Royalty-Free, Non-exclusive End User License Agreement for Licensor Art by Andy Nortnik, LLC/DBA Colorado Storefront For CD ROMs and Digital Downloads
To use and/or purchase my art constitutes your complete acceptance to the terms and conditions stated below. All of my images are copyright protected under United States and International laws. The Artist shall retain all copyrights in and to the images. The purchase of my images does not constitute a transfer of copyrights from Art by Andy Nortnik, LLC to the purchaser.
Agreement: Entered into between Art by Andy Nortnik, LLC (hereinafter referred to as the "Illustrator", "Licensor" or "Artist"), located at 484 Quartz Circle, Bailey, CO 80421 and Purchaser of the image or image collection (hereinafter referred to as the "Licensee", "buyer" or "purchaser").
Subject to the terms and conditions hereof, the Artist hereby grants the Licensee a non-exclusive, nontransferable, non-sublicenseable, WORLDWIDE right and license to USE THE IMAGES during the term of this Agreement. This agreement is NOT a transfer of copyrights nor is it a buyout of these images. The IMAGES are licensed and not sold.
In addition to the above, please comply to the rest of my terms and conditions:
Termination: This Agreement may be terminated at any time by the Licensor if the Licensor feels the agreement has been breached or image(s) have been used or manipulated in an obscene, rude or any other manner deemed inappropriate by Licensor. Upon Termination of the agreement, the Licensee's obligations are as follows: A. Licensee will cease or phase out all Marketing of the Work B. Licensee will destroy all forms of the artwork, including electronic, hard copy or other media formats provided by Licensor including all original, duplicated and replicated files.
Limitation of Liability and Indemnification: The Artist will not be liable for indirect, special or consequential damages, or any loss of revenue, profits or data, arising in connection with the download and/or use of the purchased product. You agree to defend, indemnify and hold the Artist, and each of their successors, licensees and assigns) free and harmless from any and all claims, liabilities, costs, losses, damages or expenses, including attorneys' fees and expenses, arising in connection with Your use of the Content or of any breach or alleged breach of any representation, warranty, or other promise made by You in this Agreement. The Licensee shall hold the Illustrator harmless from and against any loss, expense, or damage occasioned by any claim, demand, suit, or recovery against the Illustrator arising out of the use of the Image for the Licensed Products.
Nature of Contract: Nothing herein shall be construed to constitute the parties hereto joint ventures, nor shall any similar relationship be deemed to exist between them. The licensor reserves the right to transfer or assign this agreement to any new entity or corporation formed by and or for Andy Nortnik/DBA Colorado Storefront.
Governing Law: This Agreement shall be construed in accordance with the laws of the State of Colorado; Licensee consents to the jurisdiction of the courts of the State of Colorado.
Modification: I may modify or terminate any of the terms and conditions contained in this Agreement, at any time and at my sole discretion, without prior notice. This Agreement constitutes the entire understanding between the parties and supersedes all previous agreements, promises, representations and negotiations, whether written or oral. Please check this page for the latest updates.
Resolving Disputes: Any controversy or dispute arising out of this Agreement shall be governed by the laws of the State of Colorado. The parties consent to jurisdiction over them in the Colorado Circuit Court in and for Park County, Colorado, waive any claim or defense that such forum is not convenient and consent to service of process by any means authorized by Colorado law. In any dispute between the parties, the prevailing party will be entitled to recovery of attorney's fees, costs, expenses and expert witnesses' fees arising from any and all litigation through the trial stage and through any appellate stage. Art by Andy Nortnik, LLC's liability to you shall in no event exceed the refunding of the cost of the product or replacement of the product at Art by Andy Nortnik, LLC's sole discretion.
Term of the Agreement: This agreement shall commence as of purchasing date of the image or collection and shall remain in force until terminated only by the Licensor.
All rights not expressly granted herein are reserved by Art by Andy Nortnik, LLC/DBA Colorado Storefront. If you have any questions, or if this agreement is not clear in any way please contact me and I'll be happy to address your questions. Thank you.
© 2008 Art by Andy Nortnik, LLC/DBA Colorado Storefront