Guidelines Governing the Licensed Use of the Collection of The XIA JING SHAN Arts and Culture Foundation

Scope of License

The Guidelines Governing the Licensed Use of the Collection of the XIA JING SHAN Arts and Culture Foundation (these “Guidelines”) are applicable to the “XIA JING SHAN Digital Archive”, established by the XIA JING SHAN Arts and Culture Foundation (the “Foundation”), and various types of calligraphy art and paintings created by XIA JING SHAN and collected and archived by the Foundation, including paintings of Buddha, Bodhisattvas, Avalokiteshvara, Arhats, Bodhidharma, Zhong Kui, landscapes and people, and calligraphy (collectively, the “Collection”).

Terms of Use

• Works in the Collection (the “Works”) are available for free license for non-profit uses in academic research, teaching and education, promotion of arts and culture, or for government’s performance of job duties, subject to the Foundation’s approval of the license application.
• If the Works are to be used for publication, commercial purpose, or development of cultural innovation products, a project proposal (in whatever format) along with an application form shall be submitted to the Foundation. Following the Foundation’s review and approval, the Parties shall enter into a cooperation agreement, under which a royalty will be charged for the license.
• The Works shall be used only within the scope of license approved by the Foundation and may not be sub-licensed, leased out, sold or assigned to others or be used for other purposes.
• The text, “Collection of the XIA JING SHAN Arts and Culture Foundation” shall be stated on an appropriate placement when the Works are used.
• The Foundation reserves the right to reject or approve a license application.
• A licensee shall provide the Foundation with two copies of every product/work that is produced or created based on the Works for recordation.
• Anyone who uses the Works without first obtaining a license from the Foundation or uses any Works outside the scope of the license shall be held liable in accordance with the Copyright Act and other relevant laws and regulations.
• No use of the Works shall violate relevant laws and regulations, public order or good morals. If a licensee is in breach of the foregoing thereby causing the Foundation to suffer any loss or damage, the licensee shall be liable for damages. The Foundation reserves the right to take necessary legal action therefor.

Application Process

• Please download the “Application for the License to Use the Collection of the XIA JING SHAN Arts and Culture Foundation”, fill out and sign/stamp chops on the application form, and send the application form via email, fax or post to the Foundation. In the case of the application for commercial license, a project proposal along with the application form shall be submitted to the Foundation.
• After the license application has been reviewed and approved by the Foundation, the applicant shall execute a Letter of Undertaking and enter into an Intellectual Property Right Ownership and Confidentiality Agreement with the Foundation.
• After the license application has been reviewed and approved by the Foundation, the applicant will be notified via phone or email regarding the result of review and the scope of the license. In the case of any commercial use, the Parties shall enter into a cooperation agreement, under which a royalty will be charged for the license.
• The Foundation may, before commencing the review of a license application, request the license applicant to provide supplementary documents that are not properly included in the original application.
• The Guidelines, and any amendment thereof, shall be enacted upon the announcement by the Foundation.