Benefits
of royalty free
Royalty
Free does not mean Copyright Free. Novaera sas retains the
music or digital videos copyright at all times.
When purchasing a music or video on CD's, the client agrees
to a detailed licensing agreement, which (just as in the case
of computer software) applies to the specific purchaser of
the disc and prohibits the resale or transfer of the images
contained.
Novaera sas markets all music or videos non-exclusively.
This means that there is literally no limit to the number
of sales an individual image can make. Unlike Rights Protected
stock agencies, Novaera sas is able to have a number of agents
within a specific geographical market as well as selling directly
via its own web site, therefore maximizing distribution and
image sales.
License
full agreement
THIS
IS A LEGAL AGREEMENT BETWEEN YOU AND NOVAERA EDIZIONI MUSICALI
sas. BY INSTALLING THE CD YOU AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE, PROMPTLY RETURN THE CD IN THE ORIGINAL
PACKAGING WITHIN 10 DAYS FROM THE DATE YOU ACQUIRED IT FOR
A FULL REFUND.
For the purpose of this Agreement the term "The Content" shall
mean any music tracks, digital animation, film, video or other
visual representation together with any auditory representation
recorded in any format.
If you are entering this agreement on behalf of your employer,
the license granted and restrictions and limitations recited
herein apply to your employer as well as to you as a representative
of your employer. Should you cease working for your employer,
your employer may continue to operate under this agreement.
Grant
of License
Novaera
Edizioni Musicali sas grants you the non-exclusive, non-transferable
license to use and modify the content subject to the restrictions
contained herein.
This license Agreement DOES PERMIT the following uses of The
Content. You may use the content in your personal, professional,
internal, editorial and client projects including printed
materials, advertisements, packaging, presentations, video,
on-line or multimedia projects.
This license Agreement DOES NOT PERMIT the following uses
of The Content. You may not post The Content on any electronic
bulletin board, place the content on-line in a downloadable
format. You may not use, or allow anyone else to use any of
the content to create pornographic, libellous, obscene or
defamatory material. The content may not be copied in its
entirety. You may not rent, transfer or grant any rights to
The Content contained hereon, or any compilation, derivative
or collective work containing the content to any other person
(other than the provision stated below) or organisation without
prior written consent of Novaera Edizioni Musicali sas.
Using the content in a way not covered by this Agreement or
that is specifically prohibited, without prior written consent
from Novaera Edizioni Musicali sas, is a violation of Federal
copyright law. This license is in force until it is terminated.
If you do not comply with the terms and conditions above,
this license automatically terminates. At termination, the
product must be returned to Novaera Edizioni Musicali sas
immediately.
Copyright
All
The Content is copyright Novaera Edizioni Musicali sas. or
its licensors and is protected by Italy laws, international
treaty provisions and other applicable laws. No title or intellectual
property rights in The Content is transferred to you. Novaera
Edizioni Musicali sas Retains all rights not expressly granted
by this license Agreement.
Limited
Warranty
Novaera
Edizioni Musicali sas warrants The Content to be free from
defects in material and workmanship for 90 days from delivery.
Your sole and exclusive remedy for a breach of this warranty
is the replacement of The Content or a refund of the purchase
price, at the option of Novaera Edizioni Musicali sas.
Novaera Edizioni Musicali sas makes no other warranty nor
agrees any other condition, representation or undertaking,
either express or implied, of any nature, including as to
merchantability, satisfactory quality, fitness for any particular
use or compatibility with any computer or other kind of equipment.
Neither Novaera Edizioni Musicali sas nor any of its agents
or employees shall be liable to any distributor or other reseller,
customer, end user or other person or any indirect, incidental,
special or consequential damages (including loss of profit,
business, revenue, goodwill or anticipated savings) resulting
from its performance or non-performance of this Agreement
or the use of, or inability to use, The Content provided under
this Agreement or arising (or which might be claimed) under
any other cause of action or theory of claim. Moreover, the
liability of Novaera Edizioni Musicali sas, its agents and
employees in respect of any other cause of action (whether
arising in tort, contract or otherwise and notwithstanding
any negligence or other fault) shall in no event exceed the
sales value of The Content.
Some jurisdictions do not permit the restriction of liability
in respect of death, personal injury, deceit nor the exclusion
of certain implied conditions and/or warranties and, accordingly,
the liability of Novaera Edizioni Musicali sas shall not be
restricted to the extent that this is not legally permitted.
General
Provisions
This
Agreement will be governed by the laws in force in Italy excluding
the application of its conflicts of law rules. This Agreement
will not be governed by the United Nations Convention on Contracts
for the International Sale of Goods, the application of which
is expressly excluded. If any part of this Agreement is found
void and unenforceable, it will not affect the validity of
the balance of the Agreement, which shall remain valid and
enforceable according to its terms.
Novaera Edizioni Musicali sas reserves the right to discontinue
the license of The Content, for any reason and to elect to
replace The Content with and alternative. Upon notice of any
discontinuance of a license you, and your employer and your
client if applicable, agree not to further use The Content
so discontinued.
This Agreement shall automatically terminate upon failure
by you to comply with its terms.