Terms of Service:
POWER MUSIC, INC. TERMS AND CONDITIONS
Paragraph 1-5 inclusive of this document sets out the current Evaluation Terms and Conditions on which Power Music, Inc. of 132 S 600 E #203, Salt Lake City, UT 84102 (.Power.) allows prospective licensees to audition and evaluate its recordings (as defined below). Those Evaluation Terms and Conditions are subject to specific licenses that must be obtained in each and every case that prospective licensee wishes to use or produce a recording. The terms on which Power grants licenses to use or reproduce its Recordings are set out in the Standard Music Licensing Terms and Conditions in paragraphs 7 and 7 below.
HOW TO OBTAIN A RECORDING FROM POWER
To access to obtain a Recording from Power.s library you must first register by clicking http://www.powermusiclicensing.com. Once you have registered you may access and play Recordings from Power.s library for evaluation purposes only. You must also abide by the Evaluation Terms and Conditions in paragraph 1-5 (inclusive) below.
EVALUATION TERMS AND CONDITIONS
1. Evaluation License
Licensee has already received or will receive a recording (the .Recording.) containing tracks from Power.s music catalog. Power hereby grants licensee a non-exclusive and non-transferable license to audition and evaluate the contents of the Recording (.Content.) on the Evaluation Terms and Conditions in paragraphs 1-5 inclusive. In order to use any part of the Recording for any purpose outside the Evaluations Terms and Conditions, Licensee must obtain a separate and appropriate license for such purpose(s).
2. Unauthorized Uses of the Recording
2.1 Licensee agrees not to (subject to the Standard Music Licensing Terms and Conditions in paragraphs 6 and 7 below:
2.1.1 copy, disassemble, alter, amend, adapt, or in any way duplicate the Recording or any or all content;
2.1.2 give possession of the Recording and/or Content to any third party;
2.1.3 remove or alter any logo, symbols, labels, copyright or other notice on the Recording;
2.1.4 use Recording and/or Content for any purpose other than evaluation, or otherwise in any manner inconsistent with the Evaluation Terms and Conditions;
2.1.5 perform any act inconsistent with Power.s ownership of the Recording; or
2.1.6 sell or in any way make commercial gain from the Recording and/or Content
3. Intellectual Property
Licensee acknowledges Power.s ownership of the Recording, and that all copyright and intellectual property in the Recording, and in all Content, will remain in the exclusive ownership of Power. Power warrants that it is the owner or a licensee of all rights in the Content and that it is entitled to grant the Evaluation License it has granted to Licensee in paragraph 1 above according to its terms and to grant and allow the Licensee to benefit from the rights granted to Licensee in paragraph 1 above.
4. No Warranties
4.1 Power shall not be liable to any party (including Licensee) for any loss, injury, harm or damage arising from any warranties of any kind including without limitation warranties as to:
4.1.1 the results of any of the whole or any part of the Recording; or
4.1.2 the accuracy, reliability or content of any data, information, service or goods referred to in any part of the Recording.
5.1 Licensee acknowledges that it has read and understood these Evaluation Terms and Conditions.
5.2 Any use or the Recording and/or Content not specifically referred to in these Evaluation Terms and Conditions must be approved by an express written license from Power, which will incorporate the Standard Music Licensing Terms set out in paragraphs 6 and 7 of this document.
STANDARD MUSIC LICENSING TERMS AND CONDITIONS
If you wish to use the Recording in a manner not permitted by the Evaluation Terms and Conditions above you must contact Power. You must apply to Power for a license to authorize you to use a Recording in such manner.
If your application is approved, Power will send you details regarding how much you should pay for your use of Power.s Recording.
6.1 Power may at its discretion grant Licensee a License to use Recording and/or Content.
6.2 Power may alter its charges and rates for the use of its Content from time to time and these Standard Music Licensing Terms without notice to Licensee and it is Licensee.s responsibility to ensure that it keeps up to date with such changes.
6.3 Licensee may not disclose to any person or entity without the prior written permission of Power:
6.3.1 the terms of any discussions or negotiations between Power and Licensee regarding the Recording or Content no matter when such discussions or negotiations took place);
6.3.2 any rates for licensing Content offered by Power to Licensee, or any such rates that Licensee becomes aware of as a result of discussions or negotiations with Power; or
6.3.3 any provisions of a License to use the Recording or Content granted by Power (or other local representative) to Licensee.
7. License Terms
7.1.1 may not without Power.s prior written consent, translate or re-dub any or all lyrics contained in the Content;
7.1.2 May not use Content for any purpose not specifically within the scope of a License granted by Power or its agents or representatives;
7.1.3 Must provide Power, its agents or representatives (as appropriate and applicable) with full details of the use to which it intends to put any Content and comply in all respects with instructions for the use of Content that are issued to it by Power or Power.s agents or representatives;
7.1.4 Must give credit to Power for every significant use of Content in television and motion picture productions. Such credit shall be on terms to be negotiated in good faith between Power and Licensee and Power shall be entitled to determine whether any use is significant.