Commercial License Terms

This Commercial Licensing Agreement (the “AGREEMENT”) is entered into effective the date of purchase, between Xeni Flowers (“ARTIST”) and the purchaser (“LICENSEE”). All references to the Licensee in this Agreement shall include Licensee’s parent companies, affiliates, and subsidiaries.


Scope of this Agreement
This Agreement applies to the specific digital images included in this purchase ("IMAGES"). This Agreement governs the relationship between the parties and in no communication or other exchange, shall modify the terms of this Agreement unless agreed to in writing.Rights
All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of Artist. Artist retains the right to display, distribute, and sell merchandise of the Images. This license provides Licensee with the limited right to reproduce, publicly display, and distribute the Images only for the Commercial Uses listed below. Images used for any purpose not directly related outside of those terms must be with the express permission of Artist and may include the payment of additional fees, unless otherwise agreed to in writing.Licensee may not claim any purchased pieces as their own work. Images may contain copyright management information (CMI) at the discretion of Artist in the form of either 1) a copyright notice © and/or 2) other copyright and ownership information embedded in the metadata or elsewhere unless otherwise agreed to by the Parties. Removing and/or altering such information is prohibited and constitutes a violation of the Digital Millennium Copyright Act (DMCA) and Licensee will be responsible to Artist for any penalties and awards available under that statute.Licensee may not use any Images in minting Non-Fungible Tokens, nor any blockchain or cryptocurrency related technology. Licensee may not use the Images in AI training programs. Licensee may not use the Images in any branding or marketing materials, merchandise, or social media assets for these purposes.Commercial Use includes:
- Displayed or redistributed on any physical or digital media, or product.
- Marketing and branding materials and media.
- Streaming or video assets.
- Professional social media assets.Delivery and Refunds
The purchase is non-refundable. The purchase includes Images in PNG, JPG, and/or TIFF formats at the original full resolution of the artwork. If a PSD with limited layers is required, the Licensee must notify Artist within ten (10) business days of purchase. Artist will confirm changes with Licensee and may restrict any request at their discretion. Artist will provide a file with the agreed separated layers within ten (10) business days of request confirmation.No Exclusivity
This is a non-exclusive license. These Images may be licensed to multiple parties by Artist.Transfer and Assignment
Licensee may not assign or transfer this agreement or any rights granted under it.Prohibited Use
The use of any Images in promoting racism, bigotry, or hatred is strictly prohibited and such Images are subject to license revocation.

Xeni Flowers
Horror & Fantasy Illustrator
www.xenianth.com
xeniflowers@gmail.com