THIS IS A LEGAL LICENSE AGREEMENT (THE “AGREEMENT”) BETWEEN NICKOSHIRO.COM (“NickOshiro.com”) AND [Customer Name], [CUSTOMER FULL ADDRESS and phone] (“LICENSEE”) ON [DATE]. THIS LICENSE AGREEMENT APPLIES TO THE FOLLOWING DRUM TRACK DOWNLOAD VIA NICKOSHIRO.COM’S WEBSITE: [DRUM TRACK NAME] (“drum track”) ID: [DRUM TRACK ID]
1. License and Restrictions
a NickOshiro.com hereby grants to licensee all rights of every kind and nature in and to the drum track, including, without limitation, all rights in and to the drum track’s Performance, including the worldwide copyrights therein, (including the universal copyright and any and all renewal and extension rights) for all uses of whatsoever nature whether now known or hereafter devised, throughout the world and universe. Licensee shall accordingly have the sole and exclusive right to the drum track under Licensee’s name as the sole owner and author thereof.
b If for any reason we shall be deemed not to be the authors of the Performances, Compositions and/or Masters, then NickOshiro.com hereby assigns to Licensee the entire right, title and interest throughout the universe, in and to the Performances, Compositions and/or Masters, NickOshiro.com acknowledges and agrees that Customer and its affiliates, assignees, licensees, etc. have the right to use, produce, reproduce, record, re-record, adapt, edit, delete from, add to, combine with other works, translate, print, publish, advertise, transmit, perform, broadcast, disseminate and otherwise exploit and authorize the exploitation of the Performances, Compositions and/or Masters by any and all means now known or hereafter devised.
c NickOshiro.com hereby waives the benefit of any provision of law known as “moral rights” or any similar analogous provision of any treaty, statute, regulation or rule of law of any government or quasi-governmental body in any country of the world or throughout the universe with the exception of selling commercial license upgrades to non-commercial license holders as long as they purchased their non-commercial license before the date of this exclusive licensing agreement.
d This agreement does not terminate any previous non-commercial and commercial license agreements of this drum track given to users prior to this agreement. e NickOshiro.com shall remove this drum track from its online database and not sell any additional licenses or downloads of it except license upgrades.
In consideration of the grant of the license contained in this Agreement, Licensee agrees to pay to NickOshiro.com the amount set forth in the invoice or order receipt.
3. Cancellation on Payment failure
NickOshiro.com reserves the right, in its sole discretion, to revoke the license if payment is not made in full or if the payment transaction was reversed as a result of a credit card dispute. 4. NickOshiro.com’s Credit Licensee agrees to provide credit, where technically feasible and in accordance with customary industry practice, in the following manner: “Drum tracks by NickOshiro.com”. When credit is given over the web, it should be linked to: www.nickoshiro.com
5. Royalties and Additional Fees
Licensee is exempt from paying NickOshiro.com any additional licensing fees or royalties aside from the pre-determined license rates on www.drumtracks.com as long as used according to this agreement.
6. NickOshiro.com’s Warranty
NickOshiro.com represents and warrants that: (i) it has all necessary rights and authority to enter into and perform this Agreement; (ii) Licensee’s use of the drum track in its original form, and when used in accordance with this Agreement, will not infringe upon the rights of any third party, including copyrights and rights of privacy or publicity.
7. Your Warranty to Us
Licensee warrants that Master Recording and/or any Composition that contains this drum track does not violate any law or infringe upon or violate the rights, including without limitation all copyright rights, of any individual or entity. If Licensee is not the rightful owner of the song, then they warrant to NickOshiro.com that they have the necessary and required permission/license from the rightful owner to re-record, edit and/or modify the Master Recording and/or Composition. Licensee agrees to indemnify NickOshiro.com and its agents or assignees and hold them free and harmless from and against any and all claims, liabilities, costs, losses, damages or expenses, including but not limited to, reasonable attorney fees and court costs, arising out of any failure or breach by Licensee with respect to its warranties as set forth in this Agreement.
8. Breach and Termination
In the event of a Breach by Licensee, NickOshiro.com may, at its sole discretion, terminate this Agreement and revoke any licenses granted herein. Such termination shall take effect immediately upon notice to Licensee, and Licensee shall immediately (i) cease using the drum track in any Media and in any manner; (ii) destroy or delete all copies containing the licensed drum track. No action of either party, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of either party in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by either party of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy on one occasion will not be construed as a bar to or waiver of rights or remedies on any other occasion.
Promotions and Affiliation
NickOshiro.com may contact its Users to promote its own and its affiliate’s products and services. User agrees and acknowledges that NickOshiro.com may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials. You can control what type of communications you receive from NickOshiro.com by logging into your account and clicking the ’email notifications’ button.
User may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Content appearing on or through NickOshiro.com.
NickOshiro.com is not responsible for loss or damages caused by using its products or websites.
The customer waives the right to bring any legal action(s) against NickOshiro.com and/or its staff due to any damages or loss, financial or otherwise, resulting from the user’s use of drum tracks, subscriptions, website, profiles, account services, showcase and forum or consulting services.
NickOshiro.com reserves the right to refuse service at its discretion and/or terminate service at any time.