AUTHOR LICENSE AGREEMENT RECITALS
Whereas, SelfPubBookCovers.com LLC (the "Company") is in the business of providing one-of-a-kind artwork consisting of two or more photographs or illustrations to its customers for use as a book cover, and
Whereas, Author desires to license artwork from the Company for use as a book cover.
It is therefore agreed as follows:
1. Grant of Rights. Author is licensing from the Company the right to use the artwork selected from the Company’s available cover art for the cover of Author’s book (the “Book”). This license is limited to an eBook or print run of up to 250,000 copies of the Book. An additional fee will be required for any additional copies. When buying a book cover on SelfPubBookCovers.com , you agree to purchase an enhanced license from the stock house(s) for images used in your cover once a total of 250,000 books (combined ebooks and print) have been sold. This is a requirement from the stock houses: an extended license fee of $75 per stock image is needed if there are more than 250,000 combined ebooks and print sales. If your cover is an original "hand drawn" illustration, an original photograph not purchased through a stock house or if public domain images were used there would be no additional licensing fee. It is the author's responsibility to inform SelfPubBookCovers if book sales exceed 250,000 books. SelfPubBookCovers.com will inform you if an extended license would be needed at that time. The Company will not be held liable for license infringement. This grant of rights includes the right, for all print and ebook versions of the Book, to distribute, publish, use, transmit, crop and otherwise display the Licensed Cover in connection with the Book, and for marketing, advertising and promotion of the Book. The actual cover art image can only be modified or altered by the artist who has created the cover.
2. Author Acknowledgments. Author acknowledges that although the Licensed Cover is represented by the Company to be a one-of-a-kind piece of art, it is derived by combining two or more stock photographs and that such stock photographs may appear individually or combined with other photographs for other uses. The combination of the stock photographs used to create the Licensed Cover will be exclusive to Author, will be removed from art available for licensing on the Company's website upon execution of this Agreement, and will not be licensed by the Company again. However, since the Company does not have exclusive rights to the stock photographs used to create the Licensed Cover, it is possible, although unlikely, that a non-affiliated party could recreate the Licensed Cover without the Company's knowledge, in which event the Company shall not be liable in any way to the Author.
3. Representations. Company represents and warrants that (i) the Licensed Cover was created by an artist for the Company by using two or more stock photography images which were licensed by such artist from a reputable stock photography agency; (ii) that each such stock photography usage license is represented by the artist to be sufficient to grant to the Company and for Company to grant to Author the rights the Company is granting to Author herein; (iii) that the Licensed Cover is represented by the artist not to infringe upon any copyright, trademark or trade dress, or other intellectual property rights of others; and (iv) that the artist represents that the stock photography agency has obtained valid model releases from each person who appears in the Licensed Cover sufficient to convey the rights granted to the Company and to the Author herein.
3. Term. This license shall remain in effect for as long as the Book remains in print.
4. Compensation. Author shall pay to Company a license fee, in full and complete compensation for the rights granted herein, in the sum indicated next to the Licensed Cover selected by Author.
5. Indemnification. Author agrees to fully indemnify and hold harmless Company, its employees, directors, officers, licensees, and anyone else associated with the use of the Licensed Cover as authorized herein, from and against any and all claims, liabilities, costs, expense, or damages including attorney's fees and expenses, arising out of any unauthorized use of the Licensed Cover.
6. Copyright Credit. Copyright to the Licensed Cover, if possible, shall be printed in the Book as specified next to the Licensed Cover.
7. Disclaimer. The Company, its employees, directors, officers and anyone else associated with the Company, hereby disclaims any and all warranties of merchantability, fitness for any particular purpose, expressed or implied, in connection with the license granted to Author herein. The Company shall not be liable for any indirect, special, incidental, economic or consequential damages arising out of the license granted to Author and in no event will the Company's liability exceed the amount paid by Author to Company for the use of the Licensed Cover herein.
8. Jurisdiction. This agreement shall be interpreted in accordance with the laws of the State of New York and the parties consent to the exclusive jurisdiction of the Federal and State Courts located in New York County, New York.
9. Miscellaneous. a. This Agreement constitutes the entire agreement between Author and Company regarding its subject matter. If any provision of this Agreement is held to be void or invalid, the remainder of this Agreement shall remain in full force and effect. Failure by Company to enforce any provision of this Agreement is not a waiver of future enforcement of that or any other provision.
b. By clicking on "Accept" Author hereby acknowledges that Author has read the Agreement, has understood its terms and has been given the opportunity to seek legal advice.
I Accept the Author Agreement