Art Licensing Agreement
This Art Licensing Agreement is entered into on the date of this purchase by and between MADAM RADICAL ("Licensor"), and this specific customer ("Licensee"), collectively referred to as the "PARTIES."
Grant of License:
Licensor hereby grants Licensee a non-exclusive, non-transferable license to use the purchased artwork created by Licensor (the "Artwork").
Scope of Use:
Licensee is permitted to use the Artwork for the purpose of creating derivative works, provided that the derivative works are significantly different from the original Artwork, and that the Artwork serves as an inspirational foundation for Licensee's creative output. Licensor is permitted to terminate use of Artwork between Parties following discovery of broken scope.
Prohibited Uses:
Licensee is expressly prohibited from creating earrings, pins, or any other product that involves solely the Artwork attached to a fitting such as keychain, stud, or hook. The only exception to this rule is for traditional Indigenous beaders, who may use the Artwork as "centers" for their earrings, provided that the final product is considered "beaded earrings." This means the beaded earrings must have enough beading added so that it is obvious that the Artwork is part of a larger, distinct creation.
Copyright and Ownership:
Licensor retains full ownership and copyright of the Artwork. Licensee acknowledges that the rights granted in this Agreement are for a limited purpose and do not constitute a transfer of ownership or copyright.
Term and Termination:
This Agreement shall commence on the date of execution and continue until terminated by either party with written notice. In the event of termination, Licensee shall immediately cease all use of the Artwork.
Compensation:
Licensee shall pay Licensor the agreed-upon compensation for the license to use the Artwork at time of checkout.
Attribution:
Licensee shall provide proper attribution to Licensor in any online e-commerce listings or product descriptions that feature or include the Artwork. The attribution shall clearly state that the Artwork is the creation of Madam Radical.
Confidentiality:
Both Parties agree to keep the terms and conditions of this Agreement confidential and not disclose them to any third party without the written consent of the other Party.
Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of British Columbia, Canada, and any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of British Columbia, Canada.
Entire Agreement:
This Agreement constitutes the entire understanding between the Parties and supersedes all prior agreements, written or oral. Any modifications to this Agreement must be made in writing and signed by both Parties.
IN WITNESS WHEREOF, the Parties hereto have executed this Artwork Licensing Agreement as of the date of this purchase.