During the install the License agreement appears to indicate that no commercial use is possible with assets created in Pro Motion. The area in Part 2 seems to jump around from free to purchased versions and does not make sense to me. Can the purchased version of Pro Motion NG be used to create assets that will be sold commercially?
Thanks,
Tim
Hi Tim, welcome to the forums!
Can you take a screenshot and highlight what you’ve read in the License agreement?
This could either be a misunderstanding or an oversight of use of words when the document was made.
AFAIK, most, if not everybody here creates assets in PMNG that are sold commercially, or used in a professional setting.
Hi @Tim2999 ,
indeed, it would be interesting to read the license section you refer to.
Free and paid versions can both be used to create artwork used for commercial purposes. The Free Edition is just feature limited.
-Jan
In the License Agreement three license types are discussed. The first two do not say anything about commercial use use at all, either for or against. Part C} discusses education use. At the end of Part C the only mention of legal uses is defined. Since the formatting of the agreement is so bad, it is hard to tell if the attached screen capture goews with part C or with all the parts.
That sounds like it refers to the software itself, not the artwork you are using to create with the help of the software. As in trying to make bundles that resell the software or copy the software.
It’s clumsy af tho. Good spot. After all that shit with Adobe, it would be wise to rethink the language.
Personally, I thought that bit was referring to the educational license (or whatever it was called) that was defined right above it, but it admittedly isn’t very clear.
This is probably the intention, as clarified by Jan in this thread, but I’m afraid that the legal text does imply that the software which is about to be installed can only be used for non-commercial purposes, since it’s an EULA (End-User License Agreement), and therefore governs the general use of the software after its installation (hence the need to agree to it before proceeding).
It is very confusing indeed. The problem is that the text shown in the screenshot is almost identical to similar EULAs seen in software which, by all effect, can only be used for non commercial purposes, i.e. including not being able to resell one’s own works created with it.
This needs to be addressed ASAP, since in all matters legal what ultimately counts (e.g. in court) is the contract/EULA which the end user has agreed to.
As for the right to redistribute the actual software package, e.g. the installer, usually its worded differently from the text shown above, the keyword being “redistribution” in that context.
Hi all,
section 2 defines what the license is for. It means that you do not purchase a license to use the software, you do not purchase rights on the software. This should be clear as this is the way software is “sold”, it’s licensed.
Then the three license types are listed, where the Free edition (a) defines that there are functional restrictions. The license applies to these restrictions, all other functions are not licensed (can not be used).
The second license (b) is the standard single user license.
The third license (c) is the educational license. It has restrictions as well but not concerning functions but concerning legal use. In short: you may only use it for non commercial or charitable/none profit work.
All these three elements are separated “blocks”.
Furthermore, as another “blocks” there are some behavioral definitions what your are allowed to do with the license in connection with the software.
Hope this makes things more clear.
-Jan
You probably meant “you do purchase a license to use the software” — i.e. it’s a usage license rather than rights on/over the software product.
I think that section 2 is unclear:
2. Grant of license
The software is owned and copyrighted by Cosmigo. It is licensed, not sold. Title to
the software and all associated intellectual property rights are retained by Cosmigo.
Cosmigo grants you a non-exclusive and non-transferable right to use the software
for lawful purposes under certain obligations and limited rights as set forth in
this agreement.
The license type can be one of the following:
a) Free edition being a license free of charge which is feature limited compared
to a purchased license. The feature limitation is defined in the software documentation
and may vary from time to time. It is the default license when installing the software
and not using any license key.
b) A single user license is a purchased license that allows the use of all features
of the software by applying a license key.
c) An educational single user license is a purchased license that allows the use of all features
of the software by applying a license key.
You may use the software for non-commercial and non-profit purposes only.
Specifically the software may not be used to create products that are sold for profit or
to gain profits indirectly except if this profit is immediately used by or
donated to charitable organization/purposes or is returned into educational funds hold
exclusively by Licensee.
The last part, which follows directly license type “c”, also seems to refer exclusively to the educational license, because of the statement:
“the software may not be used to create products that are sold for profit or
to gain profits indirectly except if this profit is immediately used by or
donated to charitable organization/purposes or is returned into educational funds hold
exclusively by Licensee”,
which only makes sense in the context of the educational license.
Basically, it seems that there is no clear provision in respect to licenses “a” and “b” regarding the right to sell the images created with PMNG. Unless the above prohibition of selling the products for profit also applies to other license types as well (as it seems to), in which case they can’t be sold.
With contracts you first define what you are allowed to to do and then restrict by adding limitations.
2. Grant of license defines the type of license.
a), b), c) restrict or clarify concerning different types of licenses.
Since there is no restriction concerning the graphics created with the software with license type a) and b), there is just no restriction. Only type “c)” has a restriction on it.
You may use the software for non-commercial and non-profit purposes only.
clearly belongs to c)
True, but then the license preamble states, in this regard:
Cosmigo grants you a non-exclusive and non-transferable right to use the software
for lawful purposes under certain obligations and limited rights as set forth in
this agreement.
The “as set forth in this agreement” part seems to indicate that any lawful purposes / obligations / limited rights are to be defined in the document — hence the confusion, since the only mention of commercial use of produced artwork is that at point (c).
Yes, there is only the single point where a specific license type has limitation on the material created with the software. All other licenses don’t have this restrictions. And as said before… the contract limits (only) where there is limitation.