Limited License (Beat)

The sound recording of a musical performance (the "Beat") that you are about to download and the underlying musical composition (the "Composition") are each protected by copyright and other applicable laws. The Beat and Composition are owned by their author or respective author(s) (the "Beat Author") who uploaded the Beat to the poesybeat workshop found at poesybeat.org (the "Poesybeat Workshop"). By downloading the Beat, you warrant that you are a member of the Poesybeat Workshop and agree to be bound by the terms of this limited license, which is an agreement between you (the person downloading the Beat) and the Beat Author. No other person or entity is a party to this agreement, and there are no third-party beneficiaries to this agreement.

Terms:

  1. Definition of Poesybeat: The term "Poesybeat" means a sound recording:
    • which is a derivative work of the Beat and/or Composition combining (i) all or part of the Beat (in original or modified form) and/or a new performance of the Composition with (ii) spoken poetry or prose (a "Poesy") of your creation and/or any other sound recording owned by or licensed to you (e.g., one or more Poesies or Beats created by other members of the Poesybeat Workshop and downloaded by you under license); and
    • which is distinguishable from the original Beat.
  2. Limited License: Upon downloading the Beat, you have no rights in the Beat or Composition, except as described below:
    • You have the right to listen to, and make copies of, the Beat for your own personal entertainment; and
    • You have the right to create one or more Poesybeats from the Beat or Composition; provided that upon creation of the Poesybeat(s), your only rights in that Poesybeat(s) are:
      • To listen to, and make copies of, the Poesybeat(s) for your own personal entertainment; and
      • To upload the Poesybeat to the poesybeat database found at the Poesybeat Workshop under your name or the name of your artistic group (e.g., your band).

    The foregoing limited license shall not operate to give the Beat Author any right in the Poesy(ies) or
    Poesybeat(s) created by you. This limited license gives you no right to broadcast, publicly perform, publish or otherwise display the Beat or Poesybeat(s).

  3. Other Uses:
    • You: If you wish to use the Poesybeat(s) created by you for any purpose other than the purposes described above, you must contact the Beat Author to formally modify or amend this limited license in writing in accordance with Section 7 below. However, you may not contact the Beat Author, and thus may not use the Poesybeat(s) for any purposes not described above, unless the Beat Author has expressly authorized such contact by so indicating in his or her member profile in the Poesybeat Workshop. You shall have the right to request that the website administrator of poesybeat.org remove your Poesybeat(s) created from the Beat or Composition from any or all portions of the poesybeat.org website, subject to that website's "terms of use."
    • Poesy Author: If you upload the Poesybeat(s) to the poesybeat database found at the Poesybeat Workshop and the Beat Author downloads the Poesybeat(s) and wishes to use it/them for any purpose other than personal entertainment, the Beat Author must contact you to formally modify or amend this limited license in writing in accordance with Section 7 below. However, the Beat Author may not contact you, and thus may not use the Poesybeat(s) for any purpose other than personal entertainment, unless you have expressly authorized such contact by so indicating in his or her memeber profile in the Poesybeat Workshop. The Beat Author shall have the right to request that the website administrator of poesybeat.org remove your Poesybeat(s) created from the Beat or Composition from any or all portions of the poesybeat.org website, subject to that website's "terms of use."
  4. No Representations or Warranties/Limitation of Liability: THE BEAT AND COMPOSITION ARE OFFERED TO YOU UNDER THIS LIMITED LICENSE ON AN AS-IS BASIS. THE BEAT AUTHOR MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE BEAT, COMPOSITION, OR FILE CONTAINING THE BEAT AND/OR COMPOSITION, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, RIGHT OF TITLE, ABSENCE OF DEFECTS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL THE BEAT AUTHOR BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR LOSS OR DAMAGE (WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE) RESULTING FROM YOUR USE OF THE BEAT AND/OR COMPOSITION.
  5. Term of License/Termination: Nothing in the foregoing limited license shall in any way limit the Beat Author's rights in the Beat or Composition, including, but not limited to, the right to license or sell the Beat and/or Composition to any third party; provided, however, that the exercise of any such rights by the Beat Author shall not operate to withdraw this limited license, which shall be perpetual with the exception that this limited license shall terminate if the copyright in the Beat or Composition terminates or if you breach any term of this limited license. In the event that this limited license terminates by reason of your breach of any term, Sections 4 through 8 shall survive termination of this limited license.
  6. No Waiver: The Beat Author shall not be deemed to have waived any term or provision of this limited license or consented to any breach of this limited license, unless so stated in a writing signed by the Beat Author.
  7. Entire Agreement/Amendment: This limited license constitutes the entire agreement between the Beat Author and you with respect to the Beat and Composition. This limited license may be modified solely by a written agreement signed by you and the Beat Author.
  8. Severability: If any provision of this limited license is held invalid or unenforceable, in whole or part, then such provision shall be modified to the minimum extent necessary to make it enforceable or, if not possible, shall be removed and the remainder of this limited license shall remain in full force and effect.