Kenny Kiernan Royalty-Free Commercial Use License

The Kenny Kiernan Royalty-Free Extended License is a perpetual, non-exclusive, non-transferable single-user legal agreement between the purchaser of the license (“Licensee”) and Kenny Kiernan of 718 Hemlock Street, Scranton PA 18505, USA (the illustrator, copyright holder and “Licensor”) governing the usage of Licensor’s intellectual property (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 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 Kenny Kiernan Royalty-Free Extended License grants Licensee the nonexclusive, nontransferable license to use, edit, publish and display the Artwork as described herein, subject to the restrictions set forth below.

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 Licensor.

For reproduction on physical merchandise and electronic or digital items offered for sale, with no limitations regarding the number of copies or print run: 

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 uses, on websites and blogs as decorative elements, on social media posts and profile pictures, as part of a company logo and/or masthead, provided that no image is displayed in its entirety at a size larger than 500 x 500 pixels without an effective watermark.

In web templates, email stationery, document templates, e-cards, animations, games, apps, film and video works and any other uses approved in writing by the Licensor.

For use as editorial spot illustrations. If used in an editorial context, the Artwork must be visibly accompanied by the credit line: “illustration © Kenny Kiernan, www.kennyk.com”.

Restrictions:

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.

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.

The Licensee may not claim authorship of the Artwork. Please credit “Kenny Kiernan, www.kennyk.com” as the illustrator and owner of the copyright. The Licensee may not use the Artwork for any illegal or fraudulent purpose.

Custom Alterations:

Custom alterations to the artwork made by Licensor as a paid service in addition to the licensing fee, or made by Licensee or any third party, do not affect the original rights granted with Licensee’s purchase of the license; Licensee’s purchased usage rights to the newly-altered image remain non-exclusive, and the copyright to the altered image still remains with Licensor. As such, any altered work made by Licensor may be added to the Kenny Kiernan Stock Art catalog for license or sale at the Licensor’s discretion.

Indemnification:

Licensor holds no responsibility from any legal issues that may arise from any use of the Artwork by Licensee. Licensee is responsible for any legal issues or costs resulting in their use. Licensee is responsible for all liabilities regarding privacy issues, trademarks, slander, libel, etc., that may arise from the use of the Artwork. Licensee is responsible for the end-use and any legal and/or any financial liability that may arise from such use.

Licensee shall indemnify and defend Licensor against all claims, liability, damages, costs and expenses, including any 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, 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.

Licensee is responsible for seeking legal counsel for use of the Artwork. Licensee accepts responsibility for all liabilities that may arise from use of the Artwork.

Termination:

This agreement will immediately and automatically terminate without notice if Licensee fails to comply with any term or condition of this agreement. If this agreement is terminated, Licensee agrees to destroy all digital files and copies of the Artwork.

Contact:

To discuss any concerns relating to this agreement, please email kennyk@kennyk.com.

Acknowledgment:

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 Licensor agreeing to provide the Artwork, License agrees to be bound by the terms and conditions of this agreement.