Licensing Terms


TERMS AND CONDITIONS OF MUSIC OR SOUND EFFECTS CDs, LICENSES AND AGREEMENTS

WITH THE FULL PAYMENT OF RELATED INVOICES WHICH ACT AS A SIGNATURE BY THE CUSTOMER; THOMAS J. VALENTINO INC. ("VALENTINO") HEREBY GRANTS TO THE CUSTOMER ("LICENSEE") THE FOLLOWING:

VALENTINO hereby grants to LICENSEE the non-exclusive right to use on a worldwide basis the musical themes indicated on the front of related invoices for the specific purposes as listed and no others.

This license shall only be valid upon the full and prompt payment of the fees indicated on the front of related invoices. Any use of VALENTINO music without full payment of respective invoices for such uses shall be construed as copyright infringement and VALENTINO reserves the right to prosecute for such penalties as permitted under TITLE 17 of the U.S. CODE.

VALENTINO does hereby represent and warrant that it is the owner of the musical copyrights and sound recordings of all music and sound selections contained on the compact discs under the companies THOMAS J. VALENTINO INC. (ASCAP) or R.F.T. MUSIC PUBLISHING CORP. (BMI) and has the full power to enter into agreement and grant licenses for the use of said themes. We agree to indemnify the LICENSEE only up to the amount of the consideration paid under this invoice for any breach of warranty.

LICENSEE, by the payment of this invoice, does not assume any obligation to any artists whose work is encompassed in recordings within works indicated on the invoice.

5. As an express condition of this license, if the production(s) for which the music is used is of a broadcast Television, Radio, Cable or "pay-per-view" nature; ringtones or other internet or wireless distribution, the license does not extend to the performance of the music unless otherwise indicated and those fees must be paid separately to the respective performance rights organizations of the country of the LICENSEE.

6. With respect to compact disc recordings, audio or video cassettes, CD-ROM products or any other programs or distribution made for sale to consumers, it is a requirement of this license that proper credit be made to VALENTINO in the form of a copyright notice on such, or on its label or container. Royalty-free music or sound effects product produced by VALENTINO extends only to non-broadcast, industrial or educational single end-use programs and non-commercial use of the music or sound effects and not to broadcast, feature film, re-sale use in any format, or distribution in any other format such as ringtones or wireless applications. Licenses are required for any uses of these types. Contact VALENTINO for specific details.

7. VALENTINO Sound Effects CDs are sold with the understanding that you may synchronize selected sounds directly into end-use productions by the purchaser from the original CD without further payment. The use of VALENTINO Sound Effects in a networked or multi-user environment from servers for use or sale by more than two workstations or client users is not authorized unless you have obtained permission in the form of a Sound Effects Multi-User Environment License from VALENTINO. Any purchases of VALENTINO Sound Effects from servers of resellers of VALENTINO Sound Effects also require the purchase of the related Sound Effects CDs from VALENTINO by the end users. Sound Effects from VALENTINO Sound Effects CDs are not to be re-sold in any format as individual sound effects or as a sound effects library without a written distribution and royalty agreement from VALENTINO.

8. It is the essence of this license or agreement, that no copies of the copyrights owned by VALENTINO shall be made or used in any way or for any purpose other than provided for as noted by this invoice.

9. The LICENSEE copy of this invoice shall be construed to be the music license or agreement, if such and be effective and binding upon the parties at such times that the themes covered hereunder are used by the LICENSEE and payment of the fees specified under the invoice have been received by VALENTINO.