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User Works
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Additional Products
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License
AGREEMENT
This Agreement Between:
a) ................................................(known
hereafter as the Artist) of the one part, and
b) SmartNet IBC LTD (trading as www.human-anatomy-for-artist.com
, Figure Drawing and Pose Resource for Artists), of 60 Market Square
P.O.Box 364, Belize City, Belize (known hereinafter as the Licensor)
of the other part.
1. LICENSE
1.1 On payment of the License Fee (this being found at www.human-anatomy-for-artist.com
, which may change from time to time), the Licensor grants to the Artist a perpetual,
worldwide, non-exclusive, license to use the Products (these being hi-resolution
photo files found at www.human-anatomy-for-artist.com
) and to adapt and modify them in any way the Artist so wishes for the purposes
given in Clause 1.3.
1.2 The Products are only licensed to the Artist and are
not sold.
1.3 The Products may only be used by the Artist for the following
purposes:
(a) Personal use;
1.4 The Artist is not permitted under any circumstances to:
(a) To use the Product for any commercial purpose.
(b) Provide any free download of the Products in any web site or electronic
devices.
(c) To resell the Product itself
2. PAYMENT
2.1 The Artist will pay a License Fee to the Licensor for the License provided.
2.2 The Licensor will not be entitled to any further payments other than the
License Fee from the Artist regardless of how the Products are used (in accordance
with Clause 1.3).
3. WARRANTIES
3.1 The Licensor warrants and undertakes to the Artist that:
(a) it has the right to enter into and perform this Agreement and to grant this
License;
(b) it has separate agreements in place with all models who have agreed to the
using of their photos for creating 3D models, characters for games and any other
commercial or non commercial use;
(c) the Products and service provided do not infringe the Intellectual Property
Rights of any third party.
(d) should the photograph capture an object, whose design shall be protected
by copyright or a third party's trademark, the Artist (the other contracting
party) acknowledges that it shall use such photograph in such manner, so as
not to infringe on the copyright or third party’s trademark in question.
Should the Artist (the other contracting party) act in violation of this provision,
it shall bear the related effects and consequences.
3.2 The Licensor shall indemnify (and shall keep fully indemnified) the Artist
from and against all costs, losses, expenses and damages (including reasonable
legal fees) arising out of or in connection with any claim or claims that results
in a breach by the Licensor of any of the warranties set out in Clause 3.1.
3.3 The Artist warrants and undertakes to the Licensor that:
(a) it has the right to enter into and perform this Agreement.
3.4 The Artist shall indemnify (and shall keep fully indemnified) the Licensor
from and against all costs, losses, expenses and damages (including reasonable
legal fees) arising out of or in connection with any claim or claims that results
in a breach by the Artist of any of the warranties set out in Clause 3.3.
4. GENERAL
4.1 This Agreement is governed by the laws of Belize and subject to the jurisdiction
of the Belize courts.
4.2 Both parties shall keep confidential the terms of this Agreement unless
otherwise agreed in writing.
4.3 The Artist and Licensor are independent contractors and nothing in this
Agreement will be deemed to place the parties in the relationship of principal
agent, partners of joint ventures.
4.4 To the extent that any provision of this Agreement is found by any court
or competent authority to be invalid, unlawful or unenforceable in any jurisdiction,
that provision shall be deemed not to be a part of this Agreement. It shall
not affect the validity, lawfulness of enforceability of that provision in any
other jurisdiction.
4.5 The parties agree and intend to be bound by this Agreement.
The Artist:
Signed:
Dated:
Signed:
Richard Polák
Dated:
Click here for download the .doc file.
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