NIFTY™ License

Version 1.0
Last Revised: June 25, 2018

0. Background; Instructions for Use.

Here at Dapper Labs, we’re working on a variety of cutting-edge applications for blockchain technologies. Some of these new applications include artistic overlays of non-fungible tokens, which can stretch the boundaries of traditional definitions of ownership. With that in mind, we’ve created a new license – the NIFTY™ License (this “License”) – to help clarify and demystify a user’s rights as the owner of a non-fungible token to any artistic overlays that might be associated with the token.

Dapper Labs intends to use this License going forward in each of its apps to help ensure that NFT owners enjoy appropriate and meaningful rights in the Art associated with their Purchased NFTs. We invite other creators of Art (each, for the purposes of this License, a “Creator”) to leverage this License as well. That is why we have open-sourced this License to the wider community.

When a Creator leverages this License, the Creator should replace the word “Creator” with the name of its company or organization. Other than the foregoing modification, Dapper Labs does not permit other changes to this License. If a Creator wishes to make other changes to this License, it may not refer to the resulting license as the NIFTY™ License, or any variant thereof. Nothing in this License gives a Creator or any third party any rights in or to the names, marks, or logos of Dapper Labs Inc. (including, without limitation, the right to use the “NIFTY™ License” mark) or in or to any intellectual property rights of Dapper Labs Inc., its subsidiaries or affiliates, all of which are expressly reserved.

 

***The NIFTY™ License Begins***

1. Definitions.

“Art” means any art, design, and drawings that may be associated with a NFT that you Own.

"NFT" means any blockchain-tracked, non-fungible token, such as those conforming to the ERC-721 standard

“Own” means, with respect to a NFT, a NFT that you have purchased or otherwise rightfully acquired from a legitimate source, where proof of such purchase is recorded on the relevant blockchain.

“Purchased NFT” means a NFT that you Own.

“Third Party IP” means any third party patent rights (including, without limitation, patent applications and disclosures), copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognized in any country or jurisdiction in the world.

2. Ownership.

You acknowledge and agree that Creator (or, as applicable, its 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. Creator reserves all rights in and to the Art not expressly granted to you in this License.

3. License.

Subject to your continued compliance with the terms of this License, Creator grants you a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the Art for your Purchased NFTs, 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.

4. Restrictions.

You agree that you may not, nor permit any third party to do or attempt to do any of the foregoing without Creator’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; (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. To the extent that Art associated with your Purchased NFTs contain Third Party IP (e.g., licensed intellectual property from a celebrity, athlete, or other public figure), you understand and agree as follows: (x) that you will not have the right to use such Third Party IP in any way except as incorporated in the Art, and subject to the license and restrictions contained herein; (y) that, depending on the nature of the license granted from the owner of the Third Party IP, Creator may need to pass through additional restrictions on your ability to use the Art; and (z) to the extent that Creator informs you of such additional restrictions in writing (email is permissible), you will be responsible for complying with all such restrictions from the date that you receive the notice, and that failure to do so will be deemed a breach 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.