Sunrise Music Productions License
Sunrise grants to Licensee a non-exclusive License to use the mix until _May 30th, 2020_ (the “Termination Date”). The license is not exclusive to you, cannot be sublicensed, assigned or transferred, and is limited by the terms of this Agreement. It is for your use only, and not for the use or benefit of any other person. Your access to, and possession and use of the Mix, are subject to this Agreement. If you fail to abide by the Agreement, Sunrise can terminate the license.
Because of this license, and until the Termination Date, you:
(i) may use the Mix in connection with public performances at USA Cheer events, and for any and all personal, noncommercial uses (Including non-USA Cheer competition events);
(ii) may synchronize and publicly perform the Mix in timed relation with any audio-visual transmissions of your cheer or dance performance, in any and all media now known or hereafter devised (excluding television broadcasts) throughout the world. No additional fees or royalties of any kind shall be due to Sunrise in connection with such transmissions during the term of this License; and
(iii) shall have the non-exclusive right to reproduce up to 40 copies in total of the Mix or any portions thereof, but only for copies distributed to Licensee’s teammates or as reasonably required in connection with performances at USA Cheer events.
This license will expire on the Termination Date, unless the License is renewed in writing prior to the Termination Date. Upon termination, the Mix may be kept by the licensee, but can no longer be used to compete at a USA Cheer event or any other event, or have the rights listed above in (i) (ii) and (iii) above.
The Mix and all copies of the Mix, and all rights, title and interest in and to the Mix, including copyright and trade secret rights, are and forever will be, owned by Sunrise. All rights not expressly granted to you are reserved by Sunrise. You must not Modify, Edit or Alter the Mix IN ANY WAY. Altering the mix in any way terminates the license without further notice.
Sunrise warrants and represents to you that : (i) it has full power and authority to enter into this agreement and perform the services hereunder; (ii) the performance of the services and grant of rights hereunder will not violate or conflict with the terms of any other agreement to which it may be bound; (iii) the performance of Sunrise’s services and the uses of the Mix will not infringe upon or violate any rights of any kind of any third party; and (iv) Sunrise is authorized to permit the Licensee to make up to 40 copies of the Mix for the Licensee’s use in connection with the intended purpose of the Mix.
Sunrise will defend, indemnify and hold Licensee, its employees, agents, attorneys, consultants, officers, directors, and assigns, as well as its parent companies, subsidiaries and affiliates harmless from and against any and all third party claims, suits, demands, liabilities, costs, judgments, penalties or expense (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 any breach of any such warranty or representation, arising from or in connection with any uses of the Mix permitted by this Agreement or any material breach by Sunrise of the terms and conditions of this agreement.
You will defend, indemnify and hold Sunrise, its employees, agents, attorneys, consultants, officers, directors, and assigns, as well as its parent companies, subsidiaries and affiliates harmless from and against any and all third party claims, suits, demands, liabilities, costs, judgments, penalties or expense (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 any modification, alteration, or editing of the Mix, any use of the Mix except as permitted by this Agreement, or any material breach by you of the terms and conditions of this Agreement.
This Agreement is governed by the laws of the State of Colorado. It is binding on the parties and their successors and assigns. It cannot be amended or modified except in writing. It is effective as of XXXXX but only when signed by Sunrise.
**Creative and stylistic choices are at the discretion of the producer. In any case, we’ll always make musical decisions that are in the client’s best interest and ultimately sound AWESOME!
***If the desired scope of work is more than the customizations selected, FULL OUT will invoice you for 'add-ons' (if applicable).
THIS COPY IS FOR YOUR REFERENCE ONLY, NOT A LEGAL VERSION OF THE LICENSE FOR PRINT OR USE AT COMPETITION. YOU MUST OBTAIN A LEGAL, FULLY EXECUTED COPY WITH YOUR PURCHASE SENT DIRECTLY FROM PremadeCheerleadingMusic.com STAFF!