Primary
Elements D License
100-Year
Multi-Use Royalty-Free Retail/Product Music Synchronization
License Agreement
1.
Upon payment and receipt of your licensing order, Primary
Elements (www.PrimaryElements.com) grants to you, on
behalf of the copyright holder (Pe Artist) under contract
with Primary Elements, a royalty-free non-exclusive
right to synchronize the musical element(s) (Music
or Element or Elements or Media) that accompanies this
document (agreement), into an unlimited number of multimedia
retail and product production(s) (Production or Productions)
distributed world-wide, for 100 years from the original
date of sale (Execution).
2.
Uses allowed by this license include, but are not limited
to:
Commercial/Retail
Physical Toy/DVD/Video/Game Products (distribution
under 50k units)
Non-Profit
Organization Productions (non-feature films)
Commercial
Multi-Player Online Games
Commercial
Theatrical Productions (up to 250 total performances
at up to 25 venues with attendance under 100k total)
Commercial
Ringtones (distribution under 100k units)
Also
includes all uses allowed by our A, B and C Licenses
3.
Uses not allowed by this license include, but are not
limited to:
Any
uses listed in Section 2 that exceed the specific restrictions
or limits, without prior written clearance from Primary
Elements (see Section 4 below)
Any
Film/Theatrical Productions (excluding the specific
uses allowed in Section 2 above)
Any
illegal or otherwise unlawful productions
4.
You are responsible for clearing any uses not listed
in this agreement or that you are unsure of by contacting
Primary Elements prior to any such use.
5.
By purchasing this single-site license, you are not
assuming any copyrights or rights other than those
specifically granted to you in this entire license
agreement. Primary Elements and the Pe Artists reserve
all rights to legal and financial remedies and relief
concerning the elements.
6.
The music associated with this license is copyrighted
and protected under United States and International
laws and any misuse of the music will be investigated
and prosecuted to the fullest extent of such laws.
7.
We define multimedia as a production that contains
the music synchronized in timed-relation with other
media elements including, but not limited to voice,
sound effects, graphics, animation, or video.
8.
Primary Elements promises that the Pe Artist that created
the elements owns the full copyright and publishing
rights to the elements and that no additional performance
royalties will ever be required of you.
9.
If you violate any of these terms or you obtain a refund
or credit for the elements by any means, unless specifically
authorized in advance by Pe, the rights granted to
you by this license will be immediately revoked.
10.
You may not transfer, assign, lend, re-sell, auction
or sub-license the music to anyone else and you must
immediately destroy or return all physical and electronic
copies of the music and the media it is delivered on,
at your sole cost, when the license expires or is otherwise
invalidated or revoked.
11.
You may not use the music or any part of the music,
including samples, in a musical production or add lyrics/vocals
to the music without our prior written consent, which
may require an additional license and fee.
12.
You may not name your production the same as one of
our elements or libraries without our prior written
consent.
13.
You are allowed to make only two offline backup copies
of the music as digital audio files and you must store
the backups and original media in a safe location that
other people do not have access to.
14.
The elements may only be available to networked workstations
at a single physical site. Any external storage other
than the offline backups authorized above will require
an additional multi-site license, which may require
an additional fee.
15.
You may not post or make the elements available on
the Internet, a web page, an FTP server, a file sharing
network, or by any other means separate from a production,
to any individual or company, without our prior written
consent.
16.
You may not allow any other producer, production service,
group, company or individual to use the elements for
any purpose.
17.
You may edit, loop, truncate, and otherwise process
the elements to suit your use, but in doing so you
in no way assume any copyright or rights other than
those specifically outlined in this entire agreement
for the resulting audio files derived from the original
elements, no matter how indistinguishable they may
become.
18.
You may not transcribe the musical compositions or
any lyrics from the music without our prior written
consent.
19.
You are encouraged but not required, other than the
requirements specified in section 2 above, to give
Primary Elements an appropriate credit in your production
and/or in any artwork or documentation that accompanies
your production, such as "Music courtesy of PrimaryElements.com",
or you can optionally give the Pe Artist a composer
credit, such as "Music by <Pe Artist's Name> -
Courtesy of PrimaryElements.com". We will furnish
the Pe Artist's name for this specific purpose, upon
request.
20.
Primary Elements may use your name, company name, the
name, nature and location of your production, or the
URL of your web site or the production's web site,
for our promotional and advertising purposes. This
however will not imply that we are affiliated with
you or in any way endorse your production.
21.
You must furnish a single copy of your finished productions
if we request them, at your sole cost, when reasonably
feasible.
22.
You hereby agree to defend, indemnify and hold Primary
Elements and its agents, employees and Pe Artists free
and harmless against any and all claims, suits, liability,
loss, damage, judgments, recoveries, costs, expenses
and attorney's fees made or brought, paid, or incurred
directly or indirectly by any party due to any breach
or claim of breach of this license agreement or in
connection with the use of or copyright of the music.
23.
Notwithstanding the paragraph above, if there is any
dispute over this license agreement, we mutually agree
to solve the dispute through mediation at a location
of Primary Elements' choosing, and at your sole cost.
24.
This agreement shall be governed by and construed in
accordance with the laws of the State of California
at the time of execution and if any portion is found
to be unlawful or invalidated, the remainder of the
agreement will remain in full force and effect. |
