playSAFE Library Music End-User License Agreement
The End-user agrees to subscribe playSAFE to select, purchase licenses and use music tracks selected by the End-user in accordance with the terms and conditions below.
1. Access to playSAFE
1.1. Musicpreneur agrees to provide sufficient means to access, as it thinks fit, for the End-user to access playSAFE, from the date of commencement of any package subscribed until the expiry of such package pursuant to Clause 1.3 of this Agreement.
1.2. Musicpreneur agrees to provide a list of original music tracks composed by Musicpreneur’s appointed composers vide playSAFE for the End-user who has been provided means to access playSAFE. The list of original music tracks will be refreshed and updated by Musicpreneur from time to time and Musicpreneur may add or remove music tracks at its sole discretion.
1.3. The End-user who wishes to use a music track which is available on playSAFE (‘selected music track’) must purchase a license. Musicpreneur shall grant the End-user a license of use the selected music track (‘license to use’) provided that the End-user has settled the license fee.
1.4.1. to play and listen to the selected music track, wholly or partially, in public at anytime and anywhere;
1.4.2. to use and reproduce the selected music track, wholly or partially, in any production, including but not limited to, videos, presentations, advertisements, animation, films, and radio drama;
1.4.3. to re-record, duplicate and release the selected music track, wholly or partially, as part of a production in any medium necessary, including but not limited to, video tape, firm, CDs, DVDs, and/or any other electronic, magnetic mechanical or other devices. If the music track was used in any software such as video game application or other software, the music track will be embedded in the said video game or software with the intention that any end user of such video game or software is unable to extract the music track from the video game or software;
1.4.4. to use the selected music track, wholly or partially, as a soundtrack which will be merged and played together with visual images as part of a production; and
1.4.5. to use the selected music track, wholly and partially, as part of a public viewing or broadcast of a production with up to 10 millions audience size (including but not limited to, television shows, videos, CDs, DVD, websites, podcasts, multimedia presentations, and/or films).
1.5. Every license to use a selected music track shall not give the End-user rights:
1.5.1. to claim authorship and/or ownership of the selected music track. The ownership and copyright of the selected music track shall always remain with Musicpreneur;
1.5.2. to transfer, share, let, or sub-lease the license to use to any party;
1.5.3. to copy or duplicate the music track, wholly or partially, except for the production stated in Clause 1.4 above; and
1.5.4. To resell, trade, or exploit for profit the music track, wholly or partially, as part of other music and/or audio-related collections, to any other individual or party provided that the music track is sold as part of a production which itself could be regarded as a clear and distinct product.
1.6. Every license to use on a selected music track shall remain valid so far as the copyright in the selected music track subsist under the law.
1.7. The End-user acknowledges and agrees that Musicpreneur may grant license to use of any music track in playSAFE to multiple parties and/or End-users.
2. Duration of this Agreement, termination and replacements
2.1. Should the End-user fail to abide to terms as stated in clause 1.4 & 1.5 above, Musicpreneur shall have rights:
2.1.1. not to grant the license to use the selected music track;
2.1.2. to prevent the End-user from accessing playSAFE;
2.1.3. to terminate this Agreement; and
2.1.4. to seek for any legal remedies, monetary or otherwise, against the End-user. And the End-user undertakes to indemnify Musicpreneur for all losses suffered.
2.2. For avoidance of doubt, the termination of this Agreement pursuant to Clauses 2.1 and 2.1.3 of this Agreement shall not affect all licenses to use which has been validly granted by Musicpreneur to the End-user pursuant to this Agreement.
2.3. Parties agree that if any of the following events occurred:
2.3.1. Musicpreneur receives any complaint from a third party relating to issues on a selected music track; or
2.3.2. Musicpreneur receives from a third party any letter, notice, claim and/or summons relating to a selected music track,
Then, subject to the merits of such event(s), and in light of Musicpreneur’s rights in this Agreement, Musicpreneur may replace the selected music track, in which the license fee of the said selected music track has been settled, with any music track available on playSAFE, free of charge and thereafter neither party shall have any claim whatsoever against the other.
3.1. All details of this Agreement shall be taken read and construed as an essential and integral part of this Agreement.
3.2. Any supplements and/or amendments to this Agreement must be made and agreed and signed by both parties. (to be updated through email)
3.3. This Agreement shall be governed by the laws of Malaysia and the parties hereby submit to the non-exclusive jurisdiction of the courts in Malaysia.
3.4. The headings and numbering of this Agreement are inserted for convenient reference only any are not to be taken as part of this Agreement or to control or affect the meaning, construction of effect of this Agreement.
3.5. This Agreement and all of its terms shall be and remain confidential, and neither party shall disclose to any third party the terms of this Agreement except as required by law or as agreed between both parties
3.6. The expressions “party” and “parties” means the parties to this Agreement and includes their lawful successor and assigns.
3.7. Words in the singular number only shall include the plural number and vice versa.
3.8. Any term, condition, stipulation, provision, covenant, or undertaking in this Agreement which is illegal, void, prohibited or unenforceable shall be ineffective to the extent of such illegality, voidness, prohibition or unenforceability without invalidating the remaining provisions hereof, and any such illegality, voidness, prohibition or unenforceability shall not invalidate or render illegal, void or unenforceable any other term, condition, stipulation, provision, covenant or undertaking in this Agreement.
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