Regular License • Revision date: 10 September 2016
1. License Agreement
1.1 The Regular License grants you, the purchaser, an ongoing, non-exclusive, worldwide license to make use of the digital work (Product) you have selected. Read the rest of this license for the details that apply to your use of the Product, as well as the Licensing FAQs which also form part of this license.
1.2You are licensed to use the Product to create one single Website for yourself or for one client ("a single application"), and the Website may be Sold.
1.3A Website is one of the following things, both requiring an application of skill and effort.
(a) For a Product that is a theme, the Website is a customised implementation of the Product.
For example: the Product is a theme template and the end result is the final Website inluding your customisations.
(b) For a Product that is a plugin, a Website is a work that incorporates the Product and additional content, so that it is larger in scope and different in nature than the Product.
For example: the Product is a blogging tool and the end result is a Website.
See the FAQs for examples and information about Websites and the single usage requirement.
2. Permitted Use
2.1You may create one Website for a client, and you may transfer that single Website to your client for any fee. This license is then transferred to your client.
2.2You may sell and make any number of copies of the single Website, as long as a separate License is purchased for each instance.
2.3You may modify or manipulate the Product. You may combine the Product with other works and make a derivative work from it. The resulting works are subject to the terms of this license and the website you create is subject to clause 1.3.
For example: You may license a brochure theme, include your own photos, modify the layout and publish it online to promote your event.
3.1You may only sell the website once to one client. (If you or your client want to Sell the Website, you will need the Extended License.)
3.2The Product, whether modified or accompanying any other product, may not be redistributed as stock, in a tool or template, or with source files. The Product may not be re-distributed or made available as-is or with superficial modifications.
For example: Purchasing a theme, converting it to another platform and selling or giving it to more than one client is not allowed. Licensing the Product and then making it available as-is on your Website for your users to download is not allowed.
3.3Using the Product 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 is not allowed. You may use the Product in this way only if you purchase a separate license for each application incorporating the Product that is created using the application.
Examples of "on demand", "made to order" or "build it yourself" applications include but are not limited to: website builders, software as a service products, and "create your own" contact form apps. You will need one license for each product created by a customer, or purchase an Extended License.
3.4Although you can modify the Product and therefore delete unwanted components before creating your single Website, you may not extract and use a single component of a Product on a stand-alone basis.
For example: You license a theme containing icons, you may delete unwanted icons from the theme, however extracting an icon to use outside of the theme is not allowed.
3.5You may not permit your client or end user of the Website to extract the Product and use it separately from the Website.
4. Other Terms
4.1For some Products, a component of the Product will be sourced by the author from elsewhere and different license terms may apply to the component, such as someone else's license or an open source or creative commons license. If so, the component will be identified by the author in the Product's description page or in the Product's downloaded files. The other license will apply to that component instead of this license. This license will apply to the rest of the Product.
For example: A theme might contain images licensed under a Creative Commons CCBY license. The CCBY license applies to those specific images. This license applies to the rest of the theme.
4.2Some Products are partially subject to a GNU General Public License (GPL) or another open source license even if the Product was entirely created by the author. For these Products, a 'split license' applies. This means that the open source license applies to an extent that's determined by the open source license terms and the nature of the Product, and this license applies to the rest of the Product. Where split licensing applies, this is noted in the Product's download files.
4.3Products that contain digital versions of real products, trademarks or other intellectual property owned by others have not been property released. These Products are licensed on the basis of editorial use only. It is your responsibility to consider whether your use of these Products requires a clearance and if so, to obtain that clearance from the intellectual property rights owner.
4.4This license applies in conjunction with the October Marketplace Terms for your use of October Marketplace. If there is an inconsistency between this license and the October Marketplace Terms, this license will apply to the extent necessary to resolve the inconsistency.
4.5This license can be terminated if you breach it. If that happens, you may no longer make copies of or distribute the Website until you remove the Product from it.
4.6The author of the Product retains ownership of the Product but grants you the license on these terms. This license is between the author of the Product and you. OctoberCMS is not a party to this license nor affilliated with the author of the Product.
See clause 1.3 of this license.
Sell or Sold
Sell, license, sub-license or distribute for any type of fee or charge.
Charis Ketikidis is an author of top-performing October CMS themes. In this post, he shares his thoughts on the commercial potential of the Marketplace for authors and tells us about the importance of product quality and customer support.