LICENSE AGREEMENT
The License Agreement (this “Agreement”) is dated as of _______(the
“Effective Date”) by and between _____________an e-commerce company formed under laws of ________________having its principal place of business at __________________ ( the “Company”) AND ___________ having
an address at ____________(the “Artist”). Each of the Company and
Artist may be referred to in this agreement individually as a “Party”, collectively as
the “Parties”
RECITALS
WHEREAS, The Company engages in the business of selling artwork made on vintage
books. The Company creates and sells prints with 3 illustrations made by the Artist.
WHEREAS, The Artist is an illustrator.
WHEREAS, The Company and the Artist wish to enter into this Agreement and to
formalize certain understandings reached between the Parties.
NOW THEREFORE, the Company and Artist, intending to be legally bound, hereby
agree as follows:
- Licensed Art. Subject to the terms and conditions of this Agreement, Artist
shall illustrate prints for the Company. Artist represents and warrants that the
Artist does not infringe upon the rights of any third party. - License. Artist retains the non-exclusive and sub-licensable right to his work.
However, the Artist is refrained from using the work to create prints on book
pages. - Restrictions. Except as set forth expressly herein or as permitted by the
Company with prior written consent, Artist shall not, and shall not permit to
(a) sublicense, sell, or distribute the work hereunder; or (b) modify the work
hereunder. - Payment. In Consideration for the use of the illustrated work, Artist shall
receive from Company: (i) 15% of money from every sold print (the “Revenue
Payment) (ii) a minimum amount 300 euros per month procured in the first 3
months of collaboration. The total amount shall be 900 euros in the period of 3
months (If the Company sells prints with the Artist’s images for 1000 euros in a
month, the artist will be paid 300 euros instead of 150 euros to match the
minimum amount). - Term. The term of this Agreement shall commence on the Effective date, and
continue for 3 months. Upon expiration of 3 months, the Agreement may be
terminated by the Company or the Artist through sufficient written notice. If
the contract is not terminated after three months, the Artist continues to
receive 15% of money acquired from sales.
- Rights assigned to the Company. The Company is allowed to promote the
illustrated works on their social media platforms, through ads, email
marketing, through social media influencers and any other platforms for the
purpose of promoting the products. In instances where the Company promotes
the illustrated work on social media platforms, the Company shall tag the artist
in ads, social media posts and on the product page. The Rights assigned to the
Company may not be transferred to any Company or third parties. - Confidentiality. Company may disclose to the Artist certain confidential
information regarding its technology and business (“Confidential Information”).
Artist agrees to keep confidential and not disclose or use any Confidential
Information except to support its use of the illustrated work. Confidential
Information shall not include information that Artist can show (a) was already
lawfully known to or independently developed by Artist without access to or
use of Confidential Information, (b) was received by Artist from any third party
without restrictions, (c) is publicly and generally available, free of
confidentiality restrictions; or (d) is required to be disclosed by law, provided
that Artist provides Company with prompt notice of such requirement and
cooperate in order to minimize such requirement. - Limitation of Liability. To the maximum extent permitted by applicable law,
in no event shall Company be liable to Artist or any third party for any
damages, including but not limited to incidental, consequential, indirect,
direct, and special or punitive damages arising out of the illustrated work. In
no event shall the Company’s maximum cumulative liability under any cause of
action exceed the amount paid by Company to Artist. As such, if the Company
has not made any payments to Artist in order to use the illustrated work,
Company shall not have any liability to Artist. - Disputes. Any disputes arising out of this Agreement shall be solved through
negotiation. - Warranties, Disclaimer of Warranties. Artist represents and warrants that the
Illustrated work shall fulfill the needs of the Company as specified and do not
infringe the intellectual property rights of any third parties. - Miscellaneous. This Agreement represents the entire agreement between the
parties regarding the subject matter hereof and supersedes any and all other
agreements between the Parties, whether written or oral, regarding the
subject matter hereof. Except as expressly set forth herein, this Agreement
may not be modified or amended except in a writing executed by both parties.
All waivers must be in writing. If any part of this Agreement shall be invalid or
unenforceable, such part shall be interpreted to give maximum force possible
to such terms as possible under applicable law, and such invalidity or
unenforceability shall not affect the validity or enforceability of any other part
or provision of this Agreement which shall remain in full force and effect.
The Agreement shall be governed by the laws of _____, and the
competent courts in_________________ shall have exclusive jurisdiction to
hear any dispute arising hereunder.
IN WITNESS WHEREOF, the Parties have executed this Agreement through their duly
authorized representatives as of the date first written above.
By: ____________ By: __________
Name: __________ Name: _________
At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )