Sound Refraktions
The terms and conditions governing the licensing agreement with Sound Refraktions are formalized within a PDF document, attached to the purchase of each album available in the catalog. Find below the full text of our Standard Music Licensing Agreement.
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This Agreement (“Agreement”) is between the Purchaser (“Licensee”) of the Musical Work purchased from Sound Refraktions Music Library and Andrea Bellina (“Licensor”) (collectively, the “Parties”), and includes the following terms and conditions:
- Licensee has agreed to pay upfront a licensing fee to Licensor (“Payment”) in exchange for this Agreement;
- The invoice for the track purchased and its relevant information (Musical Works Title, Date of Purchase) are entirely part of this License Agreement;
- Licensor agrees to grant Licensee a non-exclusive, royalty free, worldwide, unlimited, perpetual license to reproduce, copy, create derivative works and synchronize the Musical Work to Licensee’s project for distribution in all mediums including but not limited to web, broadcast tv, pay per view, pay on demand, and live events (“License”). The Musical Work includes one sound recording (“Master”) and, if applicable, futher derivative and ancillary edits, cuts and/or stems;
- Licensor has the legal capacity and authority to enter into this Agreement, is the sole and exclusive owner of the Content, has the right to grant all of the license rights contemplated to be provided under this Agreement, and has not granted any rights or licenses to any Content or any other intellectual property or technology that would conflict with this Agreement. Licensor agrees to defend and hold Licensee and its affiliates, directors, officers, employees, shareholders, agents and licensees of Content (“Licensee Party”) harmless from and against any and all claims, liability, losses, costs and expenses (including reasonable legal fees on a solicitor and client basis) incurred by any Licensee Party as a result of or in connection with: (i) any breach by Licensor of this Agreement; or (ii) any claim threatened or asserted against any Licensee Party to the extent such claim is based upon a contention that any of the Content used within the scope of this Agreement infringes any copyrights, trade secrets, trademarks, right of privacy or publicity, or other intellectual property rights of any third party. Should Licensee reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by Licensor, Licensor agrees to cooperate with Licensee’s defense of such claim;
- The Content has not been obtained in any unlawful manner, whether civil or criminal, and is not subject to any applicable accreditation terms or access condition that might be breached by the Content being used by Licensee, its customers or distributors as contemplated under this Agreement;
- This License Agreement sets forth the entire agreement and understanding between the Parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, if any, whether oral or written pertaining thereto. This License Agreement may not be changed or modified, or any covenant, representation, warranty or provision hereof waived, except by an agreement in writing, signed by the party against whom enforcement of the change, modification or waiver is sought, and not otherwise. This Agreement is binding for the Parties, their successors and assigns;
- The validity, interpretation and legal effect of this agreement shall be governed by European and Italian Laws relevant to pertaining subjects. The Parties agree that the State and Courts located in Milan, Italy shall have the exclusive jurisdiction over claims or disputes arising under or otherwise in connection with this agreement, and the Parties hereby submit the jurisdiction of such courts.