Clipartman.com Royalty-Free License
The Clipartman.com Royalty-Free License is a non-exclusive, non-transferable single-user legal agreement between the purchaser of the license (the “Licensee”) and Kenny Kiernan of P.O. Box 749, Scranton PA 18501, USA (the illustrator, copyright holder and “Licensor”) allowing the following specified usage of the Licensor’s intellectual property, all images licensed through Clipartman.com (the “Artwork”). Purchase of this license is deemed as acceptance of the terms set forth herein.
Purchase of this license is non-refundable and does not imply purchase of the copyright to the Artwork; the Artwork remains the intellectual property of, and copyright of the Licensor. The Artwork or new works derived from the Artwork may not be copyrighted nor trademarked, nor sub-licensed to any third party. The purchase of the Clipartman.com Royalty-Free License grants the Licensee the nonexclusive, nontransferable license to use, edit, publish and display the Artwork as described herein, subject to the restrictions set forth below.
Standard License Allowable uses:
On printed items such as presentation materials, magazines, books, school projects, menus, posters, team banners, business cards and logos; on marketing and promotional materials such as print advertisements, newsletters, posters, banners, mailers, flyers, packaging, and any other uses approved in writing by the Licensor, provided that these items are not offered for sale. For use on any items offered for sale, an Extended License is required.
For web and electronic uses, on websites and blogs as decorative elements, on social media posts and profile pics, editorial spot illustrations, as part of a company logo and/or masthead, provided that no image is displayed in its entirety at a size larger than 400×400 pixels without an effective watermark. If used in an editorial context, the Artwork must be visibly accompanied by the credit line: “illustration ©Kenny Kiernan, www.clipartman.com”. Additionally, in web templates, email stationery, document templates, e-cards, animations, games, apps, film and video works (unless offered for sale and/or an admission is charged to view) and any other uses approved in writing by the Licensor, provided that these items are not offered for sale. For use on any items offered for sale, an Extended License is required.
Standard License Restrictions:
The Licensee may not reproduce the Artwork on merchandise, media or items offered for sale under the Standard License. For use on any items offered for sale, an Extended License is required.
The Licensee may not sell, swap, share, sub-license, trade, give away nor distribute the Artwork’s digital file to others in any way, nor post the Artwork in downloadable format so as to make it available to any third party. This is a single-user license, and is valid for the Licensee only.
The Licensee may not claim authorship of the Artwork. If asked, please credit Kenny Kiernan as the illustrator and owner of the copyright.
The Licensee may not use the Artwork for any illegal or fraudulent purpose.
All of the allowable uses, terms and restrictions of the Standard License also apply to the Extended License, minus the restriction on items offered for sale. The Extended License grants the right to reproduce the Artwork on physical merchandise and electronic or digital items offered for sale, with no limitations regarding the number of copies or print run.
Extended License Allowable uses on merchandise:
The Artwork may be reproduced on merchandise such as t-shirts & apparel, coffee mugs, mousepads, books, postcards, keychains and calendars and any other uses approved in writing by the Licensor, as well as all print-on-demand services such as Zazzle, CafePress and Society6, etc. For web and electronic items offered for sale such as web templates, email stationery, document templates, e-cards, animations, games, apps, film and video works which are sold or for which an admission is charged to view, and any other uses approved in writing by the Licensor.
Extended License Restrictions:
The Licensee may not use the Artwork to create derivative works offered for sale for the purpose of creating further derivative works. For example, the Artwork may not be used to create art supply products (such as art stamps, digital or print clipart or commercial graphics, or craft sheets for card making and paper crafts), nor may the artwork’s printed image or digital file be supplied to any third party in such a way as to make the image itself available for further use by the third party. Such usage is an attempt to sub-license the artwork to additional parties, which is prohibited. For use on items offered for sale, the Artwork may only be used as an ornamentation on another final product; the image may not be offered as the product itself.
Custom alterations to the artwork made by the Licensor as a paid service in addition to the licensing fee do not affect the original rights granted with the Licensee’s purchase of the license; the Licensee’s purchased usage rights to the newly-altered image remain non-exclusive, and the copyright to the altered image still remains with the Licensor. As such, the altered work may be added to the Clipartman catalog for license or sale at the Licensor’s discretion.
Free Clipart Downloads & Giveaways (“Freebies”):
Image files made available as free downloads via monthly email list giveaways and promotions are Extended License items suitable for commercial use, and all above allowable uses and restrictions on sharing still apply: as stated above, Giveaways and “Freebies” may not be used to create art supply products nor may the artwork’s printed image or digital file be supplied for free or for sale to any third party in such a way as to make the image itself available for further use by the third party. For use on items offered for sale, the Artwork may only be used as an ornamentation on another final product; the image may not be offered as the product itself. At the end of a given image’s term as a free download, it reverts to the regular sale price.
The Licensor holds no responsibility from any legal issues that may arise from any use of the Artwork by the Licensee. The Licensee is responsible for any legal issues or costs resulting in their use. The Licensee is responsible for all liabilities regarding privacy issues, trademarks, slander, libel, etc., that may arise from the use of the Artwork. The Licensee is responsible for the end-use and any legal and/or any financial liability that may arise from such use.
The Licensee shall indemnify and defend the Licensor against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use or modification of the Artwork or combination of the Artwork with any other material, the Licensee’s failure to abide by any restriction regarding the use of the Artwork, or any claim by a third party related to the use of the Artwork, alone or in combination with any other material.
The Licensee is responsible for seeking legal counsel for use of the Artwork. The Licensee accepts responsibility for all liabilities that may arise from use of the Artwork.
To discuss any concerns relating to this agreement, please email email@example.com.
The Licensee acknowledges that he/she has read this agreement, understands it, and has had an opportunity to seek independent legal advice prior to agreeing to it. In consideration of the Licensor agreeing to provide the Artwork, License agrees to be bound by the terms and conditions of this agreement.