Florence

Licence Agreement

This is a legally binding agreement between the licensee ("you") and the licensor ("Fabien Butazzi") that outlines your rights to use and licence the images available in this product. By purchasing, downloading and using content made available by Fabien Butazzi, you agree to accept the terms of this Licence Agreement.

1. Definitions

Terms frequently used in this agreement are capitalized and have been specified in quotations along with their definitions below:

"Site" refers to Fabien Butazzi's website and its APIs, software, source codes, user interface layouts, designs, images, icons, text and all other intellectual property protected under copyright or any other proprietary right and located at the fabienb.blog domain.

"Account" is the user Account created by the purchasing entity, whether that is a natural person or a corporate entity. The rights granted in this agreement are granted to the purchasing entity or its parent company, which you or the Account holder represents.

"Guest" is the user Account created by the purchasing entity, whether that is a natural person or a corporate entity, that purchased from the Site without using an Account. The rights granted in this agreement are granted to the purchasing entity or its parent company, which you or the Guest user represents.

"Photos" is the collection of one or more digital images or vectors packaged in the form of a product ("Packs", "Images" or "Collection") on the Site and made available to the Licence holder or authorized third party in the form of downloadable JPG, PNG, RAW, TIFF, DNG, CSH, ZIP or RAR files.

"Content" refers to Photos and/or any other digital files, including but not limited to: Packs, Images, Collections and Kits, made available on the Site.

"Creations" refers to any work created by you or your employees that incorporates Content and to which you or the entity for which you have created them owns the copyrights and which by itself can qualify as an original work of authorship. This includes but is not limited to any final product which does not constitute or very closely resemble the original Content and is sufficiently modified or incorporated.

"Licence" refers to this agreement and its terms in particular and to which the purchasing entity constitutes acceptance of the rights and restrictions specified herein.

"Licence Type" refers to the Licence specifications and particular rights and/or restrictions that are based on the purchasing entity's personal, professional and/or corporate situation and intended usage of Content.

2. Licence Rights & Properties

Content purchased under any Licence Type grants the licensed user the following rights or contains the following properties:

• Royalty-Free: Rights to use the Content are paid once and there are no future fees or payable royalties to Fabien Butazzi.
• Commercial: You may sell and distribute any commercial products or Creations made with the Content, but you cannot resell the Content itself.
• Perpetual: There is no expiry or end date on your rights to use the Content once a Licence has been obtained.
• Worldwide: Licences are granted worldwide without any imposed border restrictions or embargoes.
• Unlimited: Content can be used for any amount of commercial, non-commercial or educational purposes and projects.
• Non-Exclusive: You do not have exclusive rights to use the Content. Fabien Butazzi reserves the right to license the same Content to other users.
• Ownership: You are not granted title or ownership to Content. The copyright to the Content remains with Fabien Butazzi.
• Limited Editorial: Editorial usage of unmodified Content is only permitted under Creative Commons BY-NC-ND licence.

Content can be used freely and is intended for incorporated use in the following types of Creations:

concept art, illustration, matte painting, video games, movies & film, television shows, VFX, CGI, 3D scenes and models, arch-viz, pre-visualizations, VR products, graphic design, multimedia projects, advertising, presentations, mobile & web design, art books, event flyers, posters, brochures and any other digital or printed media where our Photos are incorporated and do not comprise the primary value of the product's intended sale or distribution.

3. Licence Types

Where applicable, Fabien Butazzi offers three main Licence Types when purchasing Content:

Freelance Licence.

A single user commercial Licence for a self-employed freelancer, non-professional, hobbyist or student, not working at a company.

• 1 user per Licence.
• For individuals/single users.
• Each Account (email address) is limited to one Licence. It is not possible for a single person to own multiple Freelance Licences.
• Content purchased under this Licence may not be used in a situation that would require a different Licence.
• Freelance Licences cannot be bought on behalf of another individual, company or Account, the purchaser must remain the sole user of the licensed Content.
• Individual users and sole proprietors are not permitted to purchase different Licence Types on behalf of entities or companies and are limited to purchasing Freelance Licences only.
• You are not permitted to share or distribute the original Photos to any third parties for any purpose whatsoever.
• If you wish to use the Photos as an employee or during any extended in-house position, please ask your employer to purchase the appropriate Team or Studio Licence.
• In case you are requested to share original Photos with your client when submitting Creations made by you, your client must purchase a separate Licence for the Content you are sharing.

Team Licence.

A multi-user commercial Licence for a small team or an independently funded studio.

• 4 users per Licence.
• For small studios or developers with a total company size of max 8 people. For larger companies please use a Studio Licence.
• Each Licence covers 4 users, a second Licence must be purchased to increase the total users up to a max of 8. Permitted amount of users that may use Content using downloaded offline versions is max 4 per purchased Licence.
• Content purchased under this Licence may not be used in a situation that would require a different Licence.
• Employees using Content under this Licence may be interchanged only if previous users are no longer employed by the Licence holder.
• Photos purchased under this Licence may not be used or stored off-site by employees for purposes outside those of the Licence holder's projects
• Photos may not be shared/stored in their unmodified form and/or Accounts may not be accessed by any party that does not directly or no longer belong to the Licence holding entity.
• It is not permitted to purchase different Licence Types on behalf of individuals or companies for entities or Accounts that fall under the Team Licence scope.
• The rights granted by this Licence apply only to the single legal entity under and for which they were purchased. It does not grant usage rights for outsourcing partners, affiliate companies, former employees or off-site contractors. In case you are requested to share original Photos with your client when submitting Creations made by you, your client must purchase a separate Licence for the Content you are sharing.

Studio Licence.

A multi-user commercial Licence for a corporate production company developing games, movies or other media.

• 10 users per Licence. 1 branch per Licence.
• For large studios, developers or production companies.
• Each licence covers 10 users and 1 branch. Additional licences must be purchased for more users or multiple branches.
• Licences may be purchased on behalf of an affiliate or parent/child company. The single entity for which the Licence was purchased shall remain the sole Licence holder and the Licence cannot be changed or transferred to the other affiliate companies or branches. In order to share Content, additional Licences must be purchased by or on behalf of the requesting party.
• It is not permitted to purchase Freelance Licence Types on behalf of individuals, however Team Licences may be purchased on behalf of a child company that falls under the Team Licence scope.
• Employees using Content under this Licence may be interchanged only if previous users are no longer employed by the Licence holding entity and access to the Content has been restricted.
• Content may be used by on-site contractors/freelancers doing in-house work. Off-site contractors are not allowed access to Content. In such case the contractor will count towards the user quota of your Licence.
• Photos purchased under this Licence may not be used or stored off-site by employees or otherwise used for any purpose whatsoever outside those of the Licence holder's projects.
• Photos may not be shared/stored in their unmodified form and Accounts may not be accessed by any party that does not directly or no longer belong to the Licence holding entity.
• Permitted amount of users that may access or use Content under a Studio Licence using downloaded offline versions is max 10 per purchased Licence, unless otherwise specified.
• Licences do not grant usage/storage rights for outsourcing partners, affiliate companies, subcontractors, former employees, subsidiaries or any branch/entities that share the name but not the same physical address or location of the Licence holding entity. This restriction does not prohibit affiliate companies from distributing or otherwise commercializing Creations on behalf of the Licence holding entity.
• The rights granted by this Licence apply only to the single legal entity or company branch under or for which they were purchased. In case you are requested to share original Photos with your client when submitting Creations made by you, your client must purchase a separate Licence for the Content you are sharing.
• Photos may not be shared/stored in their unmodified form and Accounts may not be accessed by any party that does not directly or no longer belong to the Licence holding entity.

4. Choosing the Licence Type

When creating an Account or whenever purchasing Content as a Guest, the Licence Type (Freelance, Team or Studio) that best corresponds with your current personal, professional and/or corporate situation as well as the intended future usage for said Content must be selected. You warrant that, to the best of your knowledge, you have selected the Licence Type that represents the most accurate situation under which you intend to license and use purchased Content and that you will continue to operate in accordance with the requirements specified in this agreement. In the case that your current licence no longer covers the intended usage or falls within the scope of a different licence, you agree to cease usage of Content under that licence and/or to purchase a new licence in order to comply with this agreement.

Please note that once Content has been purchased under a specific Licence Type the following restrictions apply:

• Non-transferable. Licences cannot be modified or transferred to a different user or different Licence Type.
• Change of Usage. A new Licence must be purchased if the Content's intended usage no longer matches its Licence restrictions and requirements or if the Creation's intended usage does not match the Licence Type under which they were purchased.

5. Licence Restrictions

If Content is found to be used in an unauthorized way, Fabien Butazzi may, at his own discretion, terminate your Account, its associated purchases, your Licence rights as well as limit access to the services or pursue other penalties, damages, losses, and profits as Fabien Butazzi is entitled to under this agreement or by law or equity.
The following lists uses that are explicitly prohibited:

• Incorrect Licence. You may NOT use or purchase Content under the incorrect Licence. Doing so may violate our policies and could void your Licence rights and/or lead to Account termination.
• Re-Distribution. You may NOT sell, share, re-distribute, publish, or otherwise make Photos available to any third party except as incorporated in the form of permitted Creations, or when shared in a manner specifically authorized in this agreement.
• Competitive Products. You may NOT use Photos in any way or for any purpose that may directly compete with Fabien Butazzi, the Site, its services or the Content itself.
• Group Buying. You may NOT collect funds to purchase and/or share Content with one or more other parties.
• Generative AI Data. You may NOT use Content to train generative AI models or use Content to feed as a base image to generative AI software or services, unless otherwise specified in the Content description on the Product page.
• Sharing Accounts. You may NOT share or provide access to Accounts or its associated Content other than to those authorized under the conditions and terms of this agreement.
• Obscene/Unlawful Use. You may NOT use Content in a pornographic, defamatory, obscene, racist or otherwise unlawful manner, or in violation of any applicable regulations.
• False Attribution. You may NOT falsely represent yourself as the creator or author of Photos.
• Stockpiling. You may NOT download Photos excessively in a way that suggests in our reasonable discretion that you are attempting to stockpile, mirror or otherwise copy the Site or its Content.
• Commercial Printing. You may NOT use Photos directly for printing or reselling on any physical merchandise including cards, posters, photo books, etc... in their original or unmoddified form.

Fabien Butazzi reserves the right to investigate its customers in order to prevent violations and may inquire to provide certain information, documents or other forms of proof to help verify the Licence holder's legitimacy.

6. Licence Termination.

Your Licence is perpetual, meaning there is no expiry or end date on your rights to use the Content once it has been purchased, unless terminated as a result of any of the conditions described below:

• Chargeback. Any reversal of transaction notice we receive from your bank, credit card issuer or Paypal may temporary or permanently terminate any and all rights granted under this agreement.
• Technological Failure. If a payment or transaction was unsuccessful but Content was accessible through a technological failure or bug your rights and access to Content and/or Account may be restricted until the issue has been resolved.
• Outstanding Debtor. Failure to remit payment for an overdue invoice beyond a two-month period from the date of issuance shall constitute a material breach of any prior agreements.
• Violation of Terms. Any violation of our Licence Agreement or Terms & Conditions may terminate your Licence rights immediately and permanently as well as suspend your Account and access to purchased Content.

In case of Licence termination under one or more of these conditions, you and any third party with access to Content must cease all usage, storage and distribution, and destroy all copies of Content.

7. Changes to Our Licence Agreement

Fabien Butazzi reserves the right to change the terms of this agreement at any time. Changes to the Licence Agreement will only affect Licences purchased or otherwise obtained after the date of such amendments. The rights and restrictions granted to you are those presented here at the time of your purchase. You can check the “Last updated” date at the top of this page. If there are significant changes to this statement that will affect how our products can be used in the future, users will be notified via email outlining these changes.
We encourage users to review this page on a regular basis to ensure you stay up to date with our agreement terms.