IMPORTANT-PLEASE READ CAREFULLY:
This BRECORDING End-User License Agreement (“EULA”) is a legal agreement between you (whether an individual or entity) and BRECORDING Pty. Ltd. (“BRECORDING”), operators of www.brecording.com (the “Website”).
YOU MAY NOT USE THE MUSIC OR MELODIES MADE AVAILABLE ON THE WEBSITE (“MUSIC”) IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA. YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS.
All Music purchased on the Website comes with a license for use in various multimedia applications including as video games, educational software, powerpoint and keynote presentations, television advertisements, radio spots, documentaries, institutional and corporate advertising, phone on hold, jingles, websites, flashes, banners. You may not resell or redistribute the Music.
- GRANT OF LICENSE.The Music is licensed, not sold, and the rights granted here are validated by proof of purchase. In consideration of your one-time payment of the license fee, BRECORDING grants to you (subject to the transfer limitations herein), those limited, non-exclusive worldwide rights listed below:
- Editing Rights. You may excerpt, edit or loop portions of the Music sources for the purpose of extending its length for creative, technical, or timing purposes. You may not inherently change the Music.
- Mechanical Rights. The right to duplicate, re-record and release the Music as part of your production whether in the form of USB, CD-ROM, video, DVD, tape or other physical form but not as part of a musical production.
- Performance rights The right to perform the Music publicly as part of your productions (including in television productions, podcasts, films, multimedia presentations) but not as a musical production.
- Synchronization Rights. The right to use the Music synchronized with visual content, sequences, intermissions including but not limited to: films, DVDs (including console, PC, and handheld games), multimedia presentations, television or radio broadcast productions (including commercials, programs) and software programs.
- Website Rights. The right to use Music as part of a personal or commercial website together with images, text, or other audio/visual content. The Music must be used in a supporting or secondary role and not as the main content of website.
- RESTRICTIONS.You may use the Music subject to following restrictions:
- Neither the Music, nor any portion thereof may be resold or redistributed by you or any of your representatives or contacts.
- Music licensed to you under this EULA may not be used together with other musical elements to create a separate derivative musical composition on which you claim a separate copyright or as part of a musical production.
- The Music can serve as an “underscore” or “bed”, for example, for narration on an at home work out video, but it cannot under any circumstances be its own separate music or sound effect track on a video or collected together and exploited on a video with other music tracks or sound effects or in commercial software whose primary purpose is to play back sound effects in a standalone manner that is not time-synchronized with a moving visual image, and where the sole intent of the sounds is to create an audible “notification” for the end user.
- You may not sell the Music outright to any third party, although it can be included in as part of your production.
- TERM.The term of this License is one hundred (100) years from the date of receipt of payment to BRECORDING.
- OWNERSHIP.The Music which is licensed and not sold to you. You may own the medium on which the Music is recorded, for example a CD, however full title and ownership (including all copies made of the Music) is not transferred to you. Upno payment, you own 100% of the performance rights of the Music. Copyright laws and international treaty provisions protect the Music and all copies of the Music.
- RIGHTS ARE NOT TRANSFERRABLE.The rights granted herein are non- transferable. Except to the extent necessary to exercise the specific rights described in clause 1 above, you shall not assign, rent, lease, sell, sublicense, or otherwise transfer the Music to another party without prior written consent of BRECORDING. All rights not expressly granted to you under this EULA are reserved by BRECORDING.
- TERMINATION.This EULA may terminated by BRECORDING if you fail to comply with these terms and conditions. In such event, you must destroy all copies of the Music and all of its component parts.
- WARRANTY.BRECORDING warrants that it is legally authorized to grant the rights specified under this EULA and to the fullest extent permitted by law, expressly disclaims any other warranty on the Music. The Music is provided “as is” without warranties, endorsement, guarantees or condition of any kind, either express or implied, including, without limitation, the implied warranties and conditions of merchantability, or fitness for a particular purpose.
- INDEMNITY.You shall be liable for all costs and losses incurred by BRECORDING as a result of your breach of this EULA, or any applicable law or regulation, any violation of third-party rights, frauds and any use or misuse of the Website.
- LIABILITY FOR DAMAGES.
- Except as provided herein and to the fullest extent permitted by law, neither BRECORDING nor its suppliers are liable for any damages whatsoever and have no liability to you for any direct, indirect or consequential loss or damage incurred by you in connection with the use of the website or the music including loss of income; loss of profits or contracts; loss of business; loss of anticipated savings; loss of business opportunity, goodwill or reputation; whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
- Our maximum aggregate liability under or in connection with this EULA, whether in contract, tort (including negligence) or otherwise, shall be nil.
- We are not liable for any failure to perform any of our obligations under this licence caused by matters beyond our reasonable control including any event outside of our control.
- TERMINATION.This EULA is effective until terminated by either party. You may terminate this EULA at any time by destroying all copies of the Music and notifying us in writing vie registered post to the address on our website. We may terminate this EULA immediately without notice if you breach this EULA and fail to comply with any of its provisions. Upon termination, you must destroy all copies of the Music.
- GOVERNING LAW.The laws of Australia govern this EULA. If for any reason a court of competent jurisdiction finds any provision or portion of this EULA to be unenforceable, the remainder of the terms included herein will continue in full force and effect.