VIEWS: 4,139 PAGES: 5 CATEGORY: Protecting Intellectual Property POSTED ON: 10/19/2007
This License for Website Use of Art is an agreement between a website owner and an artist to use the artist's work on the website. It grants the website owner a non-exclusive license to use the art. This document contains the material terms and conditions of the agreement including the payment details and provisions regarding warranties and indemnity. It can be customized to fit the specific needs of the contracting parties. This document should be used by website owners and artist to license artwork.
This License for Website Use of Art is an agreement between a website owner and an artist to use the artist's work on the website. It grants the website owner a non- exclusive license to use the art. This document contains the material terms and conditions of the agreement including the payment details and provisions regarding warranties and indemnity. It can be customized to fit the specific needs of the contracting parties. This document should be used by website owners and artist to license artwork. WEB SITE ART LICENSE AGREEMENT This Web Site Art License Agreement (the “Agreement”) is made by and entered into between ____________________ (“Web Site Owner”) and ____________________ (“Artist”). In consideration of the foregoing promises and the mutual covenants set forth herein, and other valuable considerations, the parties agree as follows: I. GRANT OF LICENSE Artist hereby grants Web Site Owner a non-exclusive worldwide license to use the art described as________________________ (the “Art”) on any internet website maintained by Web Site Owner. This license allows Web Site Owner to make suitable graphics file formats for placement on such sites and any such graphic depictions of the Art may be used on such sites. This license does not allow Web Site Owner to grant sub-licenses of any kind with respect to the Art. Upon execution of this Agreement, Artist shall deliver to Web Site Owner such hard copies of the Art as Web Site Owner may reasonably request. Artist shall also provide access to original manifestations of the Art in order to assist Web Site Owner in the creation of graphical depiction for placement on Web Site Owner’s site(s). This license does not permit Web Site Owner to modify the Art in any way except for graphic format modification as needed to be published on Web Site Owner’s site(s). II. PAYMENT FOR USE In consideration for the grant of license to use the Art, Web Site Owner agrees to make a one-time payment to Artist in the amount of ________ ($____) Dollars. Should Web Site Owner desire to use the Art in ways other than those specified in this Agreement, additional agreements and payments will be required. III. WARRANTIES Artist warrants that the Art provided pursuant to this Agreement does not violate any other agreement or obligation between Artist and any third party. Further Artist warrants that the Art does not infringe any copyright, patent, trade secret, or any other proprietary right held by any third party. Artist warrants that the Art has not previously been sold, assigned, or transferred to any third party, nor do any third parties have exclusive rights to the Art. IV. INDEMNITY Each party shall indemnify, assume the defense of, and hold harmless the other party and its directors, officers, employees, and agents from every claim, loss, damage, injury, expense (including attorneys’ fees), judgment, and liability of every kind, nature, and description arising in whole or in part from the indemnifying party’s negligent, © Copyright 2013 Docstoc Inc. 2 fraudulent, or illegal acts or omissions except, as to the party requesting indemnification, to the extent such liability results in whole or in part from the unauthorized, negligent, fraudulent, or illegal act or omission of the party requesting indemnification. V. PROPRIETARY RIGHTS By signing this Agreement, Web Site Owner understands and agrees that Artist shall retain all exclusive rights in the Art and all proprietary rights in relation to the Art including, but not limited to, the copyright or any other rights that may exist under applicable law. Further, Web Site Owner agrees not to contest, dispute, or take any actions with regards to the proprietary rights of Artist, the Art, and its depictions. Artist shall retain the right to obtain and apply for copyright registration relative to the graphical depiction of the Art to the extent a separate copyright is available or necessary. Artist shall have the sole and exclusive right to bring any claim, suit, or demand against a third party for infringement upon the proprietary rights of Artist as to the Art. VI. AMENDMENTS TO AGREEMENT This Agreement may only be amended by a writing signed by Artist and authorized by Web Site Owner. VII. LEGAL DISPUTES This Agreement shall be governed by the laws of the State of ____________. The parties hereby waive any right to argue conflict of law principles. The parties agree that any claim or dispute between them or against any agent, employee, successor, or assign of the other, whether related to this Agreement or otherwise shall be first taken to arbitration. Any award of the arbitrator may be entered as a judgment in any court of competent jurisdiction. Further, should either party or any successor or assign of either party, bring legal proceedings in connection with this Agreement, the party or parties prevailing in such proceeding shall be entitled to recover reasonable attorneys’ fees and costs from the non-prevailing party in addition to any other such relief as may be granted. VIII. NON-WAIVER No failure of or neglect by either party hereto, in any instance, to exercise any right, power, or privilege under this Agreement or under applicable law shall constitute a waiver of any other right, power, or privilege in any other instance. All waivers by either party must be in writing and signed by the party to be charged. IX. ENTIRE AGREEMENT This Agreement contains the entire agreement and understanding between the parties and supersedes any prior or contemporaneous written or oral agreements, representations, © Copyright 2013 Docstoc Inc. 3 and/or warranties between them respecting the subject matter of this Agreement. This Agreement may be amended only by a writing signed by Artist and by a duly authorized representative of Web Site Owner. If any term, provision, covenant, or condition of this Agreement, or the application of same to any person, place, or circumstance, be held invalid, unenforceable, or void, the remainder of this Agreement and such term, provision, covenant, or condition as applied to other all persons, places, and circumstances, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WEB SITE OWNER ARTIST __________________________ ______________________________ Authorized Signature Authorized Signature __________________________ ______________________________ Print Name/ Title Print Name/ Title © Copyright 2013 Docstoc Inc. 4
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