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Article 1
In this Agreement, the Nash Music Library refers to those musical works (as listed at the end of this agreement) whose copyright and neighboring rights are owned by Nash Studio Inc. (hereinafter, "Nash") and which are compiled by Nash into music collections under "the NASH? MUSIC LIBRARY". The musical works for which Nash grants the right to use to the (LICENCEE) (hereinafter, "User") form part of the Nash Music Library specified in Article 2 of this Agreement.
Article 2
By this Agreement, on the condition that the User pays the usage fee stipulated in Article 9 herein, Nash grants the User the right to use the works (hereinafter, "NML") in the Nash Music Library specified in (1) and (2) below under and subject to the terms and conditions set forth herein: (1) Works that the User orders and downloads using the "Nash on Demand" download service (hereinafter, "Nod") on Nash's Internet website, under and subject to the terms and conditions herein; and (2) Works which the User orders by issuing an order form, via telephone or the "Nash CD Order" service (hereinafter, "Nco") on Nash's Internet website, and which are included on NML CD(s) subsequently delivered to the User by Nash.
Article 3
Nash warrants to the User that NML consists entirely of Nash's original work, for which Nash owns the copyright and the neighboring rights, as well as all rights necessary to grant permission for use under this agreement, and further, Nash warrants to the User that there shall be no objections by third parties in the future regarding said copyright and/or neighboring rights, and, should any said objections occur, that Nash shall assume full responsibility for their resolution.
Article 4
This Agreement grants to the User non-exclusive rights to the use of the NML as described herein. No other rights, including but not limited to copyright, neighboring rights and/or master recording rights for the NML shall transfer from Nash to the User under this Agreement.
Article 5
The User shall have the non-exclusive right to use NML with the exception of the prohibited actions stipulated in Articles 6 and 7 herein, and further, the User need not report to or reimburse Nash for each individual NML usage. Moreover, there are no restrictions on NML's usage territory.
Article 6
With respect to the use of NML, the following actions are strictly prohibited without prior written approval from Nash: (1) To sell, loan, give, or distribute NML to a third party in any tangible or intangible form, or in any form whatsoever, and (2) to reproduce and/or copy NML in any form whatsoever. However, Nash shall permit NML to be recorded as background music together with images onto videotape, or to be recorded as background music together with narration, or to be recorded as background music on multimedia works.
Article 7
The User shall not modify NML without Nash's prior written permission. Also, the User shall obtain Nash's prior written permission for the following NML uses: (1) separate recordings of NML, (2) separate performances of NML, (3) adaptations, such as for separate musical arrangements, and (4) usage for score work or publication, as well as in any other musical works that would constitute intangible copyright works of NML.
Article 8
The User shall be obliged to maintain sufficient control over all parts of NML as delivered by Nash to prevent a third party from using NML in an unauthorized manner during the term of this agreement.
Article 9
The User hereby agrees to pay Nash for the use of the NML per the fee schedule on the Nod and/or Nco pages upon each order and download.
Article 10
This agreement shall remain in effect until the expiration of all copyrights relating to NML or until the expiration of the neighboring rights relating to NML, whichever should expire the latest, as stipulated under Japanese Copyright Law.
Article 11
In the event that the User violates the provisions of Article 6 and/or 7 herein with respect to NML usage, Nash may cancel this Agreement without prior notice. The User shall not use all elements of the NML in its possession and immediately return then to Nash , but shall not be entitled to claim a refund of any usage fee.
Article 12
In the event that the User violates the provisions in Article 6 and/or 7 herein, the User shall pay Nash an amount that equals fifty times the amount of the usage fee stipulated in Article 9 of this agreement as a penalty. Furthermore, Nash shall reserve the right to claim additional compensation from the User for any and all damages which occur from said violation.
Article 13
Any disputes related to this agreement shall come under the jurisdiction of The District Court of Osaka, and shall be governed and construed in accordance with the laws of Japan.
Date: *year, month, date*
Nash: Parkside Kawai Building 5-11-1, Nishitenma, Kita-ku, Osaka, 530-0047 Japan
Nash Studio, Inc.
Yoshinari Nashiki, President
TEL: +81-6-6315-1809
FAX: +81-6-6311-8009
website: www.nash.co.jp
e-mail: info@nash.co.jp
I hereby certify that I agree to and will observe all of the terms of this agreement for permission to use Nash Music Library.
User: Company name: **********
President: **********
Contact Person: **********
Title: **********
e-mail: **********
Address: **********
TEL: **********
FAX: **********
Website: **********
Payment Method: **********
Cotinuation Code:**********
[Stated at the end]
NASH MUSIC LIBRARY Regular Series
NASH MUSIC LIBRARY International Version
NASH MUSIC LIBRARY E Series
NASH MUSIC LIBRARY Sound Effect Collection
NASH MUSIC LIBRARY Orchestra Collection
NASH MUSIC LIBRARY Vocal Collection
All music among the NASHTM MUSIC LIBRARY which are produced for supply in accordance with this agreement.
