License Agreement
Changes to this agreement can be made in communication with the Licensor on an individual basis. The terms written here are legally binding unless changes have been made with express permission in writing (and with matching signature) from the licensor.
Regarding Products in the Store (e.g. audio files, scores, etc.), and the premium content in this website, the Licensee agrees that this is a single user license, and agrees to never present, share, sell, nor attribute the products to other persons without express written permission from the Licensor.
You agree that the service provided in this website contains Content specifically provided by the copyright holder and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
The copyright holder grants each user of the website a worldwide, non-exclusive, non-sublicensable and non-transferable license to use the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from the copyright holder identified in such Content’s copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
‘Royalty Free’ Product License Agreement
Changes to this agreement can be made in communication with the Licensor on an individual basis. The terms written here are legally binding unless changes have been made with express permission in writing (and with matching signature) from the licensor.
THIS LICENSE AGREEMENT is made on the Date of Purchase (hereinafter referred to as the “Effective Date”) of any products on the Online Store of inalbis.net (hereinafter referred to as the “Store”) by and between the individual who wishes to purchase Any Material or Musical Works available on the Store (hereinafter referred to as the “Products”). This individual or party is hereinafter referred to as the “Licensee”, and Manuel Ariza (who is the composer and songwriter) is hereinafter referred to as the “Licensor”. The Licensor warrants that it controls the mechanical rights in and to all the Products as of and prior to the Effective Date. The Compositions, including the music thereof, was composed and produced by the Licensor (Manuel Ariza).
All licenses are non-refundable and non-transferable.
Master Use. The Licensor hereby grants to the Licensee a non-exclusive license (this “License”) to play the Composition partly or in its entirety and substantially in its original form (“Master Recording”) within a certain Video Game, Film, Social videos, Website, etc.
Delivery. The Licensee agrees to download the purchased products within 24 hours of receiving the link via an email which will be sent within 12 hours after checkout is complete. If the download link expires, the Licensor will supply a new download link on request within a timeframe of his convenience, from which the download will also need to be completed by the licensor within 24 hours of receiving it. The Licensor is not obligated to supply any other download links beyond this, so if the Licensee desires, alternative solutions can be discussed but are not obligatory.
Mechanical Rights. The Licensor reserves all mechanical rights.
Synchronisation Rights. The Licensor hereby grants limited synchronisation rights for Ten (10) projects, including but not limited to Films, Video Games, Televisions, Music Videos, Advertisements, Online Videos (Youtube, Vimeo, etc.). Separate synchronisation licenses will need to be purchased if a product is to be used on more projects.
Broadcast Rights. The Licensor hereby grants to Licensee broadcasting rights on any Broadcast Platform (Radio, Television, Cinema, Online viewing, etc.) for the purchased Products.
Credit. The Licensee shall acknowledge the original authorship of the Composition appropriately and reasonably in all media and performance formats under the name “inalbis” in writing where possible (e.g as a ‘Music Credit’ or written in the title or description of the project) and vocally otherwise.
Consideration. In consideration for the rights granted under this agreement, the Licensee shall pay to licensor the sum specified in purchase checkout of the Products. If the Licensee fails to account to the Licensor, timely complete the payments provided for hereunder, or perform its other obligations hereunder, including having insufficient bank balance, the licensor shall have the right to terminate License upon written notice to the Licensee. Such termination shall render the recording, manufacture and/or distribution of Recordings for which monies have not been paid subject to and actionable infringements under the EU applicable law.
Indemnification. Accordingly, the 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.
Breach by Licensee:
- The licensee shall have five (5) business days from its receipt of written notice by Producer and/or Producer’s authorized representative to cure any alleged breach of this Agreement by the Licensee. The Licensee’s failure to cure the alleged breach within five (5) business days shall result in the Licensee’s default of its obligations, its breach of this Agreement, and at Producer’s sole discretion, the termination of the Licensee’s rights hereunder.
- If the Licensee engages in the commercial exploitation and/or sale of the Products outside of the manner and amount expressly provided for in this Agreement, Licensee shall be liable to Producer for monetary damages in an amount equal to any and all monies paid, collected by, or received by Licensee, or any third party on its behalf, in connection with such unauthorised commercial exploitation of the Products.
- The Licensee recognises and agrees that a breach or threatened breach of this Agreement by Licensee give rise to irreparable injury to Producer, which may not be adequately compensated by damages. Accordingly, in the event of a breach or threatened breach by the Licensee of the provisions of this Agreement, Producer may seek and shall be entitled to a temporary restraining order and a preliminary injunction restraining the Licensee from violating the provisions of this Agreement. Nothing herein shall prohibit Producer from pursuing any other available legal or equitable remedy from such breach or threatened breach, including but not limited to the recovery of damages from the Licensee. The Licensee shall be responsible for all costs, expenses or damages that Producer incurs as a result of any violation by the Licensee of any provision of this Agreement. Licensee’ obligation shall include court costs, litigation expenses, and reasonable attorneys’ fees.
Term. Executed by the Licensor and the Licensee, to be effective as for all purposes as of the Effective Date and shall terminate exactly Five (5) years from this date, after which time the licensee is obligated to purchase a new license if it is available via the Store or by direct contact with the Licensor. If a new license is not purchased, all the Licensee’s commercial benefit from use of the Products in question must cease immediately.
Miscellaneous. This license is non-transferable and is limited to the Products purchased by the Licensee, constitutes the entire agreement between the Licensor and the Licensee relating to the Products, and shall be binding upon both the Licensor and the Licensee and their respective successors, assigns, and legal representatives. The Licensor Manuel Ariza, owns 100% of the writers share, 100% the publishers share, and reserves all rights to the Store Product(s) and/or Musical Work(s). This agreement shall be governed by and interpreted in accordance with the laws of the EU applicable to agreements entered into and wholly performed in said State, without regard to any conflict of laws principles. You hereby agree that the exclusive jurisdiction and venue for any action, suit or proceeding based upon any matter, claim or controversy arising hereunder or relating hereto shall be in the state or federal courts located in the EU. The licensee shall be deemed to have signed, affirmed and ratified its acceptance of the terms of this Agreement by virtue of its payment of the License Fee to Licensor and its electronic acceptance of its terms and conditions at the time Licensee made payment of the License Fee.