License Agreement
This License Agreement contains important legal terms, and Licensee acknowledges that by completing the purchase process and/or checking “agree”, Licensee has read the entire License Agreement and agrees to the terms herein.
AGREEMENT entered on the day of purchase, between the individual person indicated as the licensee during the purchase process or that person’s employer if that person is acting on the employer’s behalf and with the employer’s authorization, (hereinafter referred to as the “Licensee”), and Reina Takahashi, (hereinafter referred to as the “Artist”), with respect to the licensing of certain electronic rights in the Artist’s work(s) (hereinafter referred to as the “Work”).
If you are purchasing on behalf of your employer, then only your employer is the “Licensee” and can use the Work subject to the terms of this License Agreement; in that case you represent and warrant that you have full legal authority to bind your employer, as the Licensee, to the terms of this License Agreement.
1. Description of Work. The Licensee wishes to license certain electronic rights in the Work that the Artist has created and made available for purchase on reinasaur.com and which is described as follows:
Title: Paper Numerals, Paper Numerals Licensing, Paper Numerals Image Pack, or Paper Numerals Pack
Number of images: 20
Subject matter: Twenty images of handmade paper artwork depicting the numbers zero to nine. Ten images are in square format and ten images are in 9:16 aspect ratio.
Form in which work shall be delivered: Download link emailed to Licensee
2. Asset Management. Licensee may only upload the Licensed Asset to (i) a server owned and controlled by Licensee or (ii) a cloud storage service, cloud-based design app, or digital asset manager, account controlled by Licensee, in each case for use of the Licensed Asset by Licensee only, as permitted herein.
3. Grant of Rights. Upon purchase, Artist grants to the Licensee the following electronic rights in the Work:
Company Social Media for Commercial Use: one (1) Licensee owned and managed company social media account is allowed for Commercial use. A separate license is required for each social media business account or page.
For display purposes only without permission for digital copying by users of the product or publication
With respect to the usage shown above, the Licensee shall have nonexclusive rights
4. Prohibited Uses. The following uses are expressly prohibited
Physical (non-digital, non-electric) use of the Work is prohibited.
Digital advertisements, such as those served by Google Ads, Facebook Ads, Instagram Ads, LinkedIn Ads, which include the Work is prohibited.
Use of the Work for personal social media (non-commercial use) is prohibited.
Use of the Work for broadcast or streaming via network, cable, internet, satellite, pay-per-view, video on demand or streaming of motion picture and /audio visual works is prohibited.
Resale or Sub-Licensing the Work or any modification of it in source file form is strictly prohibited.
Resale or Sub-Licensing of the Work or any modification of it in a way that is directly competitive with the original Work is strictly prohibited.
Sharing the Work in any way that allows others to download, extract, or redistribute the Work as a standalone file (meaning the content file itself, separate from end use that is expressly permitted) is strictly prohibited.
Falsely representing authorship and/or ownership of the Work is strictly prohibited.
Use of the Work in pornographic, fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory material, is strictly prohibited, including, without limitation, any use of the Work that:
(i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
(ii) may create a risk of any other loss or damage to any person or property;
(iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(iv) may constitute or contribute to a crime or tort;
(v) contains any information or content that the Artist deems to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
(vi) contains any information or content that is illegal
(vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(viii) contains any information or content that you know is not correct and current; or
(ix) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
Any other use that is not expressly permitted in Section 2 is strictly prohibited.
5. Reservation of Rights. All rights not expressly granted hereunder are reserved to the Artist, including but not limited to all rights in preliminary materials and all nonelectronic rights. For purposes of this Agreement, electronic rights are defined as rights in the digitized form of works that can be encoded, stored, and retrieved from such media as computer disks, CD‑ROM, computer databases, and network servers.
6. Additional Usage. If Licensee wishes to make any additional uses of the Work, Licensee agrees to seek permission from the Artist and make such payments as are agreed to between the parties at that time.
7. Alteration. Licensee shall not make or permit any alterations, whether by adding or removing material from the Work, without the permission of the Artist. Alterations shall be deemed to include the addition of any illustrations, photographs, sound, text, or computerized effects, unless specified to the contrary here
Licensee may add text onto the 9:16 proportioned images.
8. Copyright Notice. Copyright notice in the name of the Artist shall not accompany the Work when it is reproduced.
9. Credit. Credit in the name of the Artist shall not accompany the Work when it is reproduced.
10. Releases. The Licensee agrees to indemnify and hold harmless the Artist against any and all claims, costs, and expenses, including attorney’s fees, due to uses for which no release was requested, uses that exceed the uses allowed pursuant to a release, or uses based on alterations not allowed pursuant to Paragraph 7.
11. Mediation - Arbitration. All disputes arising out of this agreement shall be submitted to mediation in accordance with the rules and procedures of Arts Arbitration and Mediation Services, a program of California Lawyers for the Arts. If mediation is not successful in resolving all disputes arising out of this agreement, those unresolved disputes shall be submitted to final and binding arbitration. The arbitrator shall be selected in accordance with the rules of Arts Arbitration and Mediation Services, a program of California Lawyers for the Arts. If such services are not available, the dispute shall be submitted to arbitration in accordance with the laws of the State of California. The arbitrator's award shall be final, and judgment may be entered upon it by any court having jurisdiction thereof.
Disputes in which the amount at issue is less than $500 shall not be subject to this arbitration provision.
12. Miscellany. This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties, except that the Licensee may authorize expenses or revisions orally. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. This Agreement shall be governed by the laws of the State of California.