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I own a marketing company and we used a wrapbootstrap

I own a marketing...

I own a marketing company and we used a wrapbootstrap template for a client project. We paid the individual license fee, modified the template for our purposes, and the client does not intend to resell, only to provide as an included service for their clients. What licensing is correct? The terms are vague...http://support.wrapbootstrap.com/knowledge_base/topics/usage-licenses

Lawyer's Assistant: What state are you in? And have you consulted a local attorney?

Colorado - not yet.

Lawyer's Assistant: Has anything been officially filed? If so, what?

Not sure what you mean

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Answered in 3 hours by:
3/14/2018
Attorney Wendy
Attorney Wendy, Attorney
Category: Business Law
Satisfied Customers: 1,193
Experience: Member at Keefer & Keefer LLC
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Hello. My name is ***** ***** I am an attorney. I am going to take a look at the terms of the wrapbootstrap usage license to help provide a response. I hope to have that to you shortly.

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Customer reply replied 4 months ago
Thank you very much. It's just confusing about how our intended activities might be categorized.

Can you tell me a bit more about what the client intends to do with the template/item in terms of including it in service for their clients? What exactly did you create for them and how will they be providing it to their clients?

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And, I guess to be more clear on my end, did you develop a website or app for the client and they will now use that website or app to provide online sales or services to their clients?

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I have been reviewing the usage license language and, as with many such licenses, it can be confusing. You are certainly not alone. As the company provides templates and themes for websites and apps and provides those not only to those seeking to create or update their own websites or apps but clearly to professionals who design the same for their clients, the usage license is best interpreted to allow for a single use - for the single application v. multi-application license - meaning for a single client's website or app. Once you use that template for the website/app neither you nor your client can resell or otherwise distribute (through a commercial chain) the template or any part of it as a standalone product. That does not prevent - and indeed the license is intended for use as - use of the designed website to then sell the client's products and services or otherwise engage with the client's customers. When using a template like this - that you license from a third party - it is always a good idea when you turn over the finished website/app to provide a copy of the license language to the client so you provide protection for yourself by being able to note in your own file that the client was notified of the terms of the license. That way is wrapbootstrap said the client misused the license, you would have some protection. This method of communicating to the client also avoids your having to try to explain it yourself.

I hope this helps. If you have additional questions, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Customer reply replied 4 months ago
We used the template to build a custom ecommerce site. They take the site and modify for each of their large corporate clients (custom logo, product mix, etc.) so that their client may purchase contracted items at contract prices.

That is okay unless your client is using parts of the template to modify and sell as new products. In other words, your client cannot modify the template and sell any part of that.

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Customer reply replied 4 months ago
Makes sense to me. They sell computers not software, so no danger of template resale. So in your opinion I would be covered for usage under the single application license?

Yes, you should be.

Attorney Wendy
Attorney Wendy, Attorney
Category: Business Law
Satisfied Customers: 1,193
Experience: Member at Keefer & Keefer LLC
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