Last Updated October 3, 2022
This License Terms (“License Agreement”) together with the Terms and Conditions, as one and the same, contain important legal terms and constitute an agreement between you (“Licensee” or “you”) and Trixiron Technology LLC (“Ainforce” or “Licensor”), setting forth the rights and obligations, non-exclusive and limited copyright license with respect to the digital content (“Product/Software/Package”) purchased by you.
Licensee acknowledges that by completing the purchase process and/or checking “Agree”, Licensee has read the entire License Terms and agrees to the terms herein.
For the purposes of this License Terms, capitalized terms shall have the meaning set forth in this section.
1.1 “Package” means all preset packs/ template packs offered by the Licensor for use, including but not limited to, with the Ainforce extensions for After Effects and/or Premiere Pro.
1.2 “Product” means any and all items available, or previously available, for purchase, download, or access from the Website or otherwise provided by Ainforce, including but not limited to, any component of the Package, Software, educational materials, and related materials offered by the Licensor.
1.3 “Software” means the proprietary software of the Licensor that is included in the Package or Product which allows the Licensee to work more efficiently on the project using the content from the Product / Package.
1.4 “Content” means the proprietary objects, expressions, templates, presets and other digital files owned by the Licensor that are included in certain Products / Software / Packages to facilitate the Licensee’s creation of special effects and animations.
1.5 “License Term” means the period of time during which Licensee is authorized to use Product/Software/Package in accordance with the applicable license grant.
1.6 “Personal Use” is a use that is only for personal purposes and cannot be related to any business, non-profit, or other organization of any kind.
1.7 “Commercial Use” is any use:
- that involves an exchange of money or other consideration;
- that promotes a business (e.g., sole proprietorship, corporation, or partnership), product, or service;
- where financial gain or other consideration is either sought or a result, directly or indirectly, of Licensee’s use of the Product/Software/Package.
1.8 “TV/Broadcast” means:
A) Traditional television (e.g. cable or satellite TV); or
B) Mobile or online substitutes for traditional television (e.g. mobile TV, IPTV (streaming TV or video-on-demand)); or
C) SVOD and OTTs (Netflix, Hulu, Prime Video, Disney+, HBO Max, Vimeo OTT, etc).
1.9 “End Use” of the Product/Software/Package is what you create with the Product/Software/Package (e.g. In most cases, the End Use will be video). Any End Use use must:
A) be larger in scope and significantly different than the original Product/Software/Package,
B) require time, effort, and skill to produce and
C) not derive its primary value from the Product/Software/Package itself,
D) unless the Product/Software/Package is a template which only requires a customized implementation of the Product/Software/Package.
2. “End Product” implies the same terms and conditions as in clause 1.9 (“End Use”), but extends the application to such uses as mobile apps or games, desktop apps, tools, video games and templates for sale.
2. LICENSE TYPES
Typically, Products/Software/Packages by Ainforce may have different types of licenses, depending on the type of product, the period of validity of the license, individual or team use.
2.1 LICENSE TERM
The licenses for our products have two tiers of licenses by license term.
1-Year tier of license – Licenses of this type have a limited validity period of 1 year from the date of purchase. This is a one time payment. Therefore, after the license expires, you need to purchase a new license if the product is needed for your new projects.
This type includes the following licenses: Commercial License, TV/Broadcast Commercial License, Extended Commercial License, Team 5 Commercial License, Team 10 Commercial License, TV/Broadcast Team 5 Commercial License, TV/Broadcast Team 10 Commercial License.
Lifetime tier of license – This type of license does not have an expiration date. That is, the Licensee can use the product without time limit. This type of license contains a clear indication in the form of the term “Lifetime”. For example, “Commercial Lifetime License”.
2.2 THE NUMBER OF PERMITTED USERS
By default, all types of licenses imply permitted use for only ONE (1) user, i.e. this is a Single User license type.
An alternative to an individual license is a Team license. Team license is available in two tiers, namely Team 5 and Team 10.
“Team 5” is for five (5) users and allows Licensee to install and use the Product on up to five (5) computers.
“Team 10” is for five (10) users and allows Licensee to install and use the Product on up to five (10) computers.
2.3 NUMBER OF USES
By default, all licenses except for one type (specified below) have no restrictions on the number of uses during the license term. This is a multi-use license type. The End Use must strictly follow the Permitted Uses, Restrictions, Prohibited Uses, Strictly Prohibited Uses from the entire License Agreement.
The exception is the Extended Commercial License. This is a single-use license, i.e. it is intended to create only one End Product. An End Product is completed from the time that Licensee no longer need to apply skill and effort to it; in other words, when it is ‘done’.
2.4 PURPOSE OF USE
All types of licenses can be used for personal or commercial use. However, if the End Use is for a TV/Broadcast, then Licensee needs a license that clearly specifies the term “TV/Broadcast” (e.g. “TV/Broadcast Commercial License”).
Below is a summary table with licenses and their characteristics. The table shows licenses for an individual user. Team licenses have the same characteristics except for the number of users, where 5 users for a Time 5 license and 10 users for a Time 10 license.
|License Name||Number of Users||License Term||Number of End Uses||Number of Clients||Use in TV/Broadcast||Use in End Products|
|Commercial License||1||1 year||unlimited||unlimited||No||No|
|TV/Broadcast Commercial License||1||1 year||unlimited||unlimited||Yes||No|
|Commercial Lifetime License||1||No expiration, lifetime||unlimited||unlimited||No||No|
|TV/Broadcast Commercial Lifetime License||1||No expiration, lifetime||unlimited||unlimited||Yes||No|
|Extended Commercial License||1||1 year*||1||1||No||Yes|
3. LICENSE ACTIVATION. LICENSE KEY
3.1 Activation. All or part of our Products/Software/Packages require activation with a license key to be fully functional. Failure to activate the Product/Software/Package or fraudulent or unauthorized use of the Product/Software/Package may result in reduced functionality or inoperability of the Product/Software/Package.
3.2 License Key. The license key is delivered automatically with the paid order that contains the Product/Software/Package. Immediately after ordering, you will receive an email with a license key. Also, the license key will be available in your account, on the Library page.
3.3 The license key is intended and valid only for the Product/Software/Package that was purchased. It cannot be used to activate other Products/Software/Package.
4. PERMITTED USES
4.1 This License Agreement permits Non-commercial use (Personal) and Commercial use of the Product/Software/Package, as expressly specified in the entire License Agreement.
4.2 The Licensee may use the Product/Software/Package to create an unlimited number of different End Uses for himself or for his clients during the term of the license and subject to all terms of this License Agreement. The exception is the Extended Commercial License, which is for single use only, i.e. Licensee can create only one End Product.
If Licensee uses the Product/Software/Package to create an End Use for a client, then Licensee can transfer the End Use to its client as long as Licensee has followed the requirements in clause 1.9. The right to use that Product/Software/Package as part of the End Use is transferred to client of the Licensee with the End Use under the Limited Sublicense set out in Section 8.
4.3 You can modify or manipulate the Product/Software/Package. You can combine the Product/Software/Package 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 Use you then create is one that’s permitted under clause 1.7.
4.4 The Licensee can use an Product/Software/Package for social media, marketing and advertisements. No limit on the number of impressions of social media posts or advertisements incorporating the Product/Software/Package.
4.5 The Licensee can make any number of copies of the End Use created using the Product/Software/Package.
4.6 The Licensee can distribute the End Use through multiple media without restrictions on the number of viewers.
4.7 TV/Broadcast use is allowed only for TV/Broadcast license types. No limit on the number of lifetime viewers.
4.8 Use of the Product/Software/Package in Digital End Products (mobile apps or games, desktop apps, tools, video games and templates for sale) is only permitted under the Extended Commercial License.
5.1❗Licensee may only upload the Product/Software/Package to (A) a server owned and controlled by Licensee or (B) a cloud storage service, cloud-based design app, or digital asset manager, account controlled by Licensee, in each case for use of the Product/Software/Package by Licensee only, as permitted herein.
5.2❗The number of individual users permitted to access and use the Product/Software/Package (as permitted in this Licensee Agreement) is the number of users (or seats) allowed for the license at the time of purchase. The number of allowed users for each type of license is specified below and in section 2. If Licensee requires additional users (or seats), additional licenses to the Product/Software/Package must be purchased.
5.3❗For Single User licenses (listed in Section 2), it is allowed to install and use Product/Software/Package on two (2) computers owned by the same user. In the event of a change of computer, the Licensee may transfer the license to this new computer owned by the Licensee. A total of 2 transfer slots allowed per year.
5.4❗For Team licenses, it is allowed to be installed and used on 5 or 10 computers, depending on the number indicated in the license name.
For the Team 5 license, 10 transfer slots per year are available, which allow the Licensee to transfer the license to another computer. For the Team 10 license, 20 transfer slots per year are available, which allow the Licensee to transfer the license to another computer.
5.5❗If the Licensee activates the license on a new computer, the license will be automatically deactivated for the first computer that was in the activation list. That is, the license will remain active on computers (number of which is allowed according to the license type) with a later activation of the license key.
5.6❗If the limit of allowed computers and transfer slots is exceeded or violated, the license key will be automatically blocked by the license server.
6. PROHIBITED USES
(these uses may be available with a custom license, contact us to find out more)
6.1 ❌ Any use the Product/Software/Package and/or Content that allows anyone other than the Licensee, such as an end user, to customize a digital End Product to their needs is prohibited. This includes, but is not limited to, “create on demand”, “made to order”, or “build it yourself” application. Examples of applications: online video or animation rendering services, “create your own” slideshow.
6.2 ❌ Use in mobile apps or games, desktop apps, tools, video games and templates for sale is prohibited. There is an exception where Licensee is permitted to create such type of apps or templates for sale using the Product/Software/Package and/or Content. This exception applies under certain conditions and only for one type of license – Extended Commercial License.
6.3 ❌ Product/Software/Package may not be used as part of a trademark, service mark, design mark, trade-name, or similar use unless:
(A) the Product/Software/Package is significantly altered and (B) not the predominant element of the End Product.
In no event does this License Agreement allow Licensee to (and Licensee shall not seek to) – register, protect, or enforce any trademark or similar rights in the Product/Software/Package itself which must be disclaimed in any trademark registration.
6.4 ❌ Licensee may not claim the Product/Software/Package (even if it has been modified) as its own copyrighted work. The original Product/Software/Package must be disclaimed in any copyright registration.
6.5 ❌ Remove or alter any trademark, copyright or other proprietary notices, labels in the Product/Software/Package.
6.6 ❌ Licensee cannot share the Product/Software/Package and/or license key with anyone else, even within the same organization or business. Licensee cannot transfer license key to another user. Except in the case of a team license as permitted in this agreement.
7. STRICTLY PROHIBITED USES
NOTHING IN THIS LICENSE AGREEMENT GRANTS LICENSEE ANY OF THE FOLLOWING RIGHTS, ALL OF WHICH RIGHTS ARE EXPRESSLY RETAINED:
7.1 ❌ Use the Product/Software/Package after the expiration of the license is strictly prohibited.
7.2 ❌ Falsely representing authorship and/or ownership of the Product/Software/Package is strictly prohibited.
7.3 ❌ Resale, redistribute or sublicense the Product/Software/Package or any modification of it in source file form is strictly prohibited.
7.4 ❌ Resale, redistribute or sublicense the Product/Software/Package or any modification of it in a way that is directly competitive with the original Product/Software/Package is strictly prohibited (e.g., as a stock asset, in a tool or template, with source files). The Licensee can’t do this with the Product/Software/Package either on its own or bundled with other items, even with superficial modifications.
7.5 ❌ The Licensee cannot allow the Product/Software/Package incorporated into End-Products to be extracted or used separately from the End-Product. The Licensee must take all reasonable steps to prevent this from happening and inform any client who the project is for of their responsibilities in relation to this.
7.6 ❌ Making public or sharing the Product/Software/Package in any way that allows others to download, extract, or redistribute Product/Software/Package as a standalone file or project is strictly prohibited.
7.7 ❌ The Licensee must not attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software or violate any security mechanisms in the Software.
7.8 ❌ Use the Product/Software/Package in pornographic, fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory material, is strictly prohibited.
7.9 ❌ Any other use that is not expressly permitted in Section 4 (Permitted Uses) is strictly prohibited.
8. LIMITED SUBLICENSE
SUBLICENSING TO THIRD PARTIES IS PROHIBITED WITH LIMITED EXCEPTIONS FOR CLIENTS
Licensee may sublicense Licensee’s rights to third parties in only one situation – to a client of Licensee where Licensee transfers to that client a completed End Use (e.g end video). The sublicense must only be granted on condition that the sublicensee is prohibited from extracting, reproducing or using the Product/Software/Package in any way other than is necessary in order to use the End Use that Licensee provides to the client. The Licensee is obliged to inform the Licensee’s client about this condition and the terms of this License Agreement.
9. GENERAL LEGAL PROVISIONS
9.1 Intellectual Property
All digital products available on www.ainforce.com (and/or storefront at ainforce.gumroad.com), including, without limitation, the Product/Software/Package, is protected by United States and international copyright and other laws and treaties. Licensor retains ownership of the title, copyright and other intellectual property rights (collectively the ‘Rights’) of any Parts of the Product/Software/Package, but grants to Licensee the limited, non-exclusive, non-transferrable, and non-sublicensable (except as expressly described in section 8 of the License Agreement), copyright to use the Product/Software/Package as expressly set forth above on the terms herein.
Licensee may not assert any ownership in the Product/Software/Package itself nor any right to revenue from a collecting society in respect of digital copying or other secondary uses of the Product/Software/Package. Any reference to the “purchase” or “sale” (or similar terms) of the Product/Software/Package refers to the purchase of a limited license only and not the purchase of the underlying copyright or work itself.
Except as otherwise stated herein, this Licensee Agreement does not grant Licensee any rights to trademark or any other intellectual property rights (aside from copyright) in respect of any Parts of the Product/Software/Package.
9.2 Third Party Intellectual Property
Products/Software/Packages that contain digital versions of real products, trademarks or other intellectual property owned by others have not been property released. It is the Licensee’s responsibility to consider whether clearance is required to use these elements from the Product/Software/Package and if so, to obtain that clearance from the intellectual property rights owner.
The Licensor may terminate this License Agreement at any time if Licensee breaches any of the terms of this or any other agreement with the Licensor. Upon any such termination Licensee must immediately: cease using the Product/Software/Package; delete or destroy any copies; and, if requested, confirm to the Licensor in writing that Licensee has complied with these requirements.
9.4 Entire Agreement
This License Terms (“License Agreement”), together with the Terms and Conditions constitutes the sole and entire agreement between Licensee on the one hand and Ainforce on the other hand with respect to the Product/Software/Package. This License Agreement supersedes any conflicting terms set forth in the Terms and Conditions with respect to the Product/Software/Package.
Unless the context requires otherwise, in any part of this License Terms: (A) “including” (and any of its derivative forms, e.g. “includes”), “e.g.” and “for example” means “including but not limited to”; and (B) use of the singular imports the plural and vice versa. This License Terms shall not be interpreted against the drafting party.
The Licensor reserves the right to modify this License Terms at any time. The Licensee will be subject to any new or modified terms of which the Licensor provides notice to the Licensee going forward, not retroactively.
10. Contact Us
If you have any queries or concerns about this License Terms, please Contact Us.