I Have A Song Inside My Heart™

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I Have A Song Inside My Heart LLC 101 N. PLEASANT AVE, PO BOX 994 • MAYWOOD, NJ 07607 info@ihaveasonginsidemyheart.com | ihaveasonginsidemyheart.com (“LICENSOR”) I Have A Song Inside My Heart Jazz Explorers Unit 1: Eras of Jazz Teacher Materials (Curriculum and Fake Book) Supplemental Digital files (Accompaniment, Appendix A, Appendix B) (“MATERIALS”) Please complete all the information on this form. This Agreement will not be in effect and no rights shall be hereby granted until your completed form and full payment have been received and accepted by the LICENSOR. Upon receipt of both completed form and full payment, the Teacher Materials will be mailed to you and you will receive a password which will give you access to the digital files. This shall serve as your confirmation that the terms of this License Agreement are in effect. If you are applying on behalf of multiple schools, please submit a separate form for each school. Please check the box to acknowledge

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TERMS & CONDITIONS *

As an express condition of this license, the LICENSEE agrees to all of the above Terms and Conditions as well as the following: 1. This is a non-exclusive license. 2. The license granted under this Agreement is solely for the single school listed above to make copies and reproductions of the Materials for use in live, in-classroom instruction in grades K-5. 3. None of the Materials or any portions thereof may be broadcast, recorded, streamed, placed on any website or social media, stored in a retrieval system outside of the school, or transmitted in any form or medium outside of the school by any means or media now known or hereafter invented. 4. Except with regard to a live student recital where no tickets are sold and which is not open to the general public (ie: other than friends and family of the teachers and students), any performances and/or audio or audio-visual recordings employing the Materials or any portions thereof is strictly forbidden. Notwithstanding the forgoing, limited permission is hereby granted for the school to create an audio or audio/visual recording of a live student recital for internal school archival purposes only. For purposes of clarity, such archival recording, including any portions thereof, cannot be distributed to parents, placed on any website or social media, or reproduced, copied, broadcast, streamed, stored in a retrieval system outside of the school, or transmitted in any form or medium outside of the school by any means or media now known or hereafter invented. 5. All rights not expressly granted herein are reserved to the LICENSOR. Any additional rights are subject to LICENSOR’s express, advance, written permission and the payment of additional fees. Any violation will be cause for the LICENSOR to declare this LICENSEE Agreement immediately null and void. 6. The Materials are and shall at all times remain the sole property of the LICENSOR. The LICENSEE represents and warrants that it shall neither permit any party under its control, direction, or employ to represent that the Materials are a collaborative or joint project nor state or imply that the authorship of any of the Materials is held by anyone other than the Licensor. 7. The LICENSEE agrees it will neither make nor allow to be made, any additions, omissions, or alterations in the Materials (other than minor changes for purposes of individual classroom instruction) without the express, advance, written consent of the LICENSOR. Any violation will be cause for the LICENSOR to declare this LICENSEE Agreement immediately null and void. Any changes that are permitted and accepted by the LICENSOR shall hereby immediately become the property of the LICENSOR. 8. This license is non-transferable. The LICENSEE shall not have the right to assign this Agreement or the rights granted herein to any other school, entity, organization, or individual. 9. This Agreement constitutes the entire Agreement between the parties. 10. Any changes or modifications of this Agreement must be in writing. 11. This Agreement shall be subject to the laws and jurisdiction of the State of New York. Any legal action shall be brought in the appropriate venue in City of New York. The prevailing party shall be entitled to reimbursement for costs and reasonable attorney's fees. To acknowledge, please check the following:

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