Artwork Licesnes

  • This Commercial Use License Agreement is made at the time of your purchase.

    Licensor: Keri Kubota
    Kailua, Hawai'i

    Licensee: You
    You will be required to submit basic identification details with your purchase.


    RECITALS:

    1. Artwork: Licensor is the creator and owner of the artwork that you purchased from Keri Kubota: Including but not limited to textiles, patterns, illustrations, templates, photos, and all other types of media.

    2. Purpose: Licensee wishes to obtain a license to use the Artwork for commercial purposes as described herein.

    AGREEMENT:

    1. Grant of License:

      • Licensor grants Licensee a non-exclusive, non-transferable, and revocable license to use the Artwork for the following commercial purposes: branding, advertising, product packaging, website, merchandise, etc.

    2. Territory:

      • This license is valid in the following territories: Worldwide

    3. Term:

      • The term of this license shall commence on the date of your purchase and will have no expiration date.

    4. License Fee:

      • Licensee agrees to pay Licensor the specified fee for the use of the Artwork. Payment shall be processed through the website host which you purchased from.

    5. Usage Restrictions:

      • The Artwork may not be altered and modified. The Artwork may not be used in any manner that could be deemed defamatory, disparaging, or prejudicial to the Licensor.

      • The Artwork shall not be sublicensed, sold, or otherwise transferred to third parties without the prior written consent of the Licensor.

    6. Credit and Attribution:

      • No credit or attribution necessary with Commercial License.

    7. Ownership:

      • The Licensor retains all rights, title, and interest in and to the Artwork, including all intellectual property rights. The Licensee’s use of the Artwork does not confer any ownership rights to the Licensee.

    8. Indemnification:

      • Licensee agrees to indemnify, defend, and hold harmless Licensor from and against any and all claims, liabilities, damages, losses, and expenses arising out of or in connection with the Licensee’s use of the Artwork.

    9. Termination

      • Either party may terminate this Agreement upon 10 days' written notice if the other party breaches any material term of this Agreement and fails to cure such breach at any time.

      • Upon termination, Licensee shall cease all use of the Artwork and remove it from all digital and printed materials, media, and products.

    10. Governing Law:

      • This Agreement shall be governed by and construed in accordance with the laws of Hawai‘i, United States of America, without regard to its conflict of law principles.

    11. Dispute Resolution:

      • Any disputes arising out of or related to this Agreement shall be resolved through arbitration, mediation, or litigation in Hawai'i.

    12. Entire Agreement:

      • This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements and understandings, whether written or oral.

    13. Amendments:

      • No amendment or modification of this Agreement shall be valid or binding unless made in writing and signed by both parties.

  • This Personal Use License Agreement is made at the time of your purchase.

    Licensor: Keri Kubota
    Kailua, Hawai'i

    Licensee: You
    You will be required to submit basic identification details with your purchase.


    RECITALS:

    1. Artwork: Licensor is the creator and owner of the artwork that you purchased from Keri Kubota: Including but not limited to textiles, patterns, illustrations, templates, photos, and all other types of media.

    2. Purpose: Licensee wishes to obtain a license to use the Artwork for personal purposes as described herein.


    AGREEMENT:

    1. Grant of License:

      • Licensor grants Licensee a non-exclusive, non-transferable, and revocable license to use the Artwork solely for personal, non-commercial purposes, including but not limited to: home decor, personal accessories, keepsakes, and gifts, personal social media posts.

    2. Usage Restrictions:

      • The Artwork may only be used for personal use and shall not be reproduced, distributed, or displayed for commercial purposes.

      • The Artwork shall not be altered, modified, or used in any manner that could be deemed defamatory, disparaging, or prejudicial to the Licensor.

    3. Territory:

      • This license is valid Worldwide for the Licensee’s personal use.

    4. Term:

      • The term of this license shall commence on the date of your purchase and will have no expiration date.

    5. License Fee:

      • Licensee agrees to pay Licensor the specified fee in whole for use of the Artwork. Payment shall be processed through the website host which you purchased from.

    6. Credit and Attribution:

      • No credit or attribution necessary with personal license.

    7. Ownership:

      • The Licensor retains all rights, title, and interest in and to the Artwork, including all intellectual property rights. The Licensee’s use of the Artwork does not confer any ownership rights to the Licensee.

    8. Indemnification:

      • Licensee agrees to indemnify, defend, and hold harmless Licensor from and against any and all claims, liabilities, damages, losses, and expenses arising out of or in connection with the Licensee’s use of the Artwork.

    9. Termination:

      • Licensor may terminate this Agreement immediately if the Licensee breaches any material term of this Agreement.

      • Upon termination, Licensee shall cease all use of the Artwork and remove it from all personal materials and media.

    10. Governing Law:

      • This Agreement shall be governed by and construed in accordance with the laws of Hawaii, United States of America, without regard to its conflict of law principles.

    11. Dispute Resolution:

      • Any disputes arising out of or related to this Agreement shall be resolved through arbitration, mediation or litigation in Hawai'i.

    12. Entire Agreement:

      • This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements and understandings, whether written or oral.

    13. Amendments:

      • No amendment or modification of this Agreement shall be valid or binding unless made in writing and signed by both parties.