Terms & Conditions
This license agreement (hereafter referred to as the "Agreement") is made between the "Licensee" and the composer and Heysounds (hereafter referred to as the "Licensor"), in regards to the musical compositions embodied on the website Heysounds (hereafter referred to as the "Work") on the date of the electronic signing and acceptance of this Agreement set forth below.
Licensor guarantees that it owns and controls the rights represented herein with respect to the recordings and the musical compositions in the Work and has and will hold throughout the territory all rights to exploit the Work as contemplated herein.
The Licensor grants Licensee an exclusive perpetual license to use the Work herein. Licensor reserves unto itself all rights of every kind and nature except those specifically granted to Licensee in this Agreement. The mechanical, synchronization, and performance rights granted to the Licensor within the Agreement include (1) right duplicate and release the Work as part of a production in whatever medium(s) necessary (i.e. video tape, film, CD-ROM, DVD). If the music is used in software such as a video game application or other software product, the music will be "embedded" with the intention that the end user of the software or video game is unable to extract or use the music on its own; (2) right to use the music as a soundtrack "synced" with visual images as part of a production; and (3) right to use the music as part of the public viewing or broadcast of a production (including but not limited to TV shows, videos, DVDs, Web Sites, podcasts, live shows, multimedia presentations, and films); (4) right to shorten the length of the Work to fit Licensee’s needs.
Rights not included in this agreement
The rights granted to the Licensee do not permit the Licensee to (1) claim authorship of the music represented under this Agreement; (2) transfer, share, assign, bequeath or sub-lease this license agreement with any other party; (3) copy or duplicate the Work except for use in the Licensee's productions; (4) permit any other individual or third party the right to use the Work in place of the Licensee; (5) resell, trade, or exploit for profit the Work contained herein outright or as part of other music and/or audio-related collections, in part or in whole, to any other individual or party; (6) to add vocals to the Work; (7) modify the Work by adding instruments to the composition.
Successors / Assigns
Licensor may at his discretion transfer, assign or bequeath his rights to a third party. Licensee does not have the authority or right to assign or transfer the rights granted in this Agreement to a third party.
Terms and Termination
Licensee shall abide by the following terms. (1) The term of this Agreement shall be perpetual, unless terminated earlier pursuant to this Agreement. (2) This Agreement shall be subject to termination at the election of Licensor, by written notice to Licensee, where Licensee has violated the terms of this Agreement. (3) Upon termination of this Agreement, Licensee shall immediately cease using the Work throughout the territory. (4) Termination of this Agreement shall not extinguish any of Licensor and Licensee's obligations under this Agreement, which by their terms continue after the date of termination. (5) Licensee rights terminate upon Licensee death. (6) If Licensee is an entity such as a company, an organization or a municipality, the term of the license terminates after 25 years.
Licensee shall indemnify and hold harmless Licensor , his successors and assigns from and against any and all claims, damages, liabilities, costs and expenses (including reasonable attorneys' fees), arising out of or in any way connected with any claim of the use of Work by Licensee where it infringes any intellectual property rights or other rights of any third party.
The territory of this contract is the entire universe.
The e-mail address of each party hereto as set forth below shall be the appropriate address for the mailing of notices. All notices shall be deemed received or effective by the time stamped in the e-mail. Either party may change their e-mail address by written notice to the other.
The Licensee is not required to credit the Work to Licensor in the Licensee's productions or presentations (in liner notes, rolling credits, verbal acknowledgment, etc.)
The term of the contract is effective on the date Licensee electronically agrees to the terms stipulated on the website Heysounds.
The Licensee agrees to pay the Licensor a one-time fee as stated on the website Heysounds. Licensee will not owe any future additional royalties or fees to the Licensor for future use of the Work within the terms of this Agreement.
This Agreement sets forth the entire agreement between the parties with respect to the subject matter hereof, and may not be modified or amended except by written agreement executed by the parties hereto. In witness whereof , the parties have caused this Agreement to be executed the day and year set forth when Licensor electronically accepts the terms on this Agreement on the website Heysounds.