Exclusive
Beat Agreement ( continued )
Licensing Agreement:
2. Public Performance of the Music
(a) Licensee or a customer of Licensee shall have the worldwide,
exclusive, non-assignable, non-divisible right to perform the
Music publicly for non-broadcast purposes (including "message-on-hold"
or "advertising-on-hold" applications transmitted via
telephone systems including theatrical motion pictures and full
length direct to video motion pictures when the Music is combined
with other audio and/or visual elements added by Licensee and
where the Music is not a featured part of any such presentation
but rather an incidental or background element.
(b) If Licensee's use is an audio-visual use which is broadcast
over television, radio, cable, satellite or similar medium, then
Licensee agrees to exercise reasonable care to make such broadcast
information available to Licensor so that Licensor can arrange
to collect its performance fees on the Music from the performing
rights society with which Licensor is affiliated.
3. Licensor warrants that: it is the holder of the copyright
in the Music and/or has contracted the rights to the Music, it
has full power and authority to enter into this License and to
grant Licensee the permission accorded under this License.
4. While Licensee by this License acquires the physical property
embodying the Music (media) and the license to use the Music as
described in this License, Licensee does not acquire any ownership
rights in the Music or its underlying copyrights
5. If the Licensee does not comply with the terms of this license,
or fails to pay for the license of the music, all rights granted
to Licensee shall terminate, and Da Beatclappaz reserves the right
to any other remedy available by law.