Royalty Free Music License Agreement
ROYALTY FREE MUSIC AND CONTENT LICENSE AGREEMENT
This license agreement (hereafter referred to as the “AGREEMENT”) is made between the purchaser (hereafter referred to as the “LICENSEE”) and the copyright owner(s) Tom Conti & Christine Conti, d/b/a ContiVerse.com (ContiMusic.com) of, Via Forno Vecchio 19, Formigine (MO), Italy, (hereafter referred to as the “LICENSOR”), in regards to the royalty free musical composition which has/have been electronically transmitted to the LICENSEE, (hereafter referred to as “THE WORK or Royalty Free track(s)”) on the date of purchase. BY PURCHASE AND DOWNLOADING OF THE WORK(S) FROM CONTIVERSE/LICENSOR THE LICENSEE ACCEPTS THE TERMS SET FORTH IN THIS AGREEMENT.
GUARANTEE AND AGREEMENT
LICENSOR guarantees that it owns and controls all rights represented herein with respect to the recording(s) and the musical composition(s) in THE WORK and has/will transfer THE WORK to the LICENSEE electronically. LICENSOR transfers to the LICENSEE certain use rights for THE WORK upon his/her purchase of THE WORK(S). The LICENSEE agrees that the Royalty Free track(s) are for his/her use only and not to be sold, redistributed or given away as stand alone music files or as part of any collection or music files or modified versions of THE WORK(S) as stand alone files or modified files within any collection anywhere in the world in any form: TO INCLUDE MODIFIED VERSIONS OF THE ORIGINAL AUDIO FILES/THE WORK(S), i.e. CD/DVD/Digital Media etc. and further agrees that said Royalty Free track(s)/THE WORK(S) are still Copyright Owned Works of the LICENSOR in perpetuity. LICENSEE FURTHER AGREES that THE WORK(S) will not be used in any way, shape or form, in any project that exploits THE LICENSOR in any way, shape or form, where LICENSEE attempts to defraud THE LICENSOR (or the public in general) by any means. Further, the LICENSEE understands and agrees that his/her use rights to THE WORK(S) can be revoked by the LICENSOR at any time, for any reason.
If it is found that the LICENSEE is selling (or has sold), given away or redistributed any of the music obtained through the LICENSOR as a stand alone product or a product that is being used by the LICENSEE where Royalties from THE WORK(S) THEMSELVES are being paid to any person or entity other than the LICENSOR, THE LICENSOR shall prosecute, to the fullest extent of the law, all persons and entities associated with the unlawful use of THE WORK(S), to include breach of THIS AGREEMENT, DAMAGES TO THE LICENSOR and CRIMAL FRAUD.
Where THE WORK(S) have been included in a project and where credit for THE WORK(S) is written or given, there is to be NO REBRANDING of THE WORK(S). CONTIVERSE(CONTIMUSIC)/LICENSOR does not waive ownership or intellectual property rights to any entity or third party. NO ONE SHALL OFFER OUR AUDIO FILES, for profit or nonprofit, as such without our explicit agreement. LICENSEE shall hold the LICENSOR harmless from any and all claims, liabilities and costs, losses, damages or expenses (including attorney’s fees) arising out of any breach, allegation, claim or failure on the part of the LICENSEE to comply with this agreement.
In the event that the LICENSEE wants to give proper composer credit or has received a free, Royalty Free music track, the LICENSEE agrees to give proper composer credit to the LICENSOR either within the actual product/project or on the webpage where the project/product appears on the internet with this line: Royalty Free music by https://www.contiverse.com
The mechanical, synchronization, and rights granted to the LICENSEE within the AGREEMENT include (1) right to release THE WORK as part of a production (not as stand alone music files) in whatever medium(s) necessary including, but not limited to, video tape, film, video game, digital embedding application, 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 WORK(S) as their own products or composition(s) and exploit or defraud THE LICENSOR in any way as previously stated within this AGREEMENT; (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, radio commercials, videos, DVDs, Web Sites, podcasts, multimedia presentations, and films). The LICENSOR grants LICENSEE a perpetual license to use THE WORK(S) herein as long as the LICENSEE IS IN COMPLIANCE WITH THIS AGREEMENT.
RIGHTS NOT INCLUDED IN THIS AGREEMENT
The rights granted to the LICENSEE do not permit the LICENSEE to (1) claim copyright authorship or ownership of the music represented under this AGREEMENT; (2) transfer, share or sub-lease this license agreement with any other entity or party; (3) copy or duplicate THE WORK except for use in the LICENSEE’S productions or products as previously defined; (4) permit any other individual, entity or third party the right to use THE WORK in place of the LICENSEE; (5) resell, trade, or exploit for profit or nonprofit, THE WORK contained herein outright or as part of other music and/or audio-related singles or collections, in part or in whole, to any other entity, individual or party.
From time to time, it may become necessary to modify this AGREEMENT. LICENSEE agrees that the LICENSOR may make modifications to this AGREEMENT at any time and that said modifications to the AGREEMENT must be upheld by the LICENSEE.
The territory of this Agreement is world wide.
DATES AND ELECTRONIC SIGNATURES
The terms of the Agreement are effective on the date of subscription or single purchase. LICENSOR agrees that the electronic signature on this electronic document is as binding as a real signature on a piece of paper. Electronic signature is considered completed and understood by both parties upon purchase of THE WORK.
The LICENSEE agrees to pay the LICENSOR a one-time fee for THE WORK either by single purchase or subscription purchase. The LICENSEE will not owe any future additional royalties or fees to the LICENSOR for future use of THE WORK(S) within the terms of this AGREEMENT.
THIS CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES HEREIN
Licensor Electronic Signature
Liborio (Tom) Conti & Christine Conti
d/b/a ContiVerse.com (ContiMusic.com)