Music Agreement
This is an agreement between EC Rice Entertainment ("EC Rice") and you, or the employer on whose behalf you are entering this agreement ("you"). By using our website and/or purchasing a license from us, you agree to be bound by the following terms and conditions (the "Agreement") as same pertain to the license you purchase.
1- Definitions
Project: A media project to which Recording is synchronised.
Recording: A certain piece of recorded music available for license from EC Rice (including a musical composition).
2- EC Rice Music License
By purchasing a Recording from EC Rice, EC Rice grants you the limited, non-exclusive, non-transferable, worldwide right and license, in perpetuity to modify (subject to related restrictions) and use a Recording in accordance with the terms and conditions of the Agreement.
Recordings with watermark downloaded from EC Rice social media and/or website, are for internal testing and client approval purposes only and cannot be used for any other purpose including, but not limited to, any unlicensed use in commercial materials, advertisements, digital media, or video synchronisation.
3- Additional Terms for the License
Recording licensed hereunder are for your own personal or organisational usage only. You may use the Recording for your personal Projects and/or professional Projects you undertake for your clients or for your employer.
This license does not include public performance rights.
With the EC Rice Music License, you may use a EC Rice Recording on online video platforms systems, but EC Rice retains ownership of the Recording. You may not claim ownership of the Recording (or otherwise make it available) through any content detection and/or registration system (such as YouTube's Content ID), even if synchronised with your own Project.
4- Usage of the Recording
EC Rice Music License allows you to use the Recording in an unlimited number of Projects in the following ways:
(A) On the web, including Commercially Distributed* Projects, including but not limited to:
i. in online streaming (YouTube, Vimeo, Netflix, Hulu, Amazon Prime)
ii. Websites and social media
iii. Web advertising (including as part of pre-roll advertising), and
iv. in Podcasts
(B) Any Project that is not "Commercially Distributed"*, including but not limited to:
i. Corporate Videos
ii. Videos and Slideshows sold to third parties for non-commercial use (ex: wedding videos)
iii. Apps and video games
iv. Film and theatre (student, film festival) and
v. TV & radio programming (including pilots and public broadcasting)
(C) In an advertisement:
i. on television (whether distributed via broadcast, cable, or in an "on-demand" context)
ii. on the radio
iii. Out of Home (ex: digital billboard) or
iv. in theatres
(D) In a film or theatre production
(E) In point of sale locations, including but not limited to usage in:
i. shopping malls,
ii. point of sale systems
iii. in-store displays
iv. showroom videos
v. trade shows, industrial fairs and exhibitions
*A Commercially Distributed Project shall mean that the Project is intended to generate revenue to you.
4- Limitations of Use
You may not:
- sell, transfer, sublicense, share, give away or otherwise assign the Recordings or your rights granted hereunder to any other party
- resell the Recording by itself or as part of a package except solely as embodied within your Project
- resell the Recording (or otherwise make it available) in any manner that would enable a third party to download the Recording as a separate file, such as in e-card templates or website templates
- resell the Recording (or otherwise make it available) as part of any competing product such as music compilation or music library
- sell the Recording (or otherwise make it available) as, or as part of, your music or as your song, even if it has been transformed or edited, or if you add other instruments or vocals to the music
- claim to be the creator or copyright holder of the Recording or of any derivative work created from the Recording.
5- Ownership
You hereby acknowledge that EC Rice is and remains the owner of all rights, title and interest in the Recording, including without limitation any copyrights therein. The Recording is protected by and subject to the Malaysian Copyright Act 1987 and any Regulations or Orders made thereunder, including any amendments or restatements thereof, throughout the territory to which the Act may now or may at any time hereafter extend together with the copyright and all other rights of a like nature.
This license is non-exclusive and EC Rice retains the right to sell the licenses of the Recording to third parties at its sole discretion.
6- Limitation of Liability
EC Rice makes no warranty or representation, express or implied, except that it warrants that it has the right to grant the license granted hereunder. You hereby agree that this license is granted to you without any other warranty or resources.
7- Availability
EC Rice makes all possible efforts to make sure that all the Recordings that comprise its online library are available at all times. However, EC Rice makes no representations or warranties that all Recordings will be available at all times. EC Rice may discontinue licensing certain Recordings at its sole discretion. In the event that EC Rice gets a notice or otherwise concludes that any Recording may be subject to a claim of infringement of another's right for which EC Rice may be liable. EC Rice may require you to immediately stop using the Recording, delete or remove the Recording from its premises, computer systems and storage (electronic or physical), and ensure that its clients do likewise. EC Rice shall provide you with comparable content (which comparability will be determined by EC Rice in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.
8- Taxes
The fees charged by EC Rice do not include any taxes, duties or other government charges. EC Rice will charge you additionally for the amounts of any such taxes, duties or other charges which EC Rice is required to collect, including without limitation, sales and use taxes and value added taxes. By entering into this agreement, you verify that your country of residence is the same as your billing address.
9- General Provisions
This Agreement shall be governed by and construed in the Malaysian Copyright Act 1987 and any Regulations or Orders made thereunder, including any amendments or restatements thereof, throughout the territory to which the Act may now or may at any time hereafter extend together with the copyright and all other rights of a like nature.
The Parties hereto have expressly requested that this Agreement and all ancillary documents be drafted in the English language.
Nothing in the present Agreement shall be interpreted as constituting or creating a joint venture or partnership between the Parties. This Agreement shall be to the benefit of and bind the respective heirs, executors, administrators and assigns of the Parties hereto.
If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or any other legally constituted body having jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect.