1) 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 subject to the following restrictions:
The Music cannot be duplicated by itself in whole or in part i
n 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 Licensor;
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; and
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, Computer Games etc) that exceeds an initial duplication of 2,000 units.
2) Public Performance of the Music:
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; and
If Licensee's use is an audio-visual use which is broadcast over television, radio, cable, satellite or similar medium, then Licensee agrees to exercise reasonable care to make such broadcast information available to Licensor so that Licensor can arrange to collect its performance fees on the Music from the performing rights society with which Licensor is affiliated.
3) Licensor warrants that: it is the holder of the copyright in the Music and/or has contracted the rights to the “Music”, excepting such “Music” which has been clearly identified as containing samples of other artist’s copyrighted music, and 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 kustombeats.com reserves the right to any other remedy available by law.
6) If Licensee purchases “Music” with samples utilized by Licensee in the “Music”, it shall be the sole responsibility of the Licensee to obtain clearance from the copyright holder of that sample for its use in any manner whatsoever and Licensee shall hold Licensor harmless from any use of such “Music” by Licensee.
