Florence

Licence Agreement

Last updated on March 1, 2024

This is a legally binding agreement between the licensee (“you”) and the licensor (“Fabien Butazzi”) that outlines your rights to use and license 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.

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.

Team Licence

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

Studio Licence

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

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.

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 unmodified 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 temporarily 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.