Buy making a Music License purchase from "The Website" (EnterTheTempleOfBoom.com) you agree to the following license terms and conditions:
This Music License Agreement ("The Agreement") is made effective as of the date that your purchase is made, with payment received, between the Licensee (the individual or company purchasing the licensed property via The Website) and The Copyright Owner ("Temple of Boom" who is granting the licensed property) in respect of the Music (the specific musical work purchased on the Website).
Whearas, the Copyright Owner owns the copyright, publishing rights and all other related rights in and to certain Music, and
Whereas, the Licensee desires to obtain certain rights to the Music for using it
In accordance with this Agreement, the Copyright Owner hereby grants to the Licensee certain limited rights and privileges to use the Music. The Copyright Owner retains full title and ownership of the Music.
If the License purchased is "Unlimited Artist License", "Pro Artist License" or "Starter Artist License", The Licensee shall have the Worldwide right to record and rerecord one single Product (an original work using the Music, including a music video) and to reproduce, distribute, import and sell said Product Worldwide.
If the License purchased is "Unlimited Artist License" or "Pro Artist License" the Licensee shall have the right to Broadcast and Perform said Product Worldwide.
If the License purchased is not "Unlimited Artist License", "Pro Artist License" or "Starter Artist License", The Licensee shall have the right to use the Music as video background music for digital release of video only.
Each License type available on the Website is subject to advertised limitations in number of video and audio streams, number of distribution copies and number of videos at the time of purchase.
Rights & Obligations
The Copyright Owner reserves unto itself all rights of every kind and nature except those granted to the Licensee herein. The Licensee shall be solely responsible for providing all the funding and technical expertise for the recording and synchronization of the Music and shall be the sole owner of the Product in which the Music is used and all proprietary rights in and to it , except , such ownership shall not include ownership of the copyrights and/or publishing rights in and to the Music not specifically granted herein.
The Licensee shall identify the Copyright Owner as the owner of the Music on all packaging, promotional literature and advertisements for its Product.
Unless prior written consent of the Copyright Owner is obtained, the Licensee may not modify or change the Music in any manner.
Prior to reaching any limit of any purchased License, the Licensee will notify the Copyright owner and purchase a new license with a higher limit. The Licensee undertakes at such time to pay the full price for the new license as advertised on the Website when license renewal becomes required.
If the Licensee fails to abide by the obligations of the Agreement the Copyright owner shall have the right to terminate the Agreement without prior notice. The Copyright Owner may, at its discretion, offer the opportunity for the Licensee to take corrective action.
Neither party makes any Warranties with respect to the use, sale or other transfer of the Music by the other party or by any third party.
The Licensee accepts the Music "AS IS".
The Licensee shall indemnify and hold harmless the Copyright Owner, its successors, agents, officers and directors against any and all claims, damages, liabilities, costs and expenses including reasonable attorney's fees arising from or in any way connected with this Agreement, or breaches of any part of it, the Music and the Product.
Transfer of Rights
This Agreement shall be binding on any successors of the parties. The Licensee shall not have the right to assign its interests in this agreement to another party without the prior written consent of the Copyright holder.
This Agreement can be terminated by either party by providing 30 days written notice to the other party.
Either party may terminate this Agreement by written notice to the other party where there has been a default in the due observance or performance of any covenant, condition or agreement herein by the other party and such default has continued for a period of thirty days after written notice specifying the same.
Effect of Termination
After termination of this Agreement, all rights granted to the Licensee shall revert to the Copyright Owner and the Licensee will refrain from any and all further use of the Music. Any and all royalties or revenues generated directly or indirectly through use of the Music after termination shall become property of and due to be paid to the Copyright Owner.
The email address provided by the Licensee during their purchase shall be the appropriate address for the mailing of notices by the Copyright Owner. firstname.lastname@example.org shall be the appropriate address for the mailing of notices by the Licensee. Either party may change their mailing address by written notice to the other.
This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreement s between the parties.
This Agreement may be amended or modified if the amendment is written and signed by both parties.
If any provision of this agreement is held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
Waiver of Contractual Right
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with any measure of the Agreement.