Biorender - Industry License Terms
Industry License Terms
These terms (“Industry License Terms”), together with our Terms of Service, are intended to govern your use of the digital illustrations, images (whether in two dimensional or three dimensional form), figures, templates, icons, drawings and any other pictorials, graphics or accompanying information provided to you by BioRender or its licensors (the “BioRender Content”). Our Services provide you with a robust platform to use and employ BioRender Content, combined with content you develop on your own or license from a third-party (“User Content”), to create final illustrations, images, figures, drawings and graphics (“Completed Graphics”).
These terms (“Industry License Terms”) only apply to BioRender Content used by Customers (or their Permitted Users) who register for a Paid BioRender Plan under the “Industry” category at https://biorender.com/pricing/ or pursuant to an Order Confirmation (an “Industry BioRender Plan”). Customers who register for a free-trial, will be granted a license under our more restrictive Basic License Terms until they acquire an Industry BioRender Plan.
You will be issued a content license under these Industry License Terms (an “Industry License”) for each item of BioRender Content contained in Completed Graphics you are permitted to download, including by screen capture or other permitted means, from our Service (referred to herein as an “Export” or “Exports”). Following your Export of Completed Graphics, we shall grant you the right to use BioRender Content in your Completed Graphics in the manner set out herein (the “Permitted Uses”) subject to the restrictions set out below. While we can change the Permitted Uses in accordance with our Terms of Service, this will not affect how you can use Completed Graphics that you Exported prior to that time.
Please ensure you Export Completed Graphics while using the Industry BioRender Plan if you require an Industry License to apply to your BioRender Content. Provided you have a valid Industry BioRender Plan and you comply with these Industry License Terms, we won’t charge you a separate license fee each time you Export a Completed Graphic.
Please read these Industry License Terms carefully before using our Services or any BioRender Content. Your failure to comply with the terms herein could result in legal proceedings and the immediate termination of your User-Account. Initial capitalized terms not defined herein shall have the meaning given to them in our Terms of Service.
2. Industry License
Subject to these Industry License Terms, BioRender hereby grants to you a worldwide, non-assignable, non-transferable, non-exclusive, and perpetual license (solely for the purposes contemplated herein) to create, copy, reproduce, use, process, store and transmit and sub-license (subject to Section 5 below) BioRender Content. All rights in and to BioRender Content, including, without limitation, all copyright and other Intellectual Property Rights (except as described in Section 6 below) relating to BioRender Content, are retained by BioRender or its licensors as the case may be. BioRender disclaims any Losses you incur as a consequence of your use or application of any BioRender Content in your Completed Graphics. We provide you with BioRender Content on an “as is” basis and make no representations or warranties that it is fit for use or any purpose.
Completed Graphics included in any published or printed material, including websites and social media, containing BioRender Content as permitted hereunder must include the following credit adjacent to the Completed Graphics or in audio/visual production credits: “Created with BioRender.com”.
3. Permitted Uses
Permitted Educational and Personal Uses: Subject to the restrictions described under Prohibited Uses below, the following are “Permitted Uses” of Completed Graphics containing BioRender Content licensed to you under these Industry License Terms:
- posters solely for academic or educational use,
- an unpublished thesis or dissertation,
- use in internal academic lab or team meetings by Customer or its Permitted Users,
- presentations which include Completed Graphics that are solely for academic or educational purposes or personal use cases,
- assignments or exams,
- teaching slides,
- personal blogs and website posts,
- personal social media posts posted by you on our Website,
Permitted Publishing Uses:
- journal publications,
- textbook publications provided that in each case the BioRender Content does not appear more than five (5) times in such publication (unless otherwise agreed in writing by BioRender), and
- a published thesis, provided in each case the BioRender Content does not appear in more than five (5) publications (unless otherwise agreed in writing by BioRender).
Permitted Commercial Uses:
- generating any type of direct or indirect revenue (including licensing or royalty fees) in connection with such commercial use,
- trade shows and related marketing materials including brochures,
- information packages or user guides which Customer may provide to its own customers, which uses shall be summarized and appear on the Website and which may be used after termination of this Content License Agreement,
- use the BioRender Content in a design created outside of BioRender,
- use or display the BioRender Content on a standalone basis on websites or other venues designed to induce or involving the sale, license or other distribution of “on demand” products, including postcards, mugs, t-shirts, posters and educational content, and other similar items, or
- install and use the BioRender Content in more than one location or post a copy on a network server or web server for use by other users,
provided that in the case of each Permitted Use above further limitations may apply that appear in an Order Confirmation, on our Website and which are brought to your attention during your registration under a BioRender Plan or creation of a User-Account, including for example the number of instances Completed Graphics may be used in any single Permitted Use and how a Completed Graphic may be used after termination of this Content License Agreement.
4. Prohibited Uses
You may not do anything with the BioRender Content or any Completed Graphics containing BioRender Content that is not expressly permitted in the preceding section.
For greater clarity, the following are Prohibited Uses (“Prohibited Uses”) under these Industry License Terms and each other Content License Terms:
- Download the BioRender Content on a standalone basis;
- Use the BioRender Content in templates of any nature that are not intended for exclusive use on our Website or are intended for distribution and/or sale to third parties;
- Use the BioRender Content in design template applications intended for resale, whether online or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates (except for templates created for use within BioRender).
- sell, license, share or distribute BioRender Content as a stand-alone product or as part of an online database in a way that allows a third party to use, download, extract, or access the BioRender Content as a stand-alone file;
- use, reproduce, distribute, perform, modify, or display the BioRender Content in any compilation or manner that is libelous, slanderous or defamatory, illegal, obscene or indecent;
- remove any copyright, watermark, logo or proprietary notice or other information that may appear on, be embedded in, or is in connection with BioRender Content or Services in their original form unless expressly permitted under these Industry License Terms;
- incorporate BioRender Content in any trademark or service mark without the prior written consent of BioRender;
- use BioRender Content in a manner that competes with BioRender’s business including, but not limited to, displaying BioRender Content in any format (including thumbnails) for download or Export on a website or offering BioRender Content for sale;
- include BioRender Content in any published or printed material, including websites and social media, containing the BioRender Content without including the following credit adjacent to the BioRender Content or in audio/visual production credits: “Created with BioRender.com”;
- to the extent that source code is contained within the BioRender Content, reverse engineer, decompile, or disassemble any part of such source code;
- use or display the BioRender Content in an electronic format that enables it to be downloaded, Exported or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement; or
- use or display BioRender Content in such a manner that gives the impression that the BioRender Content was created by you or a person other than the copyright holder of the BioRender Content.
The licenses granted to you under these Industry License Terms may be sublicensed to third parties, solely on and in connection with a Permitted Use.
By entering into a sublicense, you hereby agree that:
- you and your sublicensees shall comply with the Permitted Uses and not violate the Prohibited Uses as described herein,
- you shall be primarily responsible and liable for all sublicensees’ acts and omissions, and
- your sublicensees shall not have the right to grant further sublicenses without the prior written consent of or as otherwise agreed by BioRender.
Notwithstanding any of the Prohibited Uses set out herein, you may grant a sublicense to share and adapt Completed Graphics through an open-source licensing arrangement provided that any such adaptations do not violate BioRender’s Copyrights and do not allow for any Prohibited Uses under this Content License Agreement. Under no circumstances will any permitted or non-permitted uses of BioRender Content alter BioRender’s title, rights and ownership of the BioRender Content, no matter what agreement you may enter into with another third party with respect to the BioRender Content
6. Ownership of Intellectual Property in Derivative Works
You may make modifications, improvements, customizations, updates, enhancements, aggregations, compilations, derivative works, translations and adaptations (“Modifications”) to BioRender Content. You agree that BioRender shall be deemed to own the Copyrights in any Modifications of BioRender Content appearing in Completed Graphics prepared by you, and any such BioRender Content created by you is a “work made for hire” for BioRender under the U.S. Copyright Act and any and all similar provisions of law under other jurisdictions, and that BioRender shall be deemed to be the author of such works for all purposes. To the maximum extent permitted by applicable law, you hereby waive and release in favor of BioRender and its licensors all rights (if any) of “droit moral,” moral rights, rental rights and similar rights in and to such BioRender Content. To the extent that any portion of Modifications to BioRender Content do not qualify as a “work made for hire” under applicable law, or the extent that notwithstanding any of the foregoing, ownership of any portion of such BioRender Content does not vest in BioRender, you hereby irrevocably assign to BioRender and its successors and assigns, without further consideration, your Copyrights in Modifications to BioRender Content.
Except as provided above, BioRender does not otherwise own the Intellectual Property Rights in Modifications to BioRender Content you rightfully acquire under Applicable Law which, for greater certainty, shall not include minor Modifications that involve minimal skill or creativity. For example, you are unlikely to be granted any Intellectual Property Rights for your Modifications to BioRender Content which simply skews, applies colour changes or re-shapes BioRender Content.
Upon termination of your Industry BioRender Plan, if you are not in breach of your Agreement with BioRender:
- BioRender may, in its sole discretion, permit you to continue to use our Services under a Free BioRender Plan;
- Any Completed Graphics you Export after the termination of your BioRender Plan shall be subject to the Basic License Terms;
- Any use (including continued uses) of a Completed Graphic must comply with these Industry License Terms at the time they were Exported from our Services;
- You may not Modify BioRender Content or any portion of an Exported Completed Graphic other than for purposes of sharing or adapting a limited number of Completed Graphics;
- You may crop, reshape or resize a Completed Graphic containing BioRender Content to print a Completed Graphic;
- BioRender reserves the right to grant a license under any terms and for any consideration with a third-party for Modifications to BioRender Content, provided that such license does not otherwise infringe on your Intellectual Property Rights;
- We may migrate your Completed Graphics to a Free BioRender Plan, where you may have very limited access and reduced features to Modify such Completed Graphics unless you resume your Industry BioRender Plan.
Termination of Content Licenses You can terminate the licenses granted to you under these Industry License Terms by destroying the BioRender Content and Completed Graphics, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Completed Graphic for any purpose.
If you are in breach of our Agreement, your BioRender Plan and the licenses granted to you hereunder shall also terminate. Upon such termination, BioRender may require you to immediately (i) destroy or delete all copies and archives of the Completed Graphic or accompanying materials and (ii) if requested, confirm to BioRender in writing that you have complied with these requirements. We reserve the right to revoke or amend the license granted hereunder and replace the BioRender Content with an alternative for any reason.
Upon notice from BioRender, or upon your knowledge that any BioRender Content is subject to a threatened, potential or actual claim of infringement of another’s right for which BioRender may be liable, you must immediately and at your own expense (i) stop using the BioRender Content; (ii) delete or remove the BioRender Content from your premises, computer systems and storage (electronic or physical); (iii) ensure that your clients, printers or ISPs do likewise; and (iv) let BioRender know.