IQSA Theme - Licenses

IQSA Theme License

Effective September 30, 2019

The low down! The nuts and bolts of IQSA Theme License

  • Under your IQSA Theme subscription, you are granted a license to use the Item on a non-exclusive, commercial, worldwide and unstable basis for each digital work (called an ‘Item’) that you download and Registered, applicable for one Single Use per Registration. Remember, for using an Item of IQSA Theme you must have a valid and live subscription. What is a Single Use, and the license time periods for different item types, are explained earlier.
  • The Single Use license and Registration approach is crucial to allow us to fairly allocate subscription earning among the authors who make their Items available on IQSA Theme market.
  • A Single Use is the installation of the Item on your device for fonts and add-ons. The license starts when you Register the installation, and then you can use the font or add-on in creating as many projects as you like, for as long as your IQSA Theme subscription remains active. There are more licensing details for fonts and add-ons below.
  • A Single Use is the use of the Item to create End Product (requiring an application of effort and skill) for Items other than fonts and add-ons in one of the following ways:
    1. The End product is a customized implementation of an item that is a template.
    2. For an Item that is an audio item, the End Product is a sync of the music with an audio-visual or audio-only work that includes the Item as well as other things, so that it is larger in scope and various in nature than the Item.
    3. For other types of Items, an End Product is a work that includes the Item as well as other things, so that it is larger in scope and various in nature than the Item.The license starts when you Register for using the item and then the license is only valid if you complete the End Product while your subscription is active. Then the license continues for the life of the End Product.You simply need to Register for using each of the item, but for all items you can have more than one Single Use.
  • Each and every license incorporates the right to utilize the Item through communication to the public, broadcast, display, distribution and reproduction. But only as a part of the End Product which you’ve created with the Item. Read clauses 17 and 18 for special limitations on these rights in respects of the audio Items.

Go for it! More details about what you can do with an Item that’s not a font and add-on

    This section covers details for Items other than fonts or add-ons.

  • You can use an Item to create an End Product for your own or for a client. If you use an Item to build an End Product for a client, then you can handover the End Product to your client as long as you have followed the requirements in clause 3 and your subscription remains active. The right to use that Item as part of the End Product is hoovered to your client with the End Product under the Limited Sublicense set out in clause
  • Further use of the Item for yourself, register if for a different Single Use (see clause 3).

  • If you handover an End Product to a client, you do so by sublicensing these license rights in any Item within that End Product. The sublicense 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 removed, reproduced or used in any other way. You must notify your client about this condition.
  • You can make any number of copies of the End Products created using an Item of IQSA Theme. You can distribute the End Product through any (multiple) media. For more details see below
  • To suit your work, you can customize or manipulate an Item, or combine the Item with other works. The resulting works created using the Item are subject to the terms of this license.
  • You must Register first the Item for each new project while an Item contains multiple assets and you can make more than one End Product with that Item.
  • For example, if an Item contains a set of icons and you use more than one of these in a single End Product, you need only register the Item once. If you make five End Products using icons from the set then you first need to register the set five times: once for each End Product.

Things you can’t do with an Item

  • After expiring your subscription, you can’t use an Item to create an End Product. If you’ve installed an Item (such as a font) on your device, you need to uninstall the Item once your subscription ends.
  • You can’t reorganize the Item as ordinary, 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 customized the Item. You can’t reorganize or make accessible the Item as-is or with superficial customization. These things are not allowed even if the reorganization is for free.
  • To modify a digital or physical product by an end user in any application to their specific needs, such as an “on demand”, “made to order” or “build it yourself” application, you can’t use an Item allowing this.
  • You can’t use an Item for marketing, which means an End Product created using that Item where the primary value of the product deceits in the Item itself, including:
    1. an End Product where the Item serves as its main module, and where without the integration of the Item it would not primarily differ from any other product of similar nature and use; and/or
    2. an End Product where the integration of the Item is what makes the product primarily unique and valuable, and is the main driving factor for the sale of the End Product.
    3. For more clearness, End Products where skill and effort have been applied to integrate the Item into a larger design (such as with text and other images/graphics) or used as product packaging are not considered marketing and are allowed.

  • You must not permit an end user to extract an Item and use it separately from the End product created using that Item.
  • You can’t claim trademark or service mark rights over an Item within the End Product created using that Item.

License terms for fonts and add-ons

  • For a font or add-on, these conditions apply:
    1. The font or add-on can only ever be used by you (the original purchaser). This means that you cannot transfer the font or add-on to someone else, or allow it to be used by someone else, even within the same company.
    2. You can only install the font or add-on on up to two of your device (computers) at one time. Installation and use of the font or add0on can only take place while your IQSA Theme subscription is active.
    3. Except as set out in paragraph e., you can’t reorganize the font or add-on (this includes no public distribution, display or performance). You also can’t change or make spinoffs of the font or add-on.
    4. Except as set out in paragraph e., you can’t integrate or dispense the font or add-on within an End Product. But you may link the users of the End Product to where they can directly license the font or add-on.
    5. You can include a web-enabled font as part of an End Product, but your End Product must not boost or facilitate users to extract the font or create new text using it.
    6. fonts and add-ons fall under the category of “Tools”. If further Tools are added to IQSA Theme, specific license terms may be added in respect of those Tools.
    7. A Tool is an installable software extension or utility designed to perform specific tasks in order to create other works. Tools include fonts, 3D and video software scripts, 3D and video software plug-ins, and graphics software add-ons.

Music Item special terms

  • For music Items, the rights granted under this license are subject to the following restrictions:
    1. Broadcast use is not allowed. If you wish to use the music for Broadcast, please contact us.
    2. For films, the End Product, the film may not be dramatically released. Please contact us if you wish to use the music in a theatrically released film.
    3. For P.R.O. Music, public performance rights are not included with this license. See below for more details.
    4. The original author of the Item retains ownership of the Item. You can’t claim ownership of the Item, even if modified in accordance with this agreement, for example through content documentation systems.
  • The Items are either Non-P.R.O. Music or P.R.O. Music
  • Non-P.R.O. Music. If the Item is Non-P.R.O. Music, this means it is not registered with any Performing Rights Organizations (P.R.O.s). Non-P.R.O. Music is simply not subject to any additional fees, but it is your responsibility as a buyer to pay any performing rights fees that may apply in your country, which will depend on the rules of your local P.R.O., your local laws, and your use of the Item.
  • P.R.O. Music. If the Item is P.R.O. Music, this means the author of the item is a member of a P.R.O. and/or the item is registered with a P.R.O. If you intend to use the P.R.O. Music in an End Product that is publicly performed or broadcast, then you may need to obtain additional performing rights from a P.R.O. and be subject to additional fees which are collected by a P.R.O. Nothing in this license acts as a waiver of any P.R.O. fees.
  • Broadcast
    1. Traditional television or radio broadcast (e.g. terrestrial, cable or satellite TV, broadcast radio); or (b) Mobile or online substitutes for traditional television or radio broadcast (e.g. mobile TV, IPTV (streaming TV or video-on-demand), streaming radio).
  • Indie Film
    1. A film not for general theatrical release. “Indie Film” includes a student film, a film distributed on online user generated platforms, and a film festival screening.

The nitty gritty! Other license terms

  • For some Items, a module of the Item will be sourced from a third party and different license terms may apply to the module, such as someone else’s license or an open source or creative commons license. If so, the module will be identified in the Item’s description or in the Item’s downloaded files. The other license will apply to that module instead of this license. This license will apply to the respite of the Item.
  • A GNU General Public License (GPL) or another open source license applies for some Items. The terms of any open source license will be included with the item (as a .txt file or, in some case, 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 resolute by the open source license terms and the nature of the Item, and this license applies to the rest of the Item.
    Open source licensing is applicable for themes and plug-ins for WordPress and other open source platforms. Where an Item has modules that are licensed under the GPL or other open source license, information about the applicable license will be noted in the Item’s download files.
  • We are not responsible for the correctness of the Items including the Item’s description and any keywords provided by the owner of the Item and nor are we responsible for any component (module) of an Item sourced from a third party. Content that is used by the author of the item to validate how the item may have been sourced from a third party and it's your responsibility to check the files to ensure that there is an appropriate license for your future use.
  • You can only use an Item for lawful purposes. Also, you can’t use an Item in connection with material which is offensive, defamatory, pornographic, obscene or demeaning, or promotes discrimination. 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.
  • Items that contain digital versions of real products, trademarks or other rational property owned by others have not been property released. It is your responsibility to consider whether your use of these Items requires an approval.
  • "This license applies in conjunction with the User Terms for your use of IQSA Theme Items. If there is an inconsistency between this license and the User Terms, this license will apply to the extent necessary to resolve the variation.",
  • For any Item this license can be determined if you breach the license and don’t remedy the breach. If termination happens, you must stop using the related Item, which includes no longer making copies of or distributing the End product created using that Item.