I realise this is a question that should be asked from a “legal person” instead of forums, and I probably will, but I thought I could ask here first… (after three hours of reading the licensing terms + wiki and searching these forums for a similiar case)
English is not my native language so the fine details of licenses elude me.
1) If I buy a regular license (WP-theme), I can sell it to a client of mine as a single website but not as a template to be used freely, correct? (more precisely, I set up a website for a client, using WP and a theme from TF, including other services such as domain registeration & stuff)
2) With a regular license, can I sell a website (using WP-theme from TF) on my company’s website using a screenshot for example, and as soon as a customer orders such site, I will not sell any websites using that theme for anyone else?
In short: One license + one WP-template + one client, but the package (my services and the theme) is sold as a product on my company’s website?
Naturallly I will NOT claim to be the designer of the websites, only the… installer
Thank you for your responses! I will gladly describe more details if needed.
Using a regular license means you can use the theme in 1 place, so it sounds like you have that right.
There have been quite a few people who display a list of templates in their “Portfolio” section of their website, which isn’t cool since that makes it appear to be their work.
As long as you are transparent about it by giving credit to the theme’s author, and are clear what services you are providing that sounds ok, you can contact support for an official answer.
Overall just listen to your conscience and common sense.
Thank you for your quick response!
Unfortunately, Themeforest support doesn’t answer to questions about licenses. (“due to the sensitive and legal nature of licensing questions, Support is not qualified to provide assistance with these types of inquiries”)
The TF licensing terms say: “You must not incorporate the Work in a work which is created for Resale by you or your client.”
So the precise question is the definition of resale: Is it resale if there is only one client and I’m not selling the theme, but the site as a complete product?
Essentially you must pay the author, through ThemeForest, each time you produce a website using the theme.
So in your example, if you were to put a screenshot of the theme on your company’s website and two people contacted you asking you to produce a website from that particular theme you would have to purchase the theme twice on Themeforest. You are allowed to do this because of the this stipulation:
(f) You may use the Work in a work which you are creating for your own purposes or for your client who has asked you to create it.
You must not incorporate the Work in a work which is created for Resale by you or your client.The above point means the theme cannot be used in any project which you intend to sell again and again (like how the theme itself is sold multiple times). You can use the theme in one project that is sold one time to a single client.
Exactly. I intention is to only use each theme once to maintain at least a little bit of individuality for my clients, and I will buy the theme(s) beforehand, so I will not even advertise something I don’t yet have the license.
After websites are completed, I probably will emphasize the client companies in my company’s portfolio (instead of the websites), while clearly stating the true author of the design.
Thanks for your replies!