Terms of use and non-exclusive License agreement between Roland Brown (hereafter referred to as “Artist”) and yourself (hereafter referred to as “Client”)
Scope of this Agreement. This Agreement applies to any image, graphics, digital assets, or digital images created by Artist and delivered to the Client (collectively known as “IMAGES”).
Terms of use: This license provides the Client with the limited right to reproduce, publicly display, and distribute the Images for a one-time, first edition use for either print or web, along with advertising. This use may be for commercial or editorial purposes, as part of any printed or digital publication that constitutes a greater body of work, such as a book or PDF that also contains written content.
Specific terms of use: Client may reduce the images.
Client may convert color images to greyscale.
Client may crop the images.
Client may composite PNG images that contain an alpha channel on top of other backgrounds.
If the images are used in any publication, Client must include the statement “some artwork © Roland brown, used with permission, All rights reserved.” in the credits.
Client may not color, modify, adapt, translate, reverse engineer, decompile, or disassemble the Images.
Client may not use the Images, or any part thereof, as a trademark, logo, or element of brand identity.
Client may not use the Images to endorse, or imply the endorsement of any goods or services.
Client may not use the images as the basis for any physical or digital merchandise, including but not limited to t-shirts, greeting cards, mugs, posters, prints, etc.
Rights: Except for the client’s right to use the Images granted by this agreement, all Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of the Artist. Images used for any purpose not directly related outside of those terms must be with the express permission of Artist and may include the payment of additional fees, unless otherwise agreed to in writing.
Images may contain copyright management information (CMI) at the discretion of the Artist in the form of either 1) a copyright notice © and/or 2) other copyright and ownership information embedded in the metadata or elsewhere unless otherwise agreed to by the Parties. Removing and/or altering such information is prohibited and constitutes a violation of the Digital Millennium Copyright Act (DMCA) and Client will be responsible to the Artist for any penalties and awards available under that statute.
Relationship of the Parties: The parties agree that Artist is an independent contractor and that Artist is not an employee of the Client. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Artist and the Images or any other deliverables prepared by Artist shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Client are contractual in nature and are expressly defined by this Agreement.
No Exclusivity: This Agreement does not create an exclusive relationship between the parties. Client is free to engage others to perform services of the same or similar nature to those provided by Artist, and Artist shall be entitled to offer and provide services to others, solicit other clients and otherwise advertise the services offered by Artist.
Transfer and Assignment: Client may not assign or transfer this agreement or any rights granted under it. No amendment or waiver of any terms is binding unless in writing and signed by the parties. Client may not resell or redistribute any image, graphics, digital assets, or digital images to other parties. No amendment or waiver of any terms is binding unless in writing and signed by the parties.
Indemnification: Client will indemnify and defend Artist against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the Images or materials furnished by Client.
Waiver: No action of either party, other than in writing agreed to by the parties, may be construed to waive any provision of this Agreement and a single or partial exercise by either party of any such action will not preclude further exercise of other rights or remedies in this Agreement.
Agreement: Client acknowledges that client has read, understood, and agrees to be bound by the terms and conditions of this agreement.