Wondershare Technology Asset License Agreement
Effective Date: May 10, 2024
Wondershare and Wondershare Filmora (hereinafter referred to as "We") are committed to providing you with more convenient creative editing software. We have also provided a rich library of assets resources, including videos, music, images, stickers, text templates, typography, fonts, sound effects, special effects, filters, canvases, animations (video animations, sticker animations), and other digital media works (hereinafter collectively referred to as "Assets") to enrich your creations.
By using Wondershare Filmora to export your design works that include Assets, you agree to be bound by this Asset License Agreement, the Wondershare End User License Agreement, the Wondershare Privacy Policy Agreement, and the Wondershare Terms & Conditions. Please fully understand the above agreements and rules before using Assets and related services. If you do not agree to all or part of the terms of the above agreements, please do not use any Assets.
1. Basic Information
1.1 For the purposes of this Agreement, "Assets" shall mean the videos, music, images, stickers, text templates, typography, fonts, sound effects, special effects, filters, canvases, animations (video animations, sticker animations), and other digital media works, that are made available to the Licensee for use within the Wondershare Filmora software.
1.2 We reserve the right to cancel or modify the license rights granted to you under this agreement at any time in accordance with the law, and to change, replace, or remove any Wondershare Assets at any time.
1.3 When we provide Assets, these include Assets for both Commercial and Non-commercial Use, as well as Free and Paid Assets.
1.4 Wondershare Assets are protected by the laws and regulations of China and international copyright treaties to which China is a party. Wondershare and the relevant rights holders retain all rights not expressly granted to you under this agreement, including copyright and other intellectual property rights.
2. Assets for Commercial Use and Assets for Non-commercial Use
2.1 Identification
Assets for Commercial Use within Wondershare Assets are marked in the software with symbols such as "©", "commercially", "for commercial use", etc. Assets without these markings are for personal use.
2.2 Assets for Commercial Use License
You may use Assets for the following purposes:
1) Online media and social media:
(i). Original content sharing: Creator-produced original videos that participate in revenue-sharing programs on video platforms, such as Vlogs, entertainment videos, and technical explanations.
(ii). Membership content and paid subscriptions: Videos providing exclusive content or additional benefits to paid subscribers through membership features.
(iii). Brand sponsorship: Videos produced in cooperation with brands for product placement, brand promotion, or direct sponsorship, including product introductions, brand promotion, reviews, and tutorial videos.
2) Online advertising:
(i). Online Channel Distribution: Videos for brand promotion and product demonstration that are published through internet channels, including website banner advertisements, social media tailored advertisements, email marketing campaigns, affiliate marketing advertisements, and etc.
(ii). E-commerce promotion: Videos published on e-commerce platforms such as Amazon, Ebay, Alibaba, etc., for the purpose of selling goods directly or indirectly, including product display, advertising promotion, tutorials, and installation guides.
(iii). Live streaming Commerce Usage: Videos played during live streaming sales for profit. You may obtain commercial benefits through platform revenue sharing, advertising revenue, product sales, subscription fees, and other means in the above uses.
2.3 Assets for Non-commercial Use License
You may use Assets for Non-commercial Use for the following purposes:
1) For personal and non-commercial communications on self-media and various online media channels, including but not limited to websites, blogs, Weibo, WeChat public accounts, TikTok, YouTube, and Facebook, encompassing the creation of long or short-form videos, as well as microblog and blog posts.
2) Solely for the creation, publication, and utilization of non-commercial video templates and video editing/creative tutorials within the Filmora platform.
3) For the production of non-commercial print materials, posters, and other tangible reproductions, as well as for the non-commercial distribution of works incorporating designs utilizing Wondershare's material resources, with the exception of audio materials.
4) As background images and decorative elements for personal computing devices and mobile phones.
5) For other personal uses including, but not limited to, personal appreciation, educational purposes, adornment of personal items, and decoration of residential spaces.
3. Free Assets and Paid Assets
Some Assets are exclusive to subscribers and are marked with a in the Wondershare Filmora assets library. As a subscriber, you may use such assets to create and export works within the validity period of your subscription and use them within the scope of personal/commercial authorization as required by the assets. After the subscription expires, you can still use the exported works within the authorization scope, but you cannot export new works using paid assets.
4. Restrictions on the Use of Assets
When using all types of Assets, you must comply with the following restrictions:
4.1 You may not sublicense, resell, lease, lend, transfer, donate, or otherwise distribute Assets or the rights granted under this agreement.
4.2 You may not use any Assets as part of a trademark, design mark, brand name, company name, service mark, or logo.
4.3 You may not remove or embed any copyright, trademark, or other proprietary notices in any Filmora or related works created through Filmora features.
4.4 You may not use the Assets separately from the video or display the content separately on websites or elsewhere, including but not limited to: i. Creating resalable design elements, such as APP skins, themes, wallpapers, NFTs, etc.; ii. For online resale, such as design templates, design elements, screensavers, PPT templates, H5 templates, etc. ; iii. Creating resalable goods, such as templates, wallpapers, phone cases, greeting cards, postcards, calendars, cups, T-shirts, etc.; iv. Used as material for analysis or research, such as using it as training data for machine learning.
4.5 You may not use Assets in a manner that is pornographic, obscene, immoral, infringing, defamatory, or libelous, or in a manner that may damage the reputation of any individual or property reflected in the Assets.
4.6 You may not place any person depicted in Assets in a disadvantaged position or use Assets in a manner that they may find offensive, including but not limited to: I. Pornographic content, adult videos, or similar content or products. II. Adult entertainment clubs or similar venues, or advertising or promotional assets for companionship, dating, or similar services. III. Tobacco product advertisements. IV. Content related to political endorsements (such as any political party, candidate, elected official's campaign, advertising, or support activities, or involvement in any political strategy or viewpoint). V. Advertising or promotional assets for pharmaceutical or healthcare products, herbal or medical products (including but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene, or contraception products). VI. Defamatory content or other illegal, offensive, or immoral content uses.
4.7 You may not use Assets in a manner that competes with Filmora features and services, including but not limited to displaying content in any format (including thumbnails) on websites for download or export, or providing content for sale.
4.8 You may not use Assets in the creation of films, television series, or theatrical plays.
4.9 Please do not use Assets in other software or platforms other than Filmora for editing, such as removing parts of elements, changing the shape of a single character, cropping to the point where the original work is unrecognizable, etc. Since the works edited on other platforms are different from those edited in Filmora, we could not certify that the work was created in Filmora. Therefore, we could not issue any copyright certificate for your edited works.
4.10 You acknowledges that assets offered through the Filmora platform by third-party platforms may be subject to permissions that allow for specific uses as outlined in the clauses above. It is the sole responsibility of the Licensee to examine and validate the pertinent licensing terms and conditions stipulated by the third-party.
5. Service Agreement
5.1 If the content you create on the platform includes any Assets, you shall comply with the terms of this agreement and may not use such content at your own discretion. If the content you create in Wondershare Filmora includes Assets for both Commercial and Non-commercial Use, you may only use these contents for personal and non-commercial purposes and not for any commercial purposes or objectives.
5.2 Any use of Assets beyond the scope of the authorization granted constitutes a material breach of this agreement. Upon discovery of such behavior, Wondershare has the right to:
(1) Immediately suspend the access rights, usage rights, and other rights and interests obtained by the relevant users (including subscribers) under this agreement;
(2) Require the relevant users to compensate Wondershare and/or its affiliates for any claims made by third parties against Wondershare and/or its affiliates due to the violation of these terms, including all losses incurred by Wondershare and/or its affiliates in any complaints, investigations, disputes, litigation, or arbitration;
(3) Reserve the right to pursue legal responsibility against the relevant parties.
5.3 If you become a subscriber, we are not obliged to provide a refund for any non-use during the subscription period.
5.4 You acknowledge and understand that Wondershare has the right to cancel or modify the license rights granted to you under this agreement at any time, and to change, replace, or remove any Wondershare material resource at any time. The removal or change of a resource (including changing from a free resource to a subscriber-exclusive resource) may affect your editing and export. However, the Assets in the works you have already exported can still be used according to the authorization scope at the time of export.
6. Governing Law and Dispute Resolution
This agreement will be governed by the laws of the People's Republic of China without giving effect to the conflict of laws. Any disputes arising out of or in connection with this agreement shall be settled by the Shenzhen Court of International Arbitration in according with its effective rules to the extent not prohibited by local law in your jurisdiction。
7. Miscellaneous
7.1 This Agreement shall apply to the Wondershare Filmora software operated by Wondershare, which includes, without limitation, multiple versions of the mobile internet application, PC application, official website, and web-based version of Wondershare Filmora. Additionally, this Agreement encompasses the use of related Software Development Kits (SDKs) and Application Programming Interfaces (APIs) provided for access to and utilization of Wondershare Filmora products and associated services by third-party websites and applications..
7.2 If you require to contact Wondershare Technology for any reason, please direct your inquiries to support@wondershare.com. The business address for Wondershare Technology is located at: 10th Floor, Block D, Building 5, Software Industry Base, Haitian 2nd Road, Nanshan District, Shenzhen, Guangdong Province.
Wondershare Technology may periodically update this Agreement. Your continued use of the software constitutes acceptance of such updates. If you do not accept the updated Agreement, you may choose to terminate this Agreement. In such an event, Wondershare Technology shall not be liable to you for any compensation or costs.
ACKNOWLEDGMENT BY INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FORE GOING AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSED OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE LICENSE DESCRIBED HEREIN.