SUPPLY OF BACKING TRACK & LICENSE AGREEMENT SBI PL/05.22
ALL BACKING TRACKS ARE OFFERED FOR LICENSE ONLY.
They remain at all times the property of SBI GLOBAL LIMITED hereinafter referred to as SBI.
1. A simple transaction will be made by which you will be charged for a copy of each sound recording. Upon receipt of your payment SBI will make such copies available to you at the earliest opportunity, by electronic download or, if opted for, by physical disc. For physical discs SBI take no responsibility for losses or delays by delivery agents. In clarification, it shall be understood that any such delivery agent will be engaged on the licensee’s behalf and SBI will NOT be held responsible for failure or loss by such agent.
Any fee(s) charged for delivery of sound recordings do NOT form part of this agreement. This is a professional LICENSING agreement only – it is NOT a RETAIL agreement and NO GOODS form any part of this agreement.
2. License to use SBI backing tracks as an accompaniment to live performance is granted to the licensee named ONLY. Use by third parties is strictly forbidden. In the event of a name change, licensee must advise SBI and request that an amended license is granted and unless/until such amended license is granted use of the backing tracks is forbidden. License for minors may be obtained by a specific third party and third party will be responsible that proper use of license is maintained by the aforementioned minor.
3. All backing tracks remain the property of SBI. License will be deemed invalid in the event of breach of any/all of the terms and conditions stated herein, rendering any further use by licensee of the backing tracks illegal.
4. Once purchased license cannot be cancelled by licensee. SBI offers audio samples on the website by way of which licensee may hear any sound recording prior to making this agreement. Whether licensee has used these facilities or by some other means determined their satisfaction of the sound recordings herein is the responsibility of and at the discretion of the licensee. Hence, once formed this agreement cannot be broken by licensee on the grounds of licensee’s approval/opinion of the music content of the sound recording(s) and no license fees can be refunded.
5. As an additional right, SBI grant to licensee the right to use the backing tracks as an accompaniment to new vocal recording(s) by themselves provided that the new recording(s) are used only for promotion. Should the new recording(s) be intended for commercial use/release, broadcast by any means or any other purpose a different or additional license should be sought by licensee with SBI. Strictly no rights are granted for reproduction of the backing tracks other than as an accompaniment to a vocal recording by the licensee.
6. With regard to the rights granted herein, particularly in 2. and 5. above, licensee is reminded that the backing track(s) are sound recordings. The copyright in the sound recordings are owned by SBI and the rights granted apply to and only to the sound recordings. No rights are, or can be, granted with regard to the copyright in the written work which is most likely owned by other party(s). Licensee is reminded that they must seek all necessary permission and pay any and all royalties that may be or become due to the owners of copyright within the written work or to their duly appointed agent(s). Moreover, licensee acknowledges that this is their responsibility and indemnifies SBI in respect thereof.
7. Where any price is quoted to licensee as inclusive of value added tax, licensee is reminded that the rate of this tax may be altered at any time and that value added tax will be due at the rate at the time of sale.
8. This agreement is made in England and in the event of any dispute arising regarding this agreement, same will be settled under the law(s) of England within the jurisdiction of the courts within England.