This license agreement (this “License Agreement” is between you (“Licensee” or “you”) and Innovative Performance Productions LLC (the “Licensor”). The songs and tracks that are provided to you, whether by download or otherwise (each, a “Mix”), are licensed to you, not sold to you. All rights not expressly granted to you below are reserved by Licensor. The copyright retained by Licensor includes all sounds, samples, loops and/or vocals contained in the Mix.
This limited license is only granted to the original Licensee. The Licensee is limited to the program owner, the coach and/or team member who has paid for the Mix via electronic transfer or paper check and students enrolled in the relevant program or registered members of the coach’s team. Licensee may hold no more than 35 copies of the Mix and no copies of the Mix may be provided to individuals who are not directly and officially affiliated with Licensee’s organization.
Licensor retains the copyright and all other intellectual property rights in all sounds, samples, loops, and/or vocals included in any Mix.
Provided Licensee has paid Licensor the applicable license fees for the Mix, Licensor grants (the “Grant”) to Licensee, the non-exclusive, non-transferrable, non-sublicensable right and license to publicly perform the Mix only on a synchronized basis with Licensee’s performances of a cheerleading or dance routine to live audiences of cheerleading or dance competitions, exhibitions or practices (and the necessary “through-the-viewer” music performance rights with respect to such synchronization). No Mix (or any part thereof) may be sampled or otherwise made a part of another musical composition. Licensee may not create derivative works from, edit, make or distribute copies (except to the extent necessary for Licensee’s disaster recovery purposes), sell, rent or otherwise display, distribute or perform the Mix (or any part thereof) in any manner other than set forth in the Grant above.
The Licensee may use the Mix for the above mentioned public performance(s) or visual image synchronization for the term of one season, expiring May 15, 2018. Nonetheless, Licensor may require Licensee to provide proof of purchase after expiration of the license for performances prior to the expiration of the license. This product license cannot be purchased retrospectively. To avoid litigation, we recommend that you buy this product legally before using its content. Furthermore, all other recipients of the content not defined as “purchaser,” will need to purchase a license, prior to using the content in any of the above mentioned public performances or visual image synchronization, as this is a single user license and non-transferrable. Additionally, the purchaser may not release the content on any social media or streaming medium (i.e., facebook, twitter, instagram, soundcloud, youtube and etc.) without written consent granted by Innovative Performance productions.
All copying, lending, duplicating, remixing, re-selling, renting, uploading, file sharing or unauthorized trading of this content (or any part of this content) is prohibited by international copyright law and Innovative Performance Productions, LLC. We will not hesitate to take legal action against any person(s), company or individual(s) who fail to adhere to the terms of this License Agreement.
Licensee agrees to defend, indemnify, and hold harmless, Licensor, its affiliates and their respective officers, directors, shareholders, employees, subcontractors, agents, consultants, representatives and suppliers (collectively, the “Licensor Parties”) from and against any and all claims, suits, demands, liabilities, costs, losses, damages, judgments, penalties or expenses (including reasonable attorney’s fees) arising out of or relating to (i) Licensee's breach of any provision of this License Agreement; (ii) Licensee's activities or other conduct of its business; (iii) the violation by Licensee of any statutory or regulatory obligation; or (iv) any claim or action for person al injury, death, property damage or other cause of action in connection with Licensee's activities.
All liability of the Licensor Parties collectively for claims arising under this License Agreement or in any way connected to the Mix, howsoever arising, shall be limited to the money paid to Licensor by Licensee for the applicable Mix. This limitation of liability is cumulative and not per incident (i.e., the existence of two or more claims will not enlarge this limit). In no event shall any of the Licensor Parties be liable for any special, incidental, indirect or consequential damages, or lost revenue, lost profits, damages or liability based on the other party's revenue, or lost or damaged data, or damages or liability based on the amount or duration of use of a Mix, arising from any type of claim whatsoever, whether arising in contract, tort (including negligence), or otherwise, even if such party has been informed of the possibility thereof.
Licensor will defend, indemnify and hold harmless, Licensee, its affiliates and their respective officers, directors, shareholders, employees, subcontractors, agents, consultants, representatives and suppliers from and against any and all third party claims, suits, demands, liabilities, costs, losses, damages, judgments, penalties or expenses (including reasonable attorney’s fees and court costs) that may be obtained against, imposed upon or suffered by any of them as a result of a breach of any warranty or representation contained in this License and arising from or in connection with any uses of the Mix permitted herein.
If you have any questions about this license of you wish to report and individual who has flouted the terms of this License Agreement, then please contact us.
THANK YOU FOR CHOOSING INNOVATIVE PERFORMANCE PRODUCTIONS!
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