Terms & Conditions
This license agreement is between:-
Noel O’Reilly, trading as normusic.co.uk, and the user of normusic.co.uk.
In this Agreement:-
“normusic.co.uk” means the sole copyright owner and composer Noel O’Reilly.
“License” means the license granted as per clause 2.1.1
“Music” means the music specified in clause 1.
“user” means the customer who downloads or purchases a license through normusic.co.uk
“Project” means the intended use of the music by the user which is specified in clause 1
“Site” means the website www.normusic.co.uk
IT IS AGREED THAT:
1. THE MUSIC
Any music download/license agreement by the user is as subject to the following agreement and that the number of copies made should not exceed that as stated on the invoice. By purchasing/licensing any music from normusic.co.uk, you are accepting this agreement in full.
2. THE LICENCE
2.1 Scope of License.
2.1.1 normusic.co.uk hereby grants the user a non-exclusive license to use the music for the purposes of the specified project only in accordance with the terms of this agreement.
2.1.2 The license permits the user the right to use such number of copies of the music as specified in clause 1.
2.1.3 The user has the right to go back to normusic.co.uk at a later date, or contact the company directly and pay for the right to make additional copies of the music which will be subject to the terms of this agreement and the license.
2.2 Uses of the license
2.2.1 The user can use the music for the purposes of synchronization with media/audio visual production in non-broadcast media which includes but is not limited to: website sound design (streaming only), podcasts, games, electronic devices, software applications, corporate video, multimedia CD/DVD ROM, student films, presentations, audio books, on-hold music, hardware and software products, viral advertising, youtube and social networks. If you require the music for a use that is not mentioned in this list, or you are unsure, then please contact firstname.lastname@example.org for further information.
2.2.2 The user may use portions of the track and edit and/or loop each such portion to extend its length for creative, technical or timing purposes.
2.2.3 Provided the user synchronizes the music with another media product and has paid for every copy they can use the music for whatever purpose specified as the project subject to clause 2.3
2.2.4 The license does cover use of music in TV and Radio broadcasts. Please contact email@example.com for further information and permission for use in broadcast projects.
2.2.5 The user may use the music in cinematic or theatrical productions, but in the case of a major release or production normusic.co.uk retains the right to negotiate a higher licensing fee. Performance royalties may be due through collecting societies. Major releases are considered to be commercially released films/productions where there are paying audiences.
2.3 Limitations of the license
2.3.1 The license may not be used to:
(a) Sell the music on its own for purposes of commercial sale.
(b) Make the music available to multiple computers over a network system.
(c) Distribute copies of the music or accompanying materials to others unless synchronized as specified in the project
(d) Sample, modify, adapt, translate, reverse, engineer, decompile, disassemble or create derivative works based on the music or its accompanying printed or written materials.
(e) Redistribute in automated web templates.
(f) Alter, sample or embellish the music with intent to claim authorship.
(g) Enter into any uses encouraging or associated with illegal or illicit activities
2.3.2 Save as permitted by clause 2.1 the registered user does not have the right to duplicate or copy the music over and above the number of copies purchased. The registered user must purchase the right to make additional copies required directly from normusic.co.uk which it must then use in synchronization with the project.
2.3.3 The music may not be given or sold onto third parties in any format whatsoever other than as authorized hereunder.
2.3.4 No peer to peer.
The territory covered by the license is the world.
The license is granted on a non-exclusive basis.
3.1 License fee
In consideration of the license the user will pay normusic.co.uk the fee set out above which is calculated according to the length of the music selected, and the mount of copies required. The fee will increase in the event the registered user wishes to purchase additional copies of the music.
4. HOW THE SHOP WORKS
4.1. You may listen to examples of the tracks on the audio page, or on a link on each song in the shop.
4.2. Once you have chosen your music, enter the music store via the links on each page.
4.3. Chose your piece of music via the categories section on the left hand side
4.4. Choose the appropriate license according to the amount of copies you will need. If over 1000 copies, then the price in the top right hand corner (the cost for 1000 copies) will be added to the cost associated with the amount of copies you require.
4.5. Once you go to checkout, you will be asked to log in to your account or create a new account, or you can choose the “cash on delivery” option.
4.6. You will then be prompted to pay via paypal. Your order will be acknowledged as soon as is possible.
4.7. “Cash on Delivery” will result in an invoice, giving 30 days to pay.
4.8. It is essential that you give the project details for the item(s) you are purchasing. If the music is for broadcast purposes, then please contact firstname.lastname@example.org for more information.
4.9. Your music will be accessible via your account page / downloads within 2 to 5 working days.
5.1.1 The user will only use the music for the project specified in this agreement.
5.1.2 The user will facilitate inspection of the project by normusic.co.uk and will indemnify the company in the event that it becomes apparent from inspection that the registered user has breached the terms of the license.
5.1.3. Where possible, the user must ensure that normusic.co.uk is credited with composing the sound track to the project.
6. COMPANY WARRANTIES
normusic.co.uk has the authority to enter into this agreement.
6.2 Rights granted
normusic.co.uk warrants that it has the right to grant the rights in clause 2 which form the basis of the license.
7. REGISTERED USER WARRANTIES
7.1.1 The user will not make any material changes to the music resulting in the music being beyond recognition.
7.1.2 The user will not claim authorship of the music following any necessary alterations to the music for the project.
7.2 Moral Rights
7.2.1 Any changes to the music by the user will not be to the extent that they infringe normusic.co.uk’s right not to have the music subjected to derogatory treatment. The treatment of the work is derogatory if it amounts to sampling, distortion or mutilation of the work or is otherwise prejudicial to the honor or reputation of the copyright owner.
8. INTELLECTUAL PROPERTY RIGHTS
Neither this agreement nor the license confers on the user any right to ownership of any intellectual property rights in the music or any other material associated with the music which is on normusic.co.uk. Ownership of copyright is not assigned to the user, and remains with normusic.co.uk.
9. TERM AND TERMINATION
The license will continue until the date the copyright expires in the music subject, or where the license is for a limited time, therefore renewable as agreed with the end user, on a individual contract as per the invoice terms and conditions.
9.2.1 normusic.co.uk has the right to terminate this agreement and the license if the user breaches any terms of the license. This includes a breach of warranties and obligations of the registered user.
9.2.2 In the event that normusic.co.uk becomes aware of any infringements in connection with the music, the user will be notified, and the license will terminate. Reimbursements of the license fee will be at the discretion of normusic.co.uk.
The user may not assign, sub-license or sub-contract any of its rights under the agreement to a third party without prior written consent from normusic.co.uk.
11. INJURY, EQUIPMENT DAMAGE, ERRORS AND VIRUSES.
11.1.1. Playing music at excessive volumes may cause permanent and irreparable damage to hearing. normusic.co.uk cannot be held responsible for any such injury or damage resulting from material downloaded from the website.
11.2. Equipment damage.
11.2.1. normusic.co.uk cannot be held responsible for damage to any equipment, hardware or software arising from the use of any music, or any type of downloaded file from normusic.co.uk.
11.3. Errors and viruses.
11.3.1. normusic.co.uk will make every effort to correct any errors and/or omissions as quickly as is possible after being notified of them. However there may be times when obvious errors occur. Normusic.co.uk cannot therefore make any warranty that this site is free from infection by viruses or anything else that has contaminating or destructive properties.
12. THE WEBSITE
12.1. Personal Information.
All personal information submitted via normusic.co.uk is held on a server and is encrypted and password protected.
No personal information submitted to the web site will be passed on to any third parties for alternative use.
To ensure the highest level of security, normusic.co.uk uses the paypal system of payment. Details can be found at www.paypal.co.uk. Payment of invoices can also be by credit to my bank account or by cheque as detailed on the invoice.
13. SMALL PRINT
Each party irrevocably agrees to submit to the exclusive jurisdiction of the courts of England and Wales over any claim or matter arising under or in connection with this agreement or the legal relationships established by this agreement.
13.2 Entire Agreement
This agreement constitutes the entire agreement and understanding of the parties.
If any provision of this agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this agreement which shall remain in full force and effect.
No variation of this agreement shall be valid unless it is in writing and signed by or on behalf of each of the parties.
13.5 Clause Headings
The headings to the clauses are for convenience only and are not to be taken into account in the interpretation of any part of this agreement.
All refunds are at the discretion of normusic.co.uk