commons license. 

If so, the component will be identified in the platform credits page or in the Item’s downloaded files. The other license will apply to that component instead of this license. This license will apply to the rest of the Item. 

Some Items are partially subject to a GNU General Public License (GPL) or another open source license even if the Item was entirely created by us. For these Items, a ‘split license’ applies.

This means that the open source license applies to an extent that’s determined by the open source license terms and the nature of the Item, and this license applies to the rest of the Item. 

This is most common where split licensing applies,such as themes for WordPress and other open source platforms as well as video templates created with CC0 - Creative Commons licenses. 

You can only use the Item for lawful purposes. Also, if an Item contains an image of a person, even if the Item is model-released you can’t use it in a way that creates a fake identity, implies personal endorsement of a product by the person, or in a way that is defamatory, obscene or demeaning, or in connection with sensitive subjects. 

For more information or clarification on if your intended use is a sensitive subject, please contact us. 

Items that contain digital versions of real products, trademarks or other intellectual property owned by others have not been property released. These Items are licensed on the basis of editorial use only. 

It is your responsibility to consider whether your use of these Items requires a clearance and if so, to obtain that clearance from the intellectual property rights owner. 

This license applies in conjunction with our Terms for your use of the mypancho platform sites.
If there is an inconsistency between this license and the Mypancho Terms, this license will apply to the extent necessary to resolve the inconsistency. 

This license can be terminated if you breach it. If that happens, you must stop making copies of or distributing the End Product until you remove the Item from it. 

We retain ownership of the Item but grant you the license on these terms. This license is between Pancho Ltd and you.

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