This music license concerns the use of music from Soothing Relaxation AS ("Licensor") in one physical venue or store, purchased by the customer ("Licensee") specified in the footer of this document. This license applies to all music released by Soothing Relaxation AS "), except for the tracks mentioned in 6. Exceptions. The music included in this license will be referred to as "Licensed Material”.
2. Surface area
This license has been purchased for a venue or store with a surface area specified by the customer (square meters). The surface area is the size of the area where the music is being played. Example: a hotel playing our music in the reception only pays for the surface area of the reception (not the whole hotel).
3. Scope of license
Licensor hereby grants Licensee a limited, non-exclusive, non-transferrable license ("License") to use the Licensed Material as described in this document. Any other use of the Licensed Material than set out in this document will be construed as breach of contract. Licensee must purchase a new license for other use of the Licensed Material than described herein.
4. License period
The license period (“License Period”) for this agreement is one year. The License Period begins the day of purchase of this annual license. If Licensee wants to continue to play Licensor’s music after one year, another license is needed.
5. Permitted use
With this license, Licensee can play the Licensed Material as background music in one physical venue or store. The Licensed Material can be played as much as Licensee would like during the License Period. Examples of accepted venues and stores include:
- Massage studio
- Coffee shop
- Yoga studio
- Art gallery
- Waiting room
- Doctor's office
- Therapist's office
- Commercial classes or courses (in classroom, not digital)
Most of the music released by Licensor can be played with this license. The only exceptions are listed on this page: https://soothingrelaxation.com/pages/music-not-included
Licensee cannot with this License play any of the music listed on the previously mentioned page in a venue or store.
Licensor warrants that it owns and controls the copyright in and to the Licensed Material.
8. Liability and indemnification
Licensor shall have no liability for any damages sustained by Licensee arising from use or inability to use the Licensed Material, including without limitation any direct, indirect, incidental, consequential damages.
Licensor shall indemnify and hold harmless the Licensee from any and all third party claims relating to the copyright in and to the Licensed Material.
Licensee shall indemnify and hold harmless the Licensor from any and all third party claims caused by the Licensee.
9. Intellectual property rights
Licensor own all right, title and interest in and to the Licensed Material, including all copyright and other intellectual property rights therein. Licensor retains all copyright and title in and to the Licensed Material. Nothing in this License Agreement shall be construed as a limitation or transfer of such rights. All rights not expressly granted is reserved by Licensor.
Licensee acknowledge that Licensor's trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of Licensor.
Licensee's breach of Licensor's rights under this clause shall constitute material breach.
10. Limitation of rights
Licensee may not transfer, share or sub-lease the License to any other party; copy or duplicate the Licensed Material; give any other individual or third party the right to use the Licensed Material in place of the Licensee.
11. Force majeure
Neither party may be held liable for damages sustained by the other party, if directly or indirectly caused by events of force majeure; including but not limited to war, acts of nature, fire, strike, lockout or other unforeseeable events beyond a party's control.
Material breach of the License Agreement entitles Licensor to terminate Licensee's right to use the music with immediate effect.
Upon Licensor's termination of the License Agreement due to Licensee's breach of terms, license fee that is already paid will not be reimbursed and any outstanding license fee falls due to immediate payment.
13. Choice of law and jurisdiction
Any dispute arising from the License Agreement is governed by Norwegian law, and shall be settled by the City Court of Oslo.