III. GRANT OF AUTHORITY
Licensor hereby authorizes the non-exclusive use of the following Original Arrangement(s):
Song Titles Writer(s) Catalogue Numbers
Goodbye Time Roger Murrah,
James Dean Hicks BP-196-02
She Believes In Me Steve Gibbs BP-239-03
Don’t Close Your Eyes McDill BP-144-02
I Wonder Do You Think Of Me Sanger, Shafer BP-144-03
She’s Got A Single Thing In Mind Aldrigde BP-132-07
A. WARRANTIES FOR ORIGINAL ARRANGEMENTS
1. Licensee understands that this Agreement authorizes Licensee’s use of Licensor’s Original Arrangement of songs as to which entities or individuals other than Licensor also own and control intellectual property rights, including but not limited to: mechanical, broadcast, performance, and synchronization rights in the composition and reprint rights in the lyrics. Licensee understands these separately owned and controlled rights must be licensed from third parties not affiliated with Licensor and not a party to this Agreement.
2. Licensee warrants that Licensee will obtain all necessary licensing for Licensee’s use of the underlying musical and lyrical works from the third parties who own and control such rights to the Original Arrangements. Licensee will pay or cause to be paid directly to the proprietors of these copyrights or to their authorized agents all required licensing fees. Licensee agrees to hold harmless and to indemnify Licensor from any and all of Licensee’s failures to secure or pay said licenses to third parties.
3. Licensee understands that this Agreement in no way transfers any intellectual property rights to Licensee, other than a non-exclusive license to use. Licensee further understands, agrees, and warrants that this Agreement in no way grants to Licensee the right to sublicense any portion of any Original Arrangement(s), and that any third parties subsequently licensing any derivative works embodying said Original Arrangement(s) from Licensee must separately license those Original Arrangement(s) from Licensor. Licensee warrants that Licensee will not misrepresent his ability or authority to enter into any such sublicensing arrangements to any third parties.
1. Licensor hereby grants to Licensee permission to manufacture, distribute and sell within the Territory compact discs of the Original Arrangements.
2. Licensor hereby grants to Licensee the non-exclusive right to exhibit, transmit, publicly perform and publicly display via Internet Streaming and Broadband Licensor’s Original Arrangements.
IV. PAYMENT OF USE FEES
1. Licensee agrees to pay Licensor a seventy-five dollar ($75.00) advance against any fees subsequently due hereunder within five (5) business days of execution of this Agreement.
2. After the initial fifty copies are distributed, Licensee shall pay to Licensor:
Nine cents ($0.09) per copy, for each and every copy of the Original Arrangements sold or distributed by Licensee via CD,
3. At any time within three (3) years after any fee statement or payment is due hereunder, Licensor shall have the right to audit, without reservation, Licensee’s books and records. Such audit:
(a) shall only be conducted after at least thirty (30) days written notice to Licensee,
(b) shall be commenced at a mutually convenient time, and
(c) shall be conducted at Licensor’s sole cost and expense
Such examination shall be made during Licensee’s usual business hours at the place (located within the Continental United States) where Licensee maintains the books and records that relate to the royalties payable hereunder and that are necessary to verify the accuracy of the royalty statements specified in Licensor’s notice to Licensee, and Licensor’s examination shall be limited to the foregoing. Licensor’s sole right to inspect Licensee’s books and records shall be as set forth in this paragraph. Licensee shall have no obligation to make available any such books and records more than once with respect to each royalty statement hereunder, or more than once during any calendar year.
A. Correspondence. All notices and correspondence shall be to the following respective addresses.
To Licensor: ProSound Music Inc
ATTN: Mrs. Laticia Garces
2710 Thomes Ave. Ste. 774
Cheyenne, WY 82001-3029
To Licensee: Nathan Hunt
7193 Mountain Road
Oxford, NC 27565