MusikPitch

License between musician and The Green Year, LLC.

Once The Green Year, LLC, selects the winning Music, the Green Year, LLC and Musician shall be deemed to have entered into the terms of this Exclusive License between Musician and The Green Year, LLC This License relates to the transfer of the right to use the Music created by the Musician for the Customer. In consideration of the mutual promises contained herein, and for other good and valuable consideration, the parties hereby agree as follows:

a.Upon selecting the winning Music, as the holder of the copyright, Musician wil automatically grant to The Green Year, LLC this Exclusive License to use the Music.

b.Musician’s Rights. All rights not expressly granted to The Green Year, LLC in this section are retained by Musician. 

c. Grant of Rights. Musician hereby grants this License to The Green Year, LLC and its successors and licensees and assigns the right to manufacture, sell, distribute, advertise, promote, market and exploit, and the right to use the winning Music from the Contest in any and all formats and configurations and by any and all methods now known or hereafter developed.

d.Representations and Warranties of Musician. The Musician has represented and warranted to Customer:

i.That the Music is Musicians sole, exclusive original work, or;

ii.That if multiples persons or parties wrote or composed the work, then all persons or parties have been listed as a composer on musikpitch.com and all parties have agreed to the MusikPitch User Agreement;

iii.That neither the Music nor any part thereof infringes upon the title, literary or musical property or copyright of any other work nor the statutory, common law or other rights (including rights of privacy) of any person, firm, corporation, or other entity;

iv.That Musician is the sole writer and composer and the sole owner of the Music and of all the rights, title and interest therein, except to the extent of the interest of any co-Musicians as set forth herein;

v.That Musician has not sold, assigned, transferred, hypothecated, mortgaged, or otherwise encumbered in any way any right, title or interest in or to the Music or any part thereof or any of the rights conveyed hereby;

vi.That Musician has not made or entered into any contract with any other person, firm, corporation or other entity affecting this Exclusive License;

vii.That no person, firm, corporation or other entity other than Musician has or has had any claims or has claimed any right, title or interest in or to the Music or any part thereof, any use thereof or any copyright therein;

viii.That the Music will only be licensed to this Customer; and

ix.That Musician has full right, power and authority to enter into the Exclusive License and to make this present instrument of sale and transfer.

e. Payment as winner of this contest is the only payment to be paid to Musician from The Green Year, LLC with potential exception of (f).

f. The Green Year LLC will use the music only as part of other work, for instance, video, slide shows that appear on the web, in phone applications or in other works where music is the background. The Green Year LLC agrees to never to attempt to sell the music separately without signed consent of the Musician and additional payment as agreed upon.

g. Whenever possible, The Green Year LLC agrees to include the name of the Musician and a link to his/her website as requested.

Name and Likeness.  Musician hereby grants to The Green Year, LLC the right to use and publish Musician’s name (including any professional name heretofore or hereafter adopted by Musician), likeness and biographical material, or any reproduction or simulation thereof and the title of the winning Music, in connection with the printing, sale, advertising, distribution and exploitation of Music, folios, recordings, performances, player rolls and otherwise concerning the winning Music, and for any other purpose related to the business of The Green Year LLC, affiliates, subsidiaries, and successors.

h.Assignment.  The Green Year, LLC shall have the right to transfer or assign this Exclusive License, and any rights or interests herein, and any sums that may be or become due hereunder. 

i. The Musician may use the selected song on his/her website as a sample as your work or in other ways that are agreed upon in writing by a representative of The Green Year, LLC