MiamiMusic License Agreement and Terms of Use
The contents of the MiamiMusic Audio Database files, including all text, images, audio clips, and other material, including the selection and arrangements thereof, copyrights, and trademarks (the "Material"), are the property of the University of Miami Music Engineering Technology Program (the "University") and/or its subsidiaries and affiliates. The Material is protected, without limitation, pursuant to United States and foreign copyright, trademark and other applicable laws. Unauthorized use of the Material may violate such laws.
The "Licensee," understands, acknowledges and agrees that the University hereby grants a limited personal, non-exclusive, non-assignable and non-transferable license that authorizes the Licensee to use the specified MiamiMusic Database Material to the extent of the indicated level of clearance, provided that the Licensee retains all copyright, trademark and other proprietary notices contained in the original Material on any copy or re-use made of the Material within the duration of the period of the agreement or otherwise. The Licensee further agrees that he/she will not sell, exchange, reproduce, archive, modify, create derivative works from, publish by hard copy or electronic means, publicly perform, distribute, broadcast, retransmit, or circulate to any third party, or otherwise use the Material in any way for any public or commercial purpose, other than that specified by the appropriate level of clearance (see below), without the express written approval from the University. The Licensee agrees to employ MiamiMusic Database Material according to the level(s) of clearance specified. Levels of usage are described as follows:
Usage Level 1: Unrestricted Public Domain - Database materials purchased with Level 1 permissions shall be available for personal use bound by the terms regarding re-use, dissemination, and duplication stated above. All recordings purchased for Public Domain use shall have full credits and privacy rights. MiamiMusic Database Material is intended for any personal, legal use as complies with all Guidelines listed below regarding any and all use of Material. In addition, the Licensee may modify, disseminate, display, and/or perform the Material purchased for level 1 usage to third-party users in any manner consistent with this agreement and applicable laws.
Usage Level 2: Restricted Public Domain - Database materials purchased with Level 2 permissions shall be available for personal use bound by the terms regarding re-use, dissemination, and duplication stated above. All recordings purchased for Public Domain use shall have full credits and privacy rights. MiamiMusic Database Material is intended for any personal, legal use as complies with all Guidelines listed below regarding any and all use of Material. In addition, the Licensee may modify, disseminate, display, and/or perform the Material purchased for level 2 usage to third-party users ONLY IN A TEMPORARY MANNER. Temporary formats are limited to online "streaming audio" formats and public playback demonstration senarios.
Usage Level 3: Internal Research Efforts - Database materials given Level 3 permissions may be accessed by designated research personnel, for a limited time to be determined on an individual basis by the University, for the explicit purpose of research and the testing phases of development including, but not limited to, analysis, listening tests, and performance comparison. The trial period varies by project objective and estimated dates of completion as agreed upon by and between Licensee and the University. MiamiMusic Database Material is licensed strictly for private research and developmental purposes, and may not be distributed throughout development agency of the Licensee for demonstration, personal use, or any other non-developmental purposes.
Additional Terms of Use
Licensee understands, acknowledges and agrees that he/she will adhere to the subsequent list of guidelines for legal use of any and all MiamiMusic Database Material:
Transfer of Medium
MiamiMusic Database material may be transferred to any medium necessary to facilitate appropriate personal or professional purposes involving research. Any copies made during Usage Level 2 research trial period shall not be further exploited post termination of the time limit agreed upon between Licensee and the University without contract to extend the trial period.
Intended Use
Usage Level 1 MiamiMusic Database Material is intended for demonstration purposes on personal or professional levels in compliance with privacy conditions stated above. Usage Level 1 and Level 2 MiamiMusic Database Materials are licensed for use in the research and development of MPEG-related technologies.
Processing
MiamiMusic Database audio files may be segmented in duration of the audio clip to facilitate personal use, demonstration, research, or developmental efforts of the Licensee. Furthermore, Licensee is permitted to signal process, filter, compress, or otherwise manipulate licensed Material in the digital domain to facilitate the needs of the company, research agency or local department of Licensee for specific demonstration, research, or development purposes only. MiamiMusic Database Material may not be re-recorded, reproduced, altered, or re-arranged in such a way that would result in the creation of a new composition or creative piece of work. The Licensee may not at any time make claim of MiamiMusic Database Material or any part of an MiamiMusic Database audio file, signal processed or otherwise, or any sound sample that results as a derivative of a file from the MiamiMusic Database as his/her own creation or production, or as the creation or production of Licensee's company.
Liability
The Licensee shall be responsible to take any and all necessary actions to protect MiamiMusic Database Material from the unauthorized misuse by each other party under the control of or affiliated with the Licensee. Any reproduction, modification, publication, alteration or distribution by a party in affiliation with Licensee shall warrant cause to hold Licensee in breach of Agreement and provide just cause for appropriate litigation on behalf of the University.
The Licensee agrees to defend, indemnify and hold harmless the University from and against any and all direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the MiamiMusic Database Material. The foregoing indemnifications obligation shall survive termination of this agreement for any reason or of any service, such as the production of custom performance and/or recording, provided the University.
The Licensee understands, acknowledges and agrees that the University reserves the right to discontinue further access to any Material for violating this Agreement or any applicable law, and may remove previous any and all clearance privileges for such violations at any time. This Agreement is effective until terminated by fulfillment of contractual obligation, expiration of specified time limit (as applies to Usage Level 3), or by the University. In the event of termination, you are no longer authorized to access, use, or re-distribute MiamiMusic Database Material. The restrictions imposed on you with respect to the Material, as well as the disclaimers, indemnities, and limitations of liabilities set forth in this agreement, shall survive termination.
The University shall not be liable for nonperformance or delay in performance caused by any event beyond the University's reasonable control. This agreement is subject to change without notice.