Personal-Use License for Lincoln Cannon Artwork
This license applies to artwork associated with NFTs in the Lincoln Cannon contract on the Ethereum blockchain. The Ethereum address for the contract is 0xa49Cb5f6127F9891fE470018B9eb239B56B42355. An easy way to view and trade NFTs in this contract is via the Lincoln Cannon collection at OpenSea. The license was last revised on 6 October 2022.
“Art” means any art, design, and drawings that may be associated with an NFT that you Own.
“NFT” means any blockchain-based non-fungible token, such as those conforming to the ERC-721 standard.
“Own” means, with respect to an NFT, an NFT that you have purchased or otherwise rightfully acquired from a legitimate source, where proof of such purchase is recorded on the relevant blockchain.
“Extensions” means third-party designs that: (i) are intended for use as extensions or overlays to the Art, (ii) do not modify the underlying Art, and (iii) can be removed at any time without affecting the underlying Art.
“Purchased NFT” means an NFT that you Own.
You acknowledge and agree that Lincoln Cannon (or, as applicable, his licensors) owns all legal right, title, and interest in and to the Art, and all intellectual property rights therein. The rights that you have in and to the Art are limited to those described in this License. Lincoln Cannon reserves all rights in and to the Art not expressly granted to you in this License.
Subject to your continued compliance with the terms of this License, Lincoln Cannon grants you a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the Art for your Purchased NFTs, along with any Extensions that you choose to create or use, solely for the following purposes:
(i) for your own personal non-commercial use;
(ii) as part of a marketplace that permits the purchase and sale of your NFTs, provided that the marketplace cryptographically verifies each NFT owner’s rights to display the Art for their Purchased NFTs to ensure that only the actual owner can display the Art;
or (iii) as part of a third-party website or application that permits the inclusion, involvement, or participation of your NFTs, provided that the website/application cryptographically verifies each NFT owner’s rights to display the Art for their Purchased NFTs to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Purchased NFT leaves the website/application.
You agree that you may not, nor permit any third-party to do or attempt to do any of the foregoing without Lincoln Cannon’s express prior written consent in each case:
(i) modify the Art for your Purchased NFT in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes (your use of Extensions will not constitute a prohibited modification hereunder);
(ii) use the Art for your Purchased NFTs to advertise, market, or sell any third-party product or service;
(iii) use the Art for your Purchased NFTs in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others;
(iv) use the Art for your Purchased NFTs in movies, videos, or any other forms of media, except to the limited extent that such use is solely for your own personal non-commercial use;
(v) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Art for your Purchased NFTs;
(vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Art for your Purchased NFTs;
or (vii) otherwise utilize the Art for your Purchased NFTs for your or any third-party’s commercial benefit.
The restrictions in Section 4 will survive the expiration or termination of this License.
5. Terms of License.
The license granted in Section 3 above applies only to the extent that you continue to Own the applicable Purchased NFT. If at any time you sell, trade, donate, give away, transfer, or otherwise dispose of your Purchased NFT for any reason, the license granted in Section 3 will immediately expire with respect to those NFTs without the requirement of notice, and you will have no further rights in or to the Art for those NFTs.
If your use of the Art for your Purchased NFTs results in your or any third-party’s commercial benefit, you will be in breach of this License, and must send an email to Lincoln Cannon at email@example.com within fifteen (15) days, with the phrase “NFT License - Commercial Use” in the subject line, requesting a discussion with Lincoln Cannon regarding entering into a broader license agreement or obtaining an exemption (which may be granted or withheld in Lincoln Cannon’s sole and absolute discretion).
Moreover, in the case that your use of the Art for your Purchased NFTs results in your or any third-party’s commercial benefit without entering into a broader license agreement with or obtaining an exemption from Lincoln Cannon, you acknowledge and agree that:
(i) you are in breach of this License;
(ii) in addition to any remedies that may be available to Lincoln Cannon at law or in equity, Lincoln Cannon may immediately terminate this License without the requirement of notice;
and (iii) you will be responsible to reimburse Lincoln Cannon for any costs and expenses incurred by Lincoln Cannon during the course of enforcing the terms of this License against you.