Mobile App

Music License for Mobile App

1. Background
This music license pertains to the audio from Brainwave Music as AS (“Licensor”) in ONE mobile app, which has been purchased by the customer (“Licensee”) specified in this license obtained upon purchase of the audio plus license. This license will only apply to the music track (“Licensed Material”) that was purchased together with this license (as can be in seen in the confirmation received with this order).

2. Scope of license
Licensor hereby grants Licensee a limited, non-exclusive, non-transferrable license (“License”) to use the Licensed Material as described in this document. Any other use of the Licensed Material than set out in this document will be construed as breach of contract. Licensee must purchase a new license for other use of the Licensed Material than described herein.

The License is valid worldwide and has no geographical limitations.

The license period is for perpetuity.

3. Permitted Use
With this license, Licensee can use the Licensed Material as background music a SINGLE mobile app.

The licensed material can be streamed or downloaded for offline use by an unlimited number of users. The licensee must protect the media files from being accessed from outside of the mobile application. The music must only be accessible from within the app. If any user can access the media from outside the main function of the application, this will be considered a breach of contract.

No individual tracks can be sold from within the application – However, they may be accessible either as a Free option, or via a paid subscription.

4. Title and credits
The title of the Final Product cannot contain Licensor’s name (“Brainwave Music”), the name of the composer (“Kurt Attard”) nor the name of the music used in the background.

Both the Licensor and the composer, Kurt Attard, must be mentioned in the credits. The credits can for instance be written like this: “Music (“insert track”) by Kurt Attard, licensed by Brainwave Music.” A link to www.brainwavemusic.com is not mandatory, but would be appreciated.

5. Copyright Protection
In order to protect the copyright of the music above and prevent fraudulent actors from taking advantage of the musical work, Licensor must undertake measures to ensure that the intellectual property of the music is protected. This includes, but is not limited to, having registered the music in YouTube’s Content ID system.

If the Final Product is distributed as a YouTube video, Licensee must understand that an automatic copyright claim might be filed via YouTube due to the audio already being present in the Youtube system. Licensee should dispute this automatic claim on YouTube and the claim will then be released as soon as possible, however if another Third Party has made the claim you will need to make that claim with them. Note that YouTube holds the earnings from the video in escrow during this period and Licensee should not lose any earnings due to the copyright claim.

By purchasing this License, Licensee understands that the Final Product cannot under any circumstances be registered in databases meant to protect copyright holders’ rights, such as YouTube’s Content ID mentioned above. If Licensee is part of a YouTube network that uses Content ID to protect their channel’s content, it’s Licensee’s responsibility to ensure that the audio from the video is not added into the Content ID system and no claims are made against either Brainwave Music or Kurt Attard. If you use the music in a YouTube video, you must add a credit in the video description that lists the names of the tracks you used and a link to Christopher Lloyd Clarke’s personal website.

6. Warranty
Licensor warrants that it owns and controls the copyright in and to the Licensed Material.

7. Liability and indemnification
Licensor shall have no liability for any damages sustained by Licensee arising from use or inability to use the Licensed Material, including without limitation any direct, indirect, incidental, consequential damages.

Licensor shall indemnify and hold harmless the Licensee from any and all third-party claims relating to the copyright in and to the Licensed Material.

Licensee shall indemnify and hold harmless the Licensor from any and all third-party claims caused by the Licensee.

Licensor must realise that these licenses are available to other third party buyers and can in no way be held responsible for any claims or loss of revenue in regards to this audio.

8. Intellectual Property Rights
Licensor own all right, title and interest in and to the Licensed Material, including all copyright and other intellectual property rights therein. Licensor retains all copyright and title in and to the Licensed Material. Nothing in this License Agreement shall be construed as a limitation or transfer of such rights. All rights not expressly granted is reserved by Licensor.

Licensee acknowledge that Licensor’s trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of Licensor.

Licensee’s breach of Licensor’s rights under this clause shall constitute material breach. Uploading to distribution networks for release on Streaming services, such as Itunes, Google Play, or Spotify as well as for the sale and burning of Cd’s is allowed if song rights are given to Kurt Attard. Uploading to these services without giving songs right is a breach of contract and will impeach on the Copyright of Kurt Attard and Brainwave Music.

9. Limitation of rights
Licensee may not transfer, share or sub-lease the License to any other party; copy or duplicate the Licensed Material; give any other individual or third party the right to use the Licensed Material in place of the Licensee.
The Licensed Material may not be used in combination with material that is punishable, pornographic, graphically violent or derogatory towards any nationality, race, religion, political belief or sexual orientation. Using this music in any form of hate material will be a breach of contract.

10. Termination
Material breach of the License Agreement entitles Licensor to terminate Licensee’s right to use the music with immediate effect.

Upon Licensor’s termination of the License Agreement due to Licensee’s breach of terms, license fee that is already paid will not be reimbursed and any outstanding license fee falls due to immediate payment. Content that has been published using this license would need to be rescinded from whichever platform it is on.

11. Choice of law and jurisdiction
Any dispute arising from the License Agreement is governed by Australian Law and shall be settled by the City Court of Sydney.