THIS AGREEMENT GRANTS THE LICENSEE CERTAIN NON-EXCLUSIVE RIGHTS TO THE INSTRUMENTAL BEING LICENSED.
The following serves as a legally binding agreement, made and entered into on the (Effective Date) between Dizzla D Music, doing business as www.dizzladmusic.com (“Licensor”) and You (“Licensee”).
Licensee: You, the person or company who has been granted a license.
Work: derived song or composition that contains both the Instrumental and synchronized vocals.
Master Recording: sound recording of the Instrumental, embodying the performance of Dizzla D.
1. Licensor hereby grants to Licensee a non-exclusive license (this "License”) to record vocal synchronization to the Instrumental partly or in its entirety and substantially in its original form ("Master Recording").
2. Licensor hereby grants to Licensee a non-exclusive license to distributing one (1) version of the Master Recording for profitable use. This version must include synchronized vocals. The Licensee is limited to a distribution of five thousand (5 000) copies of the Master Recording, which can be distributed on any kind of recording media including, but not limited to: compact discs, DVD’s, VHS videos, Cassettes, Vinyl, digital downloads and all other forms of media.
3. Licensor hereby grants limited synchronization rights using the Master Recording of the Instrumental for one (1) video streamed online (Youtube, Vimeo, etc..) for unlimited video streams on all total sites. A separate Synchronization License will need to be purchased for distribution of video to Television, Film or Video game.
4. Licensor hereby grants to Licensee a non-exclusive license to use the Master Recording in unlimited non-profit performances, shows, or concerts. Licensee may receive compensation from performances with this license up to five thousand us dollars ($ 5000 usd).
5. Licensor hereby grants to Licensee no broadcasting rights.
6. Credit must always be given. By making a purchase of any kind, Licensee declares that he will give credit to the Licensor where possible in a written form. Licensee shall acknowledge the original authorship of the Instrumental appropriately and reasonably in all media and performance formats (including, but not limited to Youtube videos, CD’s, liner notes) under the name "Original Music by (Dizzla D Music)" or “(Produced by Dizzla D Music)” in writing where possible or can be done verbally (through recorded vocals on the Master Recording).
7. Licensor maintains 100% full rights (copyright and ownership) of both the Master Recording of the Instrumental and the underlying musical work, and can continue to sell it non-exclusively and/or exclusively. The Licensee has neither the right nor authority to sell or license the rights to the Master Recording of the Instrumental whether in whole or part to any other party. The Master Recording of the Instrumentals may not be claimed via content ID tools (e.g. Youtube content ID).
8. Licensee agrees to pay the Licensor a non-refundable fee of $ 39.95 (US dollars) for the non-exclusive use of the Instrumental that is being licensed in this Agreement, for the purpose of creating one (1) new composition. This includes Taxes, if applicable. Dizzla D Music accepts Paypal and Credit Card.
9. All non-exclusive licenses are non-refundable and non-transferable.
10. All Instrumentals are delivered via e-mail or via a download link by a file-sending service such as sendspace.com and wetransfer.com, after payment has been received and confirmed. A delivery time frame of 24 business hours is possible. No tangible copies will be delivered.
11. Third party sample clearance (getting permission) is the responsibility of the Licensee. If the Instrumental includes samples, Licensee understands that the sequence and music arrangement is considered to be an original work. Licensee is solely responsible for clearing all samples used (if any). Licensor cannot and will not be held liable for the misuse of any sampled material that the Licensee uses in conjunction with the Instrumental that is being licensed in this agreement.
12. This agreement will be valid for a period of five (5) years. The term of this agreement will start the day this agreement is signed by the Licensee and will be effective for five (5) years from such date.
13. Licensor grants Licensee 0% of the publishing rights. Licensor maintains 100% of the publishing rights. Accordingly, Licensee is not allowed to register a derived Work with public rights societies (such as Ascap, BMI, Buma, Gema, Sacem and Sabam).
14. The English text of this agreement determines its interpretation. Furthermore, the English text is binding in the event of any difference in content or scope. Rights can only be derived on the basis of the English version of this agreement.
Applicable Law and Jurisdiction
15. This agreement is exclusively governed by Dutch law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding the principles of conflict of laws (private international law). Disputes shall be settled by the competent court in the District where Licensor is established. You hereby agree, and Licensor agrees, to submit to the exclusive jurisdiction of the courts in The Netherlands for resolution of any dispute, action or proceeding arising in connection with this Agreement. Licensor also has the right to refer the matter to the competent court in the residence / location of the Licensee.
16. Licensee agrees to indemnify and hold Licensor harmless from and against any and all claims, losses, damages, costs, expenses, including, without limitation, reasonable attorney's fees, arising of or resulting from a claimed breach of any of Licensee's representations, warranties or agreements hereunder.
17. Should one or more provisions of this agreement be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the agreement, which will remain in full force and effect.
Amendments and Additions
18. Licensor reserves the right, at his sole discretion and at any time without prior notice to you to add, delete or amend parts of this agreement. Licensor will post any changes to the agreement on this page and will indicate the effective date of the revised agreement at the bottom of this agreement. It is important for you to refer to this agreement from time to time to make sure that you are aware of any changes that we may have made. Licensor reserves the right, at our sole discretion and at any time without prior notice to you to add, delete or amend parts of this agreement.
Grant of Rights
19. All rights not expressly granted herein are reserved exclusively by Licensor. Licensee refrains from editing the original Instrumental by changing the arrangement, extracting or removing any melodies, drum programming or sounds that are contained within the Instrumental. No changes to an Instrumental are allowed, except of length changes. It is not allowed to use any parts, melodies, instruments, sounds, drum arrangements, etc. of the original instrumental composition for other compositions. Furthermore, Licensee will not remove, dismantle or extract any melodies, instruments or drum programming from the Instrumental to include in a sound or sample library, for distribution nor for the transfer of rights to another user such as but not limited to another production company, record label or another producer for use in any competitive product. Licensor expressly forbids resale or other distribution of the Instrumental, either as downloaded or any modification thereof. Licensee cannot sell, loan, rent, lease nor assign use of any variation of the Instrumental.
20. A. All Instrumentals licensed (exclusive and non-exclusive) stay on the Dizzla D Music webpage for promotional uses.
B. Licensor is not responsible for third party sites claiming to sell Dizzla D Music Instrumentals / beats.
21. By signing this agreement and/or clicking the ‘’Buy-button’’ and/or downloading the Instrumental file(s), you (the Licensee) declare that you have read, understood, and agreed to the above terms of agreement. You further agree that any breach of this contract shall result in the revocation the non-exclusive license and termination of this agreement. Violation of the terms of this agreement may constitute a violation of copyright law. Additionally, by violating the above terms, any use of any recording that contains any portion of Licensor’s intellectual property without written permission from Licensor would constitute a violation of copyright law. We respect other people’s intellectual property and expect you to do the same. Infringement upon any intellectual property could result in adverse legal action.
v.1.0.4 FEB 2015