Terms and conditions for the use of etmusic files by producers

On registering you indicate acceptance of the following terms and conditions whereupon you will be authorised to download music files from this site. This authorisation does not extend to permission for use in your productions.

You will still need to obtain a licence for each cue from etmusic.

The following Terms and Conditions constitute a legally binding Agreement between E-Trax Music Ltd and a Producer or Production Company.

1. E-Trax Music Limited authorises the Producer to download music files/tracks from the etmusic website for use in its productions.

2. This authorisation is conditional on the Producer's agreement to comply with the terms and conditions stated herein.

3. This authorisation does not include the right to copy, distribute, transmit, reproduce or exploit for commercial purpose the downloaded music files/tracks.

4. The Producer is required to obtain a licence from etmusic for each piece of music (cue) used in a production prior to the exploitation of that production.

5. Licences for the use of etmusic music files/tracks are issued on-line at rates according to the Schedule of Licence Fees published elsewhere on this site. The licence does not become valid until payment has been received by etmusic. Payment terms are as indicated on the invoice.

6. The Producer will provide accurate and complete details of the production and intended use of the music when completing the on-line licence application form. These details define the terms of the licence and form the basis for calculation of the fee payable.

7. The licence issued will be valid only for the cue specified during the licensing application procedure. Any variation, additional use in the same production or use in a further production will require an additional licence.

8. The production must not be broadcast or exploited in any way until the licence is confirmed valid.

9. etmusic will acknowledge receipt of the licence fee and confirm the licence valid by e-mail to the producer within 1 working day of receipt.

10. Licences are subject to the terms and conditions of the licence document, invoice and those contained herein.

11. It will be assumed that the Producer is downloading with the intention of using the music file/track in the production and manner specified in the licence application made at the time of downloading. If the Producer subsequently decides not to use that particular music file/track the Producer will notify etmusic in writing within 30 days otherwise the licence fee will become payable.

12. The Producer may retain a copy of the music file on a local hard drive or removable data storage medium for the purpose for example of archiving. However any further use of the music file/track in productions will require an additional licence from etmusic. Under no circumstances may the file be copied, distributed, transmitted, reproduced or exploited for commercial purposes without a valid licence.

13. etmusic reserves the right to amend the terms of this Agreement at 30 days notice in writing to the Producer. In such case the Producer may terminate the Agreement in writing before the end of the notice period otherwise any such amendment will become binding.

14. This Agreement may be terminated by either party at 30 days notice in writing.

15. In the event that the Producer breaches this Agreement etmusic shall have the right to terminate immediately. In the event that etmusic breaches this Agreement, the Producer shall have the right to terminate.

16. etmusic reserves the right to terminate this Agreement if the Producer is deemed unable to pay its debts or has a winding up or liquidation petition issued against it or goes into receivership.

17. In the event of termination of this Agreement by either party the Producer will no longer be authorised to download etmusic files from this site.

18. The Producer agrees to maintain records containing evidence of production details and will make available such records to etmusic at any reasonable time.

19. If any part of these terms and conditions is held by a court or other competent authority to be invalid or unenforceable it will no longer form part of this Agreement and the other terms and conditions will continue to apply.

20. This Agreement is to be governed and construed in accordance with English Law and the parties agree to submit to the jurisdiction of the English Courts.