Non-Exclusive License Agreement to Webcast on The Pond: Mills College Online Stream

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1 Non-Exclusive License Agreement to Webcast on The Pond: Mills College Online Stream This Agreement is entered into by and between Mills College, on behalf of its student organization The Pond: Mills College Online Stream, and the Copyright Owner. In exchange for the mutual promises and agreements set forth below, the parties hereto, intending to be bound, agree as follows: 1. Definitions: (a) Users means those who receive or access Transmissions from The Pond. (b) The Pond means The Pond: Mills College Online Stream student organization and its website operated by The Pond: Mills College Online Stream, which contains a link to an application that provides access to Transmissions comprised of or containing Recordings to Users via the internet. (c) Transmissions means displays or broadcasts of content by The Pond. (d) Transmit means to display and/or broadcast content. (e) Compositions means the Compositions listed on Exhibit A. (f) "Recordings" means the Master Recordings of the Compositions listed on Exhibit A. (g) You means the Copyright Owner of Compositions listed on Exhibit A. 2. Agreement: In exchange for The Pond s agreement to Transmit the Recordings of Compositions, You grant to The Pond a non-exclusive, royalty-free license to Transmit the Recordings of Compositions. You understand that The Pond is under no obligation to 1

2 webcast your submission. 3. Representations and Warranties: By signing this Agreement, You represent and warrant: (a) that You are the sole and exclusive Copyright owner of each Composition and its Recording, if persons other than You have contributed to any portion of the Composition or Recording, that the composition and performance was recorded with their consent and that they have consented to the terms of this license. You represent that all parties are executing this license, agree to all of its terms, and are authorized to make the warranties included in this license; that if any persons under the age of eighteen (18) performed on the recording, You have the consent of their guardian, and that You own all rights in the Recording. (b) that You have the authority to enter into this Agreement and grant to The Pond this license; and (c) that if the Compositions and Recordings, or any part of them, have been previously published or contain material copyrighted by a third party (specifically samples or interpolations of pre-existing Compositions and/or Recordings of any kind) You have obtained all necessary permissions or licenses to use such material and to permit Transmission of the Recordings of the Compositions. (d) that You are currently a Mills student, faculty or staff member, or artist-in-residence; or that you graduated from Mills, have previously been a faculty or staff member, or artist-in-residence. (e) that you are age eighteen (18) or older. You agree to indemnify and reimburse Mills College and The Pond against and for any claim or action alleging facts that, if true, would constitute a breach of any of these 2

3 warranties, including a copyright infringement claim. Your indemnification obligations include the reimbursement of expenses, losses and damages incurred by Mills/The Pond, including but not limited to legal fees and costs, as well as any settlement amounts it pays to satisfy any such claim. 4. No Compensation: You acknowledge that The Pond is a student organization of Mills College and that neither The Pond nor Mills College will provide you with any form of compensation, including any royalties (including those from performing rights organizations) or union fees, as part of this license or its Transmission of the Recordings. To the extent that the Transmission of the Recordings will trigger any such financial obligations to any third party, You agree to be solely and exclusively responsible for any such payments. 5. Reproduction: (a) By submitting Your Composition and Recording to The Pond, you grant at no cost to The Pond the non-exclusive right in perpetuity to make copies of Your Composition and Recording, including such copies on a computer server or servers, only as necessary and exclusively to webcast Your Composition and Recording on The Pond Internet Radio. (b) In order to present featured artists information on the The Pond website, You grant The Pond the non-exclusive right to reproduce or distribute in any medium, your name(s), approved photographs, pictures, and biographical material for purposes of education, advertising, or promotion in connection with the webcast of the Compositions and Recordings. 6. Term of License: The license granted by this agreement commences on the date of submission, and ends on the last day of the academic year, and automatically renews annually unless you give The Pond written notice at least thirty (30) days prior to the end of an academic year. 3

4 7. Limitations on License: This license only extends to The Pond and is limited to Transmissions originating from The Pond. This license does not grant any ownership rights in the Recordings, or a right to use the Recordings in a manner other than as specifically set forth in this Agreement, to The Pond. THE POND ASSUMES NO RESPONSIBILITY FOR ANY SUBSEQUENT USE OF THE RECORDINGS BY ANY USER. BY EXECUTING THIS AGREEMENT AND PERMITTING TRANSMISSION OF THE RECORDINGS, YOU ASSUME ALL RISKS ASSOCIATED WITH TRANSMISSIONS OF THIS NATURE. 8. Notices: The Pond, Mills College, or You shall give any notice required by this Agreement by sending the notice in writing or via to the other party s address set forth herein or as provided in a subsequent writing. Each party agrees to inform the other in writing of any change of address. To: The Pond c/o Mills College Music Department Mills College 5000 MacArthur Blvd. Oakland, CA License Agreement Documentation: The Pond maintains a catalogue for all submitted and approved license agreements. You agree to save a copy of this Agreement for your own records and not to hold The Pond responsible for providing You with a copy of this Agreement. 10. Governing Law: This Agreement will be governed and construed in accordance with the laws of the State of California. 11. Entire Agreement: This Agreement, together with each executed Exhibit A, constitutes the entire Agreement between The Pond and You, and may only be modified, and any rights under this Agreement waived, by a written document executed by The 4

5 Pond, Mills College, and You. The Pond: Mills College Online Stream Mills College 5000 MacArthur Blvd. Oakland, CA and, Copyright Owner, (please print) Address State ZIP Years worked/attended Mills: Year graduated (if applicable): Degree/Department: 5

6 Exhibit A List of Recordings: Submitted as of, 20 Signature of Recordings Owner This Exhibit is a part of the Non-Exclusive License Agreement to Webcast on The Pond: Mills College Online Stream executed between the parties as of, 20, which Agreement is incorporated herein by reference. 6

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