Terms & Conditions
Terms & Conditions
- DEFINITIONS
- “The Act” – The Copyright Act, 1957.
- “Licence Fee” – Fees payable for the interest in the rights granted for the limited purpose.
- “Licence Period” – Is a limited period stated on the licence copy authorizing the licence to use sound recordings for the communication to the public.
- “Communication of Sound Recordings to Public” means making any sound recording work or performance available for being heard or otherwise enjoyed by the public directly or by any means of diffusion whether simultaneously or at places and times chosen individually, regardless of whether any member of the public actually hears or otherwise enjoys the work or performance so made available.
- “Event Licence” – Shall be applicable if you are playing sound recordings for a particular event/show/function at your premises.
- “List of Music Labels” – List of Music Labels/Companies who have granted exclusive rights of their sound recording.
- LICENCE
- Subject to the terms of this License and upon payment of the License Fee, NOVEX grants the Licensee a non-exclusive and limited license, under Section 30 of the Act, to publicly communicate sound recordings from the NOVEX repertoire at the licensed premises during the license period.
- This License will automatically expire at the end of the license period, without any further notice. The Licensee must cease all communication of sound recordings once the License has expired.
- NOVEX reserves the right to revoke or cancel this License if the Licensee breaches any of its terms.
- For any renewal, the start date will be determined by NOVEX’s records. The Licensee is prohibited from using NOVEX’s sound recordings without a valid License.
- NOVEX may modify or alter the terms of this License at its discretion, without prior notice or explanation.
- The License Fee is based on the information provided by the Licensee when applying for the License. Any concealment, discrepancy, or false declaration will be considered an infringement, and NOVEX may seek damages.
- Any Licensee who is non-compliant or attempts to regularize past infringements or breaches of this License will be liable for damages, in addition to the existing tariff, at NOVEX’s discretion.
- NOVEX reserves the right to inspect the licensed premises during and after the license period to verify the accuracy of the information provided by the Licensee and to check for unauthorized use of sound recordings.
- The Licensee agrees not to use NOVEX’s sound recordings for any purpose other than the limited usage authorized under this License, nor to allow any third party to do so.
- This License is non-transferable, and no sublicenses may be created. Third parties do not have the right to enforce this License.
- LEGAL
- In the event of unauthorized usage or infringement of rights, NOVEX is entitled to seek damages and may take legal action under the applicable law
- The amount of damages, as determined by NOVEX, will be final and binding on the Licensee.
- Any rights not explicitly granted to the Licensee under this License are reserved by NOVEX.
- This Agreement supersedes all prior discussions, negotiations, proposals, agreements, and understandings, whether written or verbal.
- Any delay by NOVEX in exercising its rights under this License will not be considered a waiver of those rights.
- This License does not create a joint venture or partnership between NOVEX and the Licensee.
- This License will be governed by the laws of India, and any disputes related to it will be subject to the exclusive jurisdiction of the courts in Mumbai.