| Author: | Alasdair Taylor |
| Updated: | 16 March 2021 |
| Length: | 7-8 pages |
| Notes: | 11 pages |
| Format: | MS Word (.DOCX) |
These download terms and conditions may be used to govern the contract between a supplier of downloadable products and customers for those products. They are suitable for use in relation to sales to both consumers and business customers.
There are two main reasons why the online sale of downloadable products should be governed by properly drafted terms and conditions. First, such terms and conditions are required to comply with UK and EU laws on ecommerce and distance selling. Second, such terms and conditions set out the basis upon which the downloadable products may be used (i.e. the customer licence); without express basis for use it may be unclear what a customer is allowed to do with the document, and, just as important, what a customer is not allowed to do. By clarifying the basis of use, terms and conditions can protect the position of the publisher and reduce the chances of a dispute.
The terms and conditions come in several different forms, each suited to a particular type of downloadable product. The products covered are:
- articles
- course materials
- ebooks
- images
- music
- videos
- software
Article download terms and conditions - The sale of knowledge - in the form of articles, guides, analyses, white papers and similar documents - represents a significant proportion of small-business electronic commerce. This terms and conditions template has been designed for just this sort of transaction. The T&Cs make no assumptions about the contents of the electronic documents sold. If the contents of a document present particular risks (e.g. financial information, or instructions to undertake dangerous activities), you should consider adding a specialist disclaimer of liability.
Course material download terms and conditions - This template was created to cover the sale and supply of downloadable training or educational course materials. The document does not presume that the course materials are of a particular kind. Materials that may be made available under the document include written works, images, audio files and/or video files. However, the document does assume that all materials are downloadable. Nor does the template presume that the course materials cover a particular subject matter. From philosophy to cookery, from marketing to creative writing, and from sports instruction to critical studies - anything might be covered. Note, however, that some types of instruction (e.g. instruction on high-risk sports) will benefit from specific disclaimers of liability. Only general disclaimers of liability are included with this document. This document is not suitable for subscription based online courses - as to which see our selection of website terms and conditions of use.
Ebook download terms and conditions - We created this download agreement for websites selling downloadable ebooks to consumers and/or businesses. This template includes detailed licensing provisions, including various optional limitations and prohibitions. For example, sellers may want to limit the number of copies of an ebook that may be viewed and printed. They may also want to limit the number and type of computers and other devices upon which the ebooks may be stored. Optional licensing prohibitions in the download agreement include prohibitions upon the publication, sale, licensing, sub-licensing, renting, transferring, transmission, broadcasting, distribution, redistribution, editing, modification, adaptation or alteration of ebooks. You may also be interested in our ebook disclaimer, designed to be incorporated into an ebook.
Image download terms and conditions - This document has been created for websites offering images, including photographs and graphic works, for download and sale. Rights granted upon the purchase of an image are explained in detail in the document. Purchasers are permitted to download the image, but their rights may be otherwise restricted in specific ways. For example, publication may be limited to a certain number of websites controlled and operated by the purchaser. The document includes a general prohibition on the sale, lease, broadcast and transfer of the images. Alteration of the images may also be prohibited.
Music download terms and conditions - Our music download terms and conditions provide a template for operators of sites selling music files. The terms and conditions contain music-specific licensing terms, which will typically allow for personal uses, such as copying to devices, backing up or burning to a CD. Prohibited acts will typically include further distribution, altering the files, violating the law or competing with the seller. Customers are asked to acknowledge that the music download website is providing the digital music in a specific format and to affirm that they have the equipment necessary to make use of the downloaded file.
Software download terms and conditions - These terms and conditions are similar to our end user licence agreement (EULA) template. Unlike that template, they include provisions dealing with the sale of software to consumers.
Video download terms and conditions - In the case of sales to consumers, the terms and conditions suggest the limitation of use to personal use, and in the case of business, to internal business use. The default licence terms prohibit the resale, redistribution, broadcasting or public display of the videos. The document may be used irrespective of whether the videos have had copy protection technology applied. The T&Cs are not suitable for regulating the purchase of videos that are streamed to subscribers or supplied in a similar manner.
