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gbs says

I suggest changing “please” to “you must”. All the other text in the license is in clear absolutes, and while I appreciate the polite wording, I think it would be better to not potentially confuse buyers as if this were purely a “request” as opposed to a legal requirement.

+1. If you just hope people do it right then “Please” is polite enough. But if you want a rule that forces people to do it right then a stronger wording is necessary.

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JMDDesigns says

I noticed something about people using CC items on their themes then reselling the theme as a whole. Basically wrapping that CC item in a theme and then selling it, as a theme, except they hadn’t purchased an Extended License.

I think CodeCanyon/ThemeForest/All Marketplace items needs to have an some form of separate tagging system where developers must tag the Extended Item from their purchase history (maybe there would be a flaw here, with separate accounts) if they decide to include a plugin/item that is exclusively for sale on CodeCanyon. This way, Envato know they are abiding by the license terms. Obviously, if the developer fails to mention this and they are in fact using an item that hasn’t been purchased through Extended, then the repercussions will be such as terminating their account, or something along the lines.

I don’t think that is a solid solution in any way, but I think it’s a little idea that could work.

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VF says

Hey Lance, just some minor wording and usability suggestions for the License FAQ page:

1) Under the first question under “What is a single application?” section, similarly titled “What is a single application?”, the example text states:

”...If you want to create a second website from the same theme, please purchase another license.”

I suggest changing “please” to “you must”. All the other text in the license is in clear absolutes, and while I appreciate the polite wording, I think it would be better to not potentially confuse buyers as if this were purely a “request” as opposed to a legal requirement.

2) It would be nice to have an “expand all” button for each of the question sections (or entire page). When searching the page for terms/words, they remain obscured and difficult to locate without having to manually expand every single question.

+1

The expand all / close all option really needed.

Also the color of all the text on License & FAQ pages needs black/gray rather than branding color. It is horrible and unnecessary to maintain color even on license pages! :D Also maintaining same color on all marketplaces will ensure buyers to aware they reach same license pages regardless of marketplace. Of cource color differentiation will make sense if the license terms written for each marketplace separately.

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Parallelus says

I would like to ask about one of the items in the FAQs as well as an interpretation of the end of the Extended License.

First, in the FAQs we have:

Can I use a website template or theme in a website hosting service where my customers can customize and create their own websites?

Please contact us through Support and we’ll put you in touch with the right people to discuss options.

Is this the way you intend WordPress multi-site (network installs) to handle licensing? Do I need to direct my customers to contact Envato support to work out terms for setting up WP network sites that allows users to create their own sub-domain blogs?

Second, in the Extended License, clause 17 it states:

17.The author of the Item retains ownership of the Item but grants you the license on these terms. This license is between the author of the Item and you. Envato Pty Ltd is not a party to this license or the one giving you the license.

Does this mean I can specify the terms of the license or give special allowances to my customers if I choose? Seeing as how this license is between me and them, and Envato Pty Ltd is not a party to the license, I should have no limitation on making modifications, special terms, exceptions to, etc. should I choose. What I would like to do, is make things easy for my own customers and just say Yes or No when they ask me if they can do something. I’m really fed up with having to dance around and not be certain of what is and isn’t allowed. If I’m interpreting this properly please let me know.

My final, comments. These new licenses are confusing at best, ambiguous is probably the better term. My guess, this is intentional. Consider me frustrated.

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doru says

Second, in the Extended License, clause 17 it states:
17.The author of the Item retains ownership of the Item but grants you the license on these terms. This license is between the author of the Item and you. Envato Pty Ltd is not a party to this license or the one giving you the license.
Does this mean I can specify the terms of the license or give special allowances to my customers if I choose? Seeing as how this license is between me and them, and Envato Pty Ltd is not a party to the license, I should have no limitation on making modifications, special terms, exceptions to, etc. should I choose.

I think not. I’m guessing is more like this.

You grant envato the right to decide the license. This should be stated in the contract you virtually signed when you made your author account. I will not search it now but should be there in a form or other

The buyers agree to respect the license but have no claim against the marketplace for eventual damages, for all this issue he needs to bother the author.

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LanceSnider says

Great questions. :) I’m going to try to answer a bunch of these in one post so hopefully I won’t miss anything major. Please note that I won’t re-answer questions that have been answered. For use of stock items within themes, see my post here.


Will regular licenses for items such as photoshop styles that have already been purchased be upgraded to tool licenses, or do they need to be repurchased to allow the styles to be used in products that are to be sold?

The license you purchased is the one that applies to you. It would be really bad for the buyer if we could just come to them later and tell them their terms have changed. Regarding the Tools license specifically, nothing really changed there. We just gave it its own license as that part made cluttered up the regular license and caused confusion. The old license and the new one allow you to use tools in items that you would sell. For example, you could sell a digital painting that you used one of our brushes to create.


”...If you want to create a second website from the same theme, please purchase another license.” I suggest changing “please” to “you must”.
We were trying not to sound to iron fisted, but you make a good point. We’re working on that now.

2) It would be nice to have an “expand all” button for each of the question sections (or entire page). When searching the page for terms/words, they remain obscured and difficult to locate without having to manually expand every single question.
We had decided to leave that out when we launched, but I can’t 100% remember why. I’ll follow up as that seems like a nice feature.

Also the color of all the text on License & FAQ pages needs black/gray rather than branding color. It is horrible and unnecessary to maintain color even on license pages! Also maintaining same color on all marketplaces will ensure buyers to aware they reach same license pages regardless of marketplace. Of cource color differentiation will make sense if the license terms written for each marketplace separately.
Interesting. I’m not 100% sure I agree, but I’m going to discuss this with the others.

Is this the way you intend WordPress multi-site (network installs) to handle licensing? Do I need to direct my customers to contact Envato support to work out terms for setting up WP network sites that allows users to create their own sub-domain blogs?

Yes. The reason we decided to do this is that it left a huge potential loophole for buyers to mass distribute themes. We’re working on a less manual solution, but it’s something we decided was important in the short term.

As for your second question, I’ll get back to you.


My final, comments. These new licenses are confusing at best, ambiguous is probably the better term. My guess, this is intentional. Consider me frustrated.

Please keep in mind that this is a preliminary phase of a larger project. Our intention here was to clarify the licenses and close up some holes. At this stage we’re still working with a one-size-fits-all system, which every day it becomes more clear that it’s not adequate. With this phase done, we have a much more solid base to build on top of. The licenses are constantly evolving and improving and though we’re not done, I believe these are a big step in the right direction.

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LanceSnider says

Second, in the Extended License, clause 17 it states:
17.The author of the Item retains ownership of the Item but grants you the license on these terms. This license is between the author of the Item and you. Envato Pty Ltd is not a party to this license or the one giving you the license.

Does this mean I can specify the terms of the license or give special allowances to my customers if I choose? Seeing as how this license is between me and them, and Envato Pty Ltd is not a party to the license, I should have no limitation on making modifications, special terms, exceptions to, etc. should I choose. What I would like to do, is make things easy for my own customers and just say Yes or No when they ask me if they can do something. I’m really fed up with having to dance around and not be certain of what is and isn’t allowed. If I’m interpreting this properly please let me know.

In short you’re asking if you can add special clauses or amendments to specific items for the buyer. There’s actually an FAQ for that. No because that would make things way too confusing for the buyers. Imagine wanting to buy a theme and having to worry about different legal terms for every item. How would we handle it when an author had unreasonable terms? It’s just not something that makes sense for buyers or sellers.

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matsteiner Reviewer says

I’m not experienced in the license question at all, but one thing I was asking myself all the time: When somebody uses my AJ track for a TV show, a TV trailer and not for a commercial, does that mean, a regular license would do it or does that require a extended license?
Is a TV show or a TV film (e.g. a documentary) a free end product “Use in a free end product”, since the viewer will not pay for this particular film in that sense? But he may pay, like in Switzerland, a annual fee as soon he owns a TV (I don’t mean the monthly fee he would pay for the cable TV access or whatever). How is that handled?

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PixyMisa says

In short you’re asking if you can add special clauses or amendments to specific items for the buyer. There’s actually an FAQ for that. No because that would make things way too confusing for the buyers. Imagine wanting to buy a theme and having to worry about different legal terms for every item. How would we handle it when an author had unreasonable terms? It’s just not something that makes sense for buyers or sellers.
I think you’re partly missing the point. The author would necessarily grant the permissions included in the standard license, but would be able to grant additional permissions. After all, that’s exactly what is now required for including CodeCanyon components in themes. It could just be stated up front rather than requiring each potential customer to ask for permission first.

Of course, a proper developer license would solve all this confusion.

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LanceSnider says

I’m not experienced in the license question at all, but one thing I was asking myself all the time: When somebody uses my AJ track for a TV show, a TV trailer and not for a commercial, does that mean, a regular license would do it or does that require a extended license?
Is a TV show or a TV film (e.g. a documentary) a free end product “Use in a free end product”, since the viewer will not pay for this particular film in that sense? But he may pay, like in Switzerland, a annual fee as soon he owns a TV (I don’t mean the monthly fee he would pay for the cable TV access or whatever). How is that handled?

Be sure to check out the FAQs. TV and film always require an extended license.

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