1. SUBJECT OF THE AGREEMENT
The LICENSOR “PRIOR MUSICA” ( the owner of Soundsberry.com) grants the LICENSEE (one time client or subscribed client) a non-exclusive license to use the phonogram provided on a website Soundsberry.com under the conditions provided for in this Agreement.
The LICENSEE undertakes to pay the LICENSOR the remuneration buying a subscription or paying a stated amount for single purchase on the website.
2. PHONOGRAM INFORMATION
Phonograms were made by the initiative and responsibility of the PHONOGRAM Producer UAB Prior Musica, his organisational efforts, etc. investments and its international partners, who are represented by Prior Musica in Baltic Countries ( Lithuania, Latvia, Estonia).
All phonograms are protected by and subject to Lithuanian Copyright and Neighbouring rights Law as well as international Bern Convention.
This license is non-exclusive and Soundsberry.com retains the right to sell licenses of the Recording to third parties at its sole discretion.
3. SCOPE OF LICENSE
All Licenses granted to Licensee are non – exclusive.
3.1 A “Personal Music License” grants the following rights and entitlements:
To synchronise Recordings in timed relation with a Production distributed via, or otherwise made available, or hosted via:
a) Social Media Platforms;
b) Personal Websites;
c) Video Sharing Platforms provided such distribution is for Personal Use only;
d) Podcast Distribution Platforms, but solely in respect of audio-only Productions, in the nature of a podcast;
e) At School/Student/Studies Projects
A “Commercial licence” grants the same rights as under the Personal License but used for commercial purposes and includes a non-exclusive right to use the recordings for Broadcasting productions – Entertainment, TV shows, radio shows etc., distributed via:
a) Television, in a Baltic Countries ( Lithuania, Latvia, Estonia), provided that any distribution of an Entertainment Production via Television must be further reported to Collective administration organisations ( both author’s and neighbouring rights)
b) Radio, in a Baltic Countries ( Lithuania, Latvia, Estonia), must be further reported to Collective administration organisations ( both author’s and neighbouring rights)
c) physical point of sale locations, trade shows, in-store displays, and industrial events, provided in all cases such use is restricted to a single country;
d) computer software applications (including mobile applications, or “apps”, and video games), but not to exceed 1000 copies or downloads (in aggregate).
3.2. The license is granted in a territories of three Baltic countries (Lithuania Latvia and Estonia).
3.3. Soundsberry.com must appear on any possible credit information section where licensed tracks are used.
3.4. LIMITATIONS OF USE. None of these licenses covers the right to use the music in international/global marketing campaigns, films, TV/Film series or documentaries. For such usage of the tracks the additional tailored license is required.
The licensee has no right to:
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sell, transfer, sublicense, share, give away or otherwise assign the Recordings or your rights granted hereunder to any other party.
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resell the Recording (or otherwise make it available) in any manner that would enable a third party to download the Recording as a separate file, such as in e-card templates or website templates.
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resell the Recording by itself or as part of a package except solely as embodied within your Production.
resell the Recording (or otherwise make it available) as part of any competing product such as music compilation or music library.
4. REMUNERATION
4.1. Soundsberry.com ensures correct royaltie’s distribution to all creators involved in music creation, provided on the platform and represented by Prior Musica/Soundsberry.
4.2. Collectively administered remuneration for the use of the PHONOGRAPH (mechanical reproduction, public performance, broadcasting, rebroadcasting, etc. publication, reproduction for personal purposes, other collectively administered rights) rights granted for the license, paid to the LICENSOR.
