Reproduction rights are agreed as follows:
1. Hazelnut Studio does not assign any vested, contingent and future rights of copyright, United Kingdom registered or unregistered design rights, Community design right (whether registered or unregistered) and/or any other intellectual property rights and all other rights of whatever nature in and to the design(s) listed [above] (“the Designs”) through out the world (“the Intellectual Property Rights”) but instead grants to the Customer a 5 year Exclusive Licence of the Design(s) starting from the date of this invoice.
2. The Licence is Worldwide.
3. Hazelnut Studio will not use or license the Design(s) to any third party for the duration of the Licence.
4. Use of the Design(s) by the Customer is restricted to [fashion, furnishings/interiors and stationery – this need to be agreed with the Customer.]
5. All Intellectual Property Rights in the Design(s) are and will remain the property of HAZELNUT STUDIO. Any infringement of these rights will be
pursued vigorously.
6. Hazelnut Studio will not be held responsible for investigating or pursuing any third party infringement. It is hereby expressly agreed by the Customer that there shall be no obligation on the part of Hazelnut Studio to fund either the whole or any part of the Court proceedings in Hazelnut Studio’s name in respect of the Intellectual Property Rights (“the Court Proceedings”) and the Customer hereby agrees to indemnify fully Hazelnut Studio in respect of:
(a) any sums of money whether expressed as costs, damages, interest or otherwise which are ordered by the Court in the Court Proceedings to be paid by Hazelnut Studio to any party or parties to such Court Proceedings or to the Court; or
(b) any non-monetary awards ordered by the Court against Hazelnut Studio in favour of any other party or parties to the Court Proceedings
and the Customer shall have no right of recourse to Hazelnut Studio in respect of any awards monetary or non-monetary ordered by the Court against the Customer in favour of any other party or parties to the Court Proceedings.
7. All Design(s) and documents (in whatever medium) relating to the Design(s) (the “Artwork”) remain the property of Hazelnut Studio until
paid for in full.
8. The Customer acknowledges receipt of the Design(s) and Artwork listed
above.
9. Payment must be made within 30 days of the invoice date and is non-refundable. A monthly service charge of 1.5% will be added to any amount unpaid after 30 days.
10. Should the Customer commit a material breach of this Licence, it will terminate automatically and all Artwork must be returned to Hazelnut Studio.
11. The Licence granted by Hazelnut Studio to the Customer will terminate automatically in the event of the Customer going into liquidation.
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