Music License for Student Project
1. Background
This music license pertains to the audio from Brainwave Music as AS (“Licensor”), in ONE student project for an Elementary School, High School or University 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. A single license pertains to a single performance.
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
This license allows the audio it was purchased along with to be used as background music in a single non-commercial student project. This is for class or small group projects only. It does not include school plays, theatres or performances to a large crowd.
4. Title and credits
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 brainwavemusic.com is not mandatory, but would be appreciated.
5. Modification of the music
Licensee can trim, loop, apply fading effects and make any other change to the Licensed Material in the Final Product. Licensee may use added nature sounds and other soundscapes to the guided meditation, in addition to binaural beats and isochronic tones. Singing or adding any type of extra music, instruments or midi files are not permitted.
7. Warranty
Licensor warrants that it owns and controls the copyright in and to the Licensed Material.
8. 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, and under no circumstance can the Licensor be held responsible for anything that could possibly arise.
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.
9. 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.
10. 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.
11. Termination
Any and all breaches of this License Agreement will allow the 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 deleted and removed from all platforms that it has been distributed on.
12. 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.