1. DEFINITIONS. The term Owner means Lorenzo Tempesti, born in Gemona del Friuli (UD) - Italy on 10th April 1979 and resident in Udine (UD) - Italy - via Quarto 49/17.
The term Licensee means LICENSEE_DATA
The term Site means the website www.bestproductionmusic.com
The term Business means the business named PRODUCTION_NAME managed by the Licensee.
The term SIAE means Società Italiana degli Autori ed Editori, the Italian copyright collecting agency.
The term Recording means an audio recording owned by the Owner.
The term Recordings means the audio recordings which contain the following musical compositions:
TRACK_LIST
A more detailed list of the identification data related to these Recordings is given in Annex A.
2. PARTIES OF THIS AGREEMENT. The parties of this contract are the Owner and the Licensee.
3. LICENSE GRANT. The Owner declares to be the sole owner of copyright and related rights of the compositions contained in the Recordings, without prejudice to SIAE, through which the copyright is exclusively administered in name of the Owner. The compositions of which the Owner is not the composer are in the public domain regarding the copyright stricto sensu.
The Owner declares to be the producer and sole owner of rights on the Recordings.
The ownership of the Recordings is not transferred to the Licensee. The Owner grants to the Licensee a license for the uses listed in the following paragraph 4. This license concerns only the rights regarding the musical production and the musical perfomance included in the Recordings, and not the copyright stricto sensu of the compositions written by the Owner, which is managed through SIAE. Therefore, in the cases where the law requires that, a further license from SIAE or its local representative is required to use the compositions which are composed by the Owner.
4. AUTHORIZATIONS. The Owner, as the producer of the musical compositions contained in the Recordings and as the sole author in the case he is also the composer of the Recordings, authorizes the Licensee to:
a. modify the Recordings by any means, in order to adapt them to the purposes of their use. In any case, the parties agree that the Owner will remain the sole rights holder for the Recordings (without prejudice to SIAE);
b. play the Recordings in the premises of the Business with any kind of means
5. FEE. This license is granted free of charge, with the following exceptions.
In the case that the download is made available only through paid download services, the Licensee will pay the cost of downloading for private and personal use.
Copyright fees requested by SIAE may apply to some of the uses. The Owner renounces to other different future royalties for the production and performer rights regarding the uses inclued in this license.
6. LIABILITY DISCLAIMER AND WARRANTY LIMITATION. The Recordings are provided AS THEY ARE, without warranties of any sort by the Owner. THE OWNER IS NOT PROSECUTABLE FOR ANY LOSS OF PROFIT USE, BUSINESS INTERRUPTION, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, DERIVED FROM THE USE OF THE RECORDINGS.
7. WORKING COPIES. Without prejudice to different law provisions, the Licensee may make copies of the Recordings, in order to protect them from damage, or for reasons connected to a simpler user of the Recordings. All copies of the Recordings made by the Licensee are subject to the terms and restrictions set in this contract and in particular can not be licensed, rented or leased, sold or otherwise shared or distributed.
8. RESTRICTIONS. The Licensee is prohibited from granting licenses, renting, leasing, selling or otherwise transferring, sharing, distributing or using the Recordings except in the previously listed ways. The duplication of the Recordings is authorised only for the purposes listed in paragraph 7. Any other form of distribution of the Recordings and their playing outside the Business premises is prohibited.
9. MENTIONS. For this type of license, no mention obligation is provided.
10. PUBLICATION NOTICE.
For this type of license, no notice obligation is provided.
11. CUE SHEETS AND METADATA
The Licensee agrees to request and carefully complete the music reports (cue sheets) relating to playing the Recordings, in accordance with the data set out in Annex A, or in any case to communicate said data to the persons responsible for filling in the necessary metadata. In case of missing, incorrect or incomplete compilation or provision of data, the Licensee will be held directly responsible for any lost revenue, which will be forced to refund to the Owner.
12. LICENSEE OBLIGATIONS TOWARDS THIRD PARTIES. The Licensee agrees to make every effort to ensure that its employees, consultants or agents, who have access to the Recordings, comply with the terms of this contract. If the Licensee learns that the Recordings are used by the aforementioned persons not in accordance with the provisions of this contract, he must immediately arrange for such unauthorized use to cease without delay. The Licensee agrees to make this contract known, with the exclusion of the economic part, to buyers and users, in any form, of the Production.
13. LIABILITY FOR THIRD PARTY FACTS. The Recordings are covered by copyright and other reserved rights. The Licensee may be held directly responsible by the Owner for acts, made directly or through third parties, concerning the use of the Recordings which are not permitted by this contract or contrary to the provisions of the law in force.
14. NOT PERMITTED USE, REVOCATION OF LICENSE, DAMAGE. If the Licensee fails to comply with the terms and conditions contained in this contract or the law in force, the license will automatically be revoked without the need for communication between the Parties. In this case, the Licensee will be required to immediately delete the Recordings in its possession and all work copies. Furthermore, the Licensee must immediately refund the Owner for any damage.
15. CONTRACT SIGNATURE. This contract is intended as electronically signed by the Licensee by selecting the Yes checkbox on the page of the Site containing this license agreement.
This contract is intended as signed by the Owner by sending the signed text to the Licensee, also by e-mail to the address specified by the Licensee when registering on the Site. Before this act, the contract is not finalized and therefore the Owner has the right to interrupt the negotiation at any time, without having to give any notice to the Licensee.
16. DURATION. The license grant has an unlimited duration starting from the date of signature of the contract by the Owner, according to the methods set out in paragraph 15 and without prejudice to the withdrawal rights in paragraphs 17 and 18 below.
17. WITHDRAWAL BY THE LICENSEE. The Licensee has the right to withdraw from this contract if he decides that he no longer wants to play the Recordings in his Business. In this case, the Licensee may communicate his withdrawal by e-mail to lorenzo@suonimusicaidee.it or by registered letter addressed to: LORENZO TEMPESTI - VIA QUARTO 49/17 - 33100 UDINE - ITALY, specifying the playing end date.
18. WITHDRAWAL BY THE OWNER. The Owner has the right to withdraw from this contract in the case referred to in paragraph 14 above, and also if his membership at the SIAE ceases. In this case, the Owner must communicate his withdrawal by e-mail to the Licensee's address as communicated to the Owner through the registration functions of the Site.
19. APPLICABLE LAW. This contract is subject to Italian and international law. In the event of legal action resulting in the proven failure to comply with the terms of this contract, it will be up to the resulting losing party to bear all legal fees.
20. REGISTRATION OF THE CONTRACT. This contract is subject to registration only in case of use.
21. JURISDICTION. For any dispute arising in connection with the interpretation and application of this contract, the implicated Part will be sued in its country of residence.
22. ANNEXES. Annexes A and B are an integral part of this contract.
For this type of license there are no mention obligations.
Last revision (3.1Ne) of this document: 15/09/2018