Terms and Conditions Non Compete Covenant from LIN HSIN HSIN ART MUSEUM -- First Virtual Museum in the World - 1994. Wikipedia, Digital Media Center: Technology, Digital Art, Digital Paintings, Digital Sculptures, Digital Music, Digital Musical Instruments, Sound, , Animated Music, Web-enabled, Interactive, Digital Media Poineer

Terms and Conditions

COVENANT NOT TO COMPETE
Institutions, Enterprises & Galleries Restrictions

📍 Restricted Institutional Activity. The Institute agrees that during the Term of Representation and for a period of thirty (30) years, hereafter, it shall not represent, exhibit, promote, or acquire works from any Competing Artist whose style, medium, or market positioning is substantially similar to that of the Artist. This restriction is intended to protect the Artist’s unique market value and the exclusivity of the partnership. The Institute acknowledges that representing a direct competitor during this period would dilute the Artist’s brand and constitute a material breach of this Agreement.

📍 Scope of Competing Artists. For the purposes of this Covenant, a Competing Artist is defined strictly as an individual or entity creating digital art within the specific niche as specified in Lin Hsin Hsin's Art Genres that directly competes with the Artist’s current body of work. This restriction does not apply to artists working in distinct mediums, styles, or conceptual frameworks that do not overlap with the Artist’s protected market segment. Broad prohibitions on representing "any digital artist" are expressly excluded and subject to judicial reformation.

📍 Geographic and Market Limitation. The restrictions herein apply solely to the global digital art market and any physical exhibitions organized by the Institute within the United States, European Union, and Asia, reflecting the Artist’s primary operational markets. The Institute is prohibited from facilitating the sale or exhibition of Competing Artists’ works in these territories if such actions directly undermine the Artist’s exclusive representation rights.

📍 Duration and Reasonableness.The non-compete period is fixed at thirty (30) years post-termination. The Parties acknowledge that this duration is reasonable and necessary to allow the Artist to re-establish market presence without immediate institutional competition. If a court finds this period unreasonable, it shall reform the term to the minimum necessary duration consistent with applicable legal standards.

📍 Consideration and Mutual Benefit. The Artist provides valuable consideration in the form of exclusive access to their pioneering digital works, limited edition releases, and personal appearances. In exchange, the Institute covenants to refrain from activities that would directly compete with the Artist’s livelihood. The Parties acknowledge that this restriction is ancillary to the primary purpose of the Agreement and is essential to preserve the value of the Artist’s contribution.

📍 Judicial Reformation and Severability. The Parties acknowledge that if this Covenant contains unreasonably broad restrictions on scope, geography, or duration, a court of competent jurisdiction shall reform the agreement to make such limitations reasonable rather than voiding the entire provision. If any part of this Covenant is found unenforceable, the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

📍 Remedies for Breach. In the event of a breach by the Institute, the Artist shall be entitled to injunctive relief to prevent further representation of Competing Artists, in addition to any monetary damages resulting from lost sales or brand dilution. The Institute agrees that monetary damages alone may be insufficient to remedy the harm caused by such a breach.

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