COMMERCIAL & RESALE TANGIBLE GOODS USAGE AGREEMENT

Royalty-Free, Non-exclusive End User License Agreement for Licensor Art by Andy Nortnik/DBA Colorado Storefront For CD ROMs and Digital Downloads

COMMERCIAL & RESALE TANGIBLE GOODS USE

[Image uses may include, but are not limited to: Retail sale of tangible goods including screen printed and digitally produced T-shirts, hats, mugs, homemade crafts, rubber stamps, scrapbooks, vinyl cut signs, routed gifts, engraved gifts, and so forth including ALL items made available for commercial or retail sale. Also includes printed publications or magazines who sell ad space for profit. Basically anyone who sells TANGIBLE products for profit. (Not for CafePress or Zazzle type stores. See COMMERCIAL/RESALE DIGITAL GOODS licensing option for other options.)

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OVERVIEW:
1. All images and collections are 100% Royalty-Free. Images may be used after the collection payment is received and AFTER the one-time, COMMERCIAL/RESALE TANGIBLE GOODS license fee ($10) is paid. No further payments, fees or royalties are required.
2. The one-time, COMMERCIAL/RESALE TANGIBLE GOODS LICENSE is good for ALL current and future clip art collections purchased through www.AndyNortnik.com.
3. After you pay for the license, keep the license confirmation for your records. We may contact you in the future to verify your license.
4. This license is non-exclusive, nontransferable, and non-sublicenseable.
5. Images may be used for personal/noncommercial, commercial, and resale purposes on TANGIBLE goods ONLY. For all other uses including CafePress type stores, see the COMMERCIAL/RESALE DIGITAL GOODS licensing option.
6. With the purchase of a COMMERCIAL/RESALE TANGIBLE GOODS LICENSE, MY COPYRIGHT STATEMENT DOES NOT NEED TO BE INCLUDED WITH EACH IMAGE OR ON THE PRODUCT (but it would be appreciated ... it's the only "free" marketing I get ... thank you!). If you choose to do so, please add my copyright statement (and link the statement to http://www.andynortnik.com if possible) as follows:

Image ©AndyNortnik.com (or) Image ©AndyNortnik.com

7. Please read below for the remaining legal terms and conditions of usage.

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To use and/or purchase my art constitutes your complete acceptance to the terms and conditions stated in this agreement. 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 to the purchaser.

Agreement: Entered into between Art by Andy Nortnik (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:

You may alter, modify or distort my clip art image(s), including colors as long as the finished product is not construed as obscene, rude or presented in a manner deemed inappropriate by the Licensor and does not infringe upon another party's copyright. Refer to TERMINATION below.
You can add a logo, slogan, additional text, graphics or a tag line to my clip art image(s) or vice versa as long as all the terms and conditions in this agreement are honored.
My images and image collections are intended to be used by the individual purchaser of the image or collection and that person ONLY. However, if you wish for multiple Users/Workstations or a Network of Users to have access to the same images, then match that number of Users/Workstations in the Shopping Cart Quantity "Qty" Box. Example: For 3 Users/Workstations, purchase 3 collections by indicating "3" in the Qty Box.
You cannot resell my clip art image(s) as stand-alone art, individually or in a collection (electronically, in hard copy form or any other medium or format, no exceptions).
My clip art images cannot be transferred, duplicated or sold to or for a third party. You may not authorize any third party to use the clip art image(s) for any purpose.
You cannot register my clip art images legally (Example: Copyright, trademark, registration mark, service mark, etc.) in whole or in part.
You may not duplicate my clip art image(s), image collection(s) or accompanying materials.

Refund & Exchange Policy for licenses, subscriptions & clip art: Refunds for clip art collections will be treated as exchanges only. I will be happy to exchange any collection with ONE new duplicate collection if you find that any image, file or the product in general is defective in any way. Also, it is the customer's responsibility to make sure the file formats indicated clearly on each Product Page are file formats that are compatible with the customer's computer, software and operating system BEFORE they purchase the collection. This includes but is not limited to decompressing the .zip "zipped" [compressed] folder files. For more information visit Winzip [PC/Windows users] or Stuffit Expander [Mac users]. Payments for Licenses and Subscriptions are nonrefundable.

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'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'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/DBA Colorado Storefront. If you have any questions, or if this agreement is not clear in any way please contact me BEFORE you make a purchase and I'll be happy to address your questions. Thank you.

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