On-Premise Software, Template Bundled, Sell with Extended License

themeforest

#1

Hi all, we are building a software with web-interface. This software will not be available over the internet, it will be written to a CD/DVD/UsbStick and sold the customers. It will be a Virtual Machine Management System, it needs an admin-dashboard style UI, so I think it satisfies the following: (it is not a theme, a completely different work)

An End Product is one of the following things, both requiring an application of skill and effort.
(a) For an Item that is a template, the End Product is a customised implementation of the Item.

So, as my product is an End Product, I can:

You can Sell and make any number of copies of the single End Product.

However, does the following mean that I need to buy a license for each customer I sell the item? I think it should not be, because I am creating a Single Unique End Product that is exactly same for each customer, I just sell them to many people, not just 1 people. It is like a mobile application.

This license is a “single application” license and not a “multi-use” license, which means that you can’t use the Item to create more than one unique End Product.
8. You can’t re-distribute the Item as stock, 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 modify the Item. You can’t re-distribute or make available the Item as-is or with superficial modifications.


#2

I would say definitely that you would need one license per customer.

You may be creating one end product but you are selling it to be used by different people and the license covers 1 license per website

If in doubt check with support


#3

But how about:

You can Sell and make any number of copies of the single End Product.

I have a single End product, and make any number of copies of it.

I contacted them but all they do is copy the irrelevant parts and say the same thing, but the license page conflicts within itself.


#4

If you have it in writing from support either way then go with that but to me:

“You can Sell and make any number of copies of the single End Product” needs to look at the context… e.g.

This license is a “single application” license and not a “multi-use” license, which means that you can’t use the Item to create more than one unique End Product.” -

  • If you are supplying it to multiple people to customise to their needs.use then it’s “Multi-use”

But also:

You can’t re-distribute the Item as stock, 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 modify the Item. You can’t re-distribute or make available the Item as-is or with superficial modifications.”

  • That’s pretty much what you are doing right?

Likewise:

You can’t use the Item in any application allowing an end user to customise a digital or physical product to their specific needs, such as an “on demand”, “made to order” or “build it yourself” application. You can use the Item in this way only if you purchase a separate license for each final product incorporating the Item that is created using the application.”

  • That’s again what your idea is isn’t it?

I may have misunderstood your position and ultimately whatever support says should be final but to me it seems pretty clear for various reasons.


#5

But the problem is, it is a one unique End product. It does not count for multi-use, the only use is to build one product, and sell it, like a mobile app, or a video. It is neither a “on demand”, “made to order” or “build it yourself” application, it is not related to this theme. What I understand is, you can buy extended license to create only 1 thing, it cannot have multiple uses. So, it means that, don’t do: buy a license, build product X, Y, Z etc., this is what I understand from multi-use. The support just copy pastes that information to me, but I am not redistributing the item, I am using the item in my application as an interface, I will not be getting money for just re-selling the item to other people. I just wonder if there are other people like me, or who can I contact other than support. I will just call them through the phone, because I really believe there is a contradiction.


#6

Ok I didn’t understand that it was always the same interface that everyone gets and it’s not in anyway adapted per client.

I do see what you mean although I still feel like the source code is being distributed as part of a “tool” which would go against the license.

Personally I would push back on support and ask for more clarity.


#7

As I understand, extended license would be enough but may depend on the category as well. Which category from you’re going to purchase the item?