Non-Exculsive Licensing Agreement
HipHopInstrumental.net (hereinafter referred to as the "Licensor" ) in accordance with the terms set out below grants to the Purchaser (hereinafter referred to as the " Licensee") a license for a non-exclusive use of "Music" hereafter downloaded/purchased from HipHopInstrumental.net.
HipHopInstrumental.net
1. Grant of Rights
Licensee or a customer of Licensee shall have the worldwide, non-exclusive, non-assignable, non-divisible right for the unlimited use of the Music only in synchronization or mechanical reproduction with other audio and/or visual elements added by Licensee for broadcast or non-broadcast purposes with only the following restrictions:
(a) The Music cannot be duplicated by itself in whole or in part in any medium, tape or disc or otherwise, and resold, licensed, leased or in any other way used or transferred to any other party without the express prior written permission of Library.
(b) Licensee must obtain the prior written consent of Licensor if Licensee intends to reproduce and re-package the Music with additional recorded instrumentation and/or vocals and release it as part of a commercially available audio phono-record or visual release when the Music is a featured part of such project rather than an incidental or background element.
(c) Licensee must obtain an additional license from Licensor if Licensee or a Customer of Licensee intends to use the Music in a Mass Produced and Marketed Product (including but not limited to DVD, CD-ROM, Video, Internet sales, Computer Games etc) that exceeds initial sales of 2,000 units.
2. Licensee or a customer of Licensee shall have the worldwide, non-exclusive, non-assignable, non-divisible right to perform the Music publicly for non-broadcast purposes (including "message-on-hold" or "advertising-on-hold" applications transmitted via telephone systems including theatrical motion pictures and full length direct to video motion pictures when the Music is combined with other audio and/or visual elements added by Licensee and where the Music is not a featured part of any such presentation but rather an incidental or background element.
3. Licensor warrants that it has full power and authority to enter into this License and to grant Licensee the permission accorded under this License.
4. While Licensee by this License acquires the physical property embodying the Music (media) and the license to use the Music as described in this License, Licensee does not acquire any ownership rights in the Music or its underlying copyrights
5. If the Licensee does not comply with the terms of this license, or fails to pay for the license of the music, all rights granted to Licensee shall terminate, and HipHopInstrumental.net reserves the right to any other remedy available by law.
6. Licensee is to give credits to Licensor wherever the music is used. Unless written consent is optained by Licensee for changes, credits shall be clearly visible and written exactly like this:- Example Credits Music produced by Music produced by [the HipHopInstrumental.net Producer] - HipHopInstrumental.net. MP3 Files Must Include: Produced by [the HipHopInstrumental.net Producer] - HipHopInstrumental.net.
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EXCLUSIVE BEAT LICENCE AGREEMENT
HipHopInstrumental.net, a site that has legal permission to sell Exclusive Producer instrumentals (hereinafter referred to as the "Seller") from copyright owners, in accordance with the terms stated in this agreement, gives the Buyer (hereinafter referred to as the "Buyer") the exclusive rights to music that is purchased in the Exclusive sections of the site (hereinafter referred to as "Original Instrumental Composition".) The Producer (hereinafter referred to as the "Producer") is the copyright owner of Original Instrumental Compositions being sold on HipHopInstrumental.net
RIGHTS GRANTED TO AND NOT GRANTED TO THE BUYER:
Buyer has the worldwide, exclusive, non transferable right for the use of the Original Instrumental Composition as long as additional audio/visual performances are recorded with the Seller’s musical compositions (hereinafter referred to as "synchronization") The Buyer is granted permission to sell or broadcast only in synchronization or mechanical reproduction with other visual or audio performances (vocals) added by Buyer. Rights include distribution of phono-record demos created using the Seller’s compositions. Buyer has distribution, performance and radio rights as long as they adhere to the restrictions delineated herein. Buyer understands that the rights that are being granted to the Buyer in this Agreement are exclusive and that the Seller will have no authority and no right to issue other parties the right to use the Original Instrumental Composition that is being licensed in this agreement.
1) The License expressly FORBIDS resale or other distribution of the Seller’s compositions, either as they exist or any modification thereof. Buyer CANNOT sell, loan, rent, lease, assign, remix, rearrange, remove any melodies, instruments, drum programming or transfer all OR any of the products sold or their rights under to another user (example - Record Label, another production company, another producer), or for use in any competitive product without written consent and/or another license agreement.
2) The Buyer understands that they are responsible for clearing all samples that they choose to use and that the Seller cannot and will not be held liable for the misuse of any sampled material that the Buyer uses in conjunction with the Original Instrumental Composition that is being licensed in this agreement.
3) Buyer cannot resell, lease or license the Orignal Instrumental Composition to another user without written permission from Seller. The Buyer understands that The Seller's producers maintain 100% copyright and ownership of the Original Instrumental Composition that is being licensed in this agreement, and the Buyer has NO right to sell or license the rights to the Original Instrumental Composition whether in whole or part to any other party without written permission from the Seller.
5) Buyer must include on all productions the producer's name. Buyer agrees to display this statement on all physical media containing a portion or some of the Original Instrumental Composition that is being licensed in this agreement, including but not limited to CD's, CD covers, Cassette tapes, Cards, etc.
Example Credits Music produced by Music produced by [the HipHopInstrumental.net Producer] - HipHopInstrumental.net. MP3 Files Must Include: Produced by [the HipHopInstrumental.net Producer] - HipHopInstrumental.net.
6) Buyer may sell completed work using music from Seller in any format.
7) Buyer must contact and inform Seller of CD sales if the Original Instrumental Composition is used for commercial purposes with a record label with gross revenue of over $100,000.00. The Producer must receive credit for the Original Instrumental Composition, unless agreed upon otherwise by the two parties.
8) Buyer can use of the Original Instrumental Composition for synchronization of vocal performance, Radio Broadcast, Commercial Advertisement, Television Broadcast, Video Games, Internet, On-hold & In House Background Music, or film Soundtracks.
PERFORMANCE AGREEMENT:
1) Buyer has the right to perform with the Original Instrumental Composition in public.
2) Buyer is the sole owner of the Original Instrumental Composition referred to in this agreement but Buyer has no ownership of the Producer's copyrights.
3) Buyer must comply with every aspect of this agreement or this license will be terminated.