These Terms of Use ("Terms") apply to the purchase and public performance of "Wild Symphony" (“Work”) composed by Dan Brown and licensed by DGB Music ("Licensor"). By making this purchase, you ("Licensee") hereby acknowledge and agree to be bound by the terms and conditions set forth herein.
1. Grant of License
1.1. Upon purchasing the musical scores and parts of "Wild Symphony," the Licensee is granted a non-exclusive, non-transferable, non-assignable, royalty-free worldwide license to use the Work for one public performance. 1.2. Each purchase entitles the Licensee to one public performance of the Work. For each additional performance, a separate purchase is required. 1.3. The term of the license is four (4) years from the date of purchase.
2. Performance Requirements
2.1. The Licensee must register their performance information, including date(s) and venue(s), on the Wild Symphony Portal prior to the performance date(s). 2.2. The Work may be performed as part of live performances, which may include: a) A reading of the text of the book "Wild Symphony" by one or more narrators. b) Static audiovisual images taken from the book (use of the "Ken Burns" or similar effect in the display of such images is permitted). c) Dance choreography.
3. Use of Wild Symphony Portal Supplements
3.1. The following supplements are provided for use during the performance: a) Book Pages - Still Images: Still images from the book “Wild Symphony.” b) Book Pages - Moving “Panning” Images: Video of panning images from the book “Wild Symphony.” c) Dan Brown Narration - Videos: Videos of Dan Brown reciting the words from the book “Wild Symphony.” d) Words from the book “Wild Symphony.” 3.2. Provided visual supplements may only be used as on-stage projections, defined as a presentation on a projection screen located on the stage at the performance, which is located behind or above the Performing Artist. 3.3. Licensee is authorized to reproduce provided marketing materials for the sole purpose of promoting their “Wild Symphony” public performance, including advertisements, press, promotional materials, and event programs. 3.4 Supplements may not be edited or changed in any way without prior written consent of DGB Music. 3.5 Any other use of the supplements, or incorporation of supplements in live performance not provided by DGB Music without the express written permission from DGB Music, is strictly prohibited.
4. Performance Reporting
4.1. Any public performance of "Wild Symphony" utilizing the purchased sheet music must be reported to the American Society of Composers, Authors, and Publishers (ASCAP).
5. Restrictions
5.1. The Licensee shall not claim authorship of the Work in any way, directly or by implication, or collaboration credit in any form. 5.2. The Licensee may not transfer, rent, sub-lease, assign, or otherwise deal in the License. 5.3. The Licensee shall not copy or duplicate the Work for any purpose other than those expressly provided. 5.4. The Licensee shall not resell, trade, or exploit the Work for profit or otherwise, whether as part of a production or as a stand-alone item. 5.5. The Licensee shall not allow any third party to use the Work in any way. 5.6. The Licensee shall not make any changes to the Work.
6. Intellectual Property Rights
6.1. The Licensor retains all intellectual property rights in the Work and components thereof. 6.2. The Licensee acknowledges that all rights in the Supplements not specifically granted are reserved to DGB Music.
7. Indemnity
7.1. The Licensee agrees to indemnify, defend, and hold harmless DGB Music, its parent and affiliated companies, and the respective directors, officers, shareholders, employees, representatives, agents, successors, assigns, and users of each of the foregoing from and against any and all claims, demands, causes of action, costs, expenses, losses, damages, judgments, and reasonable outside attorneys’ fees arising out of or resulting from any breach of any representations, warranties, obligations, or agreements hereunder.
8. Termination
8.1. This License may be terminated if: a) The Licensee breaches any provision of these Terms, and the breach is not rectified within thirty (30) days after notice in writing. b) The Licensor reserves the right to terminate the license if the Licensee is adjudged insolvent or bankrupt.
9. Applicable Law
9.1. These Terms shall be governed by and construed in accordance with the laws of the State of New Hampshire and shall be subject to the exclusive jurisdiction of the federal and state courts located in the county of Rockingham, New Hampshire.
