This Premium Lease Contract is instantly active upon (“Moment of Purchase”) by and between ( purchaser(s) ) and (Xavier Santos Hernandez) Licensor warrants that it controls the mechanical rights in and to the musical work being sold to Licensee as of and prior to the Effective Date of the successful payment for this lease.
The Licensee and Licensor have agreed to the following terms:
1. Master Use. The Licensor hereby grants to Licensee a non-exclusive License to record vocal synchronization to the Composition partly or in its entirety and substantially in its original form (“Master Recording”).
2. Mechanical Rights. The Licensor hereby grants to Licensee a non-exclusive License to use Master Recording in the reproduction, duplication, manufacture, and distribution of phonograph records, cassette tapes, compact disks, internet downloads, other and miscellaneous audio and digital recordings, and any lifts and versions thereof (collectively ,”Recordings”) worldwide for up to the pressing of a total of 10,000 PROFIT copies of such Recordings or any combination of such Recordings. Additionally, Licensor shall be permitted to distribute 50,000 internet downloads for non-profit and non-commercial use.
3. Performance Rights. The Licensor hereby does grant Licensee a non-exclusive License to use the Master Recording for ONE performance, show, or concert. The Licensor ( Xavier Santos Hernandez ) is also permitted to earn royalties as well as any due compensation for (past current future) ticket sales and merchandise, using the Master Recording in said performances.
4. Synchronization Rights. The Licensor hereby does not grant the Licensee a non-exclusive License to copy, perform, edit and/or loop portions of, record on film, video, digital animations, and video games (collectively or independently) or use the Master Recording in synchronization or timed relation with any production projects intended for public release and or monetization of any sort other than agreed. Examples: Tours, Concerts, Digital Albums, Etc. directly or indirectly.
5. Broadcast Rights. The Licensor hereby does grant a limited Licensee, a non-exclusive license to broadcast or air the Master Recording on any radio stations or through station channels, or revenue generating channels respectively. ( ONLY One Performance of choice Live or Radio )
6. Credit. Licensee shall acknowledge the original authorship of the Composition appropriately, reasonably and visibly in all media and performance formats by acknowledging the relevant author known as Xavier Santos in writing where possible and vocally otherwise. Where a project is commercially released and registered with a performance rights organisation, Licensor shall be acknowledged as a Writer. (Current BMI Member With Copyrights Spanning From 2008 to 2017).
7. Sampling. The Licensee agrees that the Composition is purchased as a “No Fault” whereby the clearing of any sampled materials is the responsibility of Licensee (Purchaser).
8. Compensation. Payment for this License is non-refundable. If the Licensee fails to account to the Licensor, timely and complete the payments provided for hereunder, the Licensor shall have the right to terminate this License upon written notice to the Licensee. Such termination shall render the recording, manufacture and/or distribution of Recordings for which monies have not been paid subject to and actionable as infringements under applicable law (US Copyright Act of 1976).
9. Term. Executed by the Licensor and the Licensee, this License agreement is to be effective as for all purposes as of the Effective Date and shall not expire. In the event that an exclusive license is sold by Licensor to the Composition, the terms of this agreement shall be upheld.
10. Indemnification. Licensee agrees to indemnify and hold Licensor harmless from and against any and all claims, losses, damages, costs, and expenses, including, without limitation, reasonable attorneys’ fees, arising out of or resulting from a claimed breach of any of Licensee’s representations, warranties or agreements hereunder from the purchase of a lease.
11. Miscellaneous. This License is non-transferable and is limited to the Composition specified, constitutes the entire agreement between the Licensor and the Licensee relating to the Composition, and shall be binding upon both Licensor and Licensee and their respective successors, assigns, and legal representatives.
12. Governing Law. This License is governed by and shall be construed under the laws of (United States of America), without regard to the conflicts of laws and principles thereof.
The receiver of this premium lease contract acknowledges this contract takes place instantaneously. This means at the moment of payment and although we do offer written contracts it is not necessary and there for is being waived.
Any violations of this Premium Lease Contract is an infringement, US Copyright Act of 1976. Legal actions will be pursued.
- Xavier Santos Productions
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