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MP3 Download License for the AOL Network: Additional Terms & Conditions

Posted on Mar 24th 2010 12:00PM by Reg Gonzales
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1. Definitions:

"AOL" shall mean AOL Inc.

"AOL Network" shall mean any product, service or property owned, operated, distributed or authorized to be distributed by or through AOL or any AOL affiliate worldwide (e.g., AOL Music, AOL Radio, Winamp) as such products, services or properties may be distributed, regardless of transmission speed or type of device.

"Record Label" shall mean the party that owns or controls the MP3 and the party entering into this agreement.

"Licensed Content" shall mean the MP3 and any Artist materials, artwork and other content or materials provided to AOL by You, on Your behalf or at Your direction in connection herewith.

"You" or "Your" shall mean collectively the Record Label and the individual approving this email on behalf of, and as an authorized signatory of, Record Label.

"Term" shall mean the period commencing on the date You approve the terms and conditions of participation in any MP3 download promotional program on the AOL Network (e.g., MP3 of the Day, AOL Radio Free MP3) and forward the MP3, and will continue in perpetuity, unless otherwise terminated (the "Term"). You or AOL may terminate the Term of this Agreement at any time, which termination will be effective 90 days after the termination notice is sent to the non-terminating party. All notices sent by You to AOL shall be sent via confirmed electronic e-mail to aolmusicnotices@teamaol.com. After the Term, AOL will not make the MP3 available in any MP3 download promotional program on the AOL Network for free; provided, however and for the avoidance of doubt, permanent downloads of the MP3 which were made during the Term may be used in perpetuity on a gratis basis. Sections 2 and 3 below will survive the Term.

2. Indemnity: You will defend, indemnify and hold AOL and each of AOL's parent, affiliated, subsidiary and/or related entities and parties harmless from and against any and all third party claims, demands, liabilities, costs or expenses arising out of or in any way related to the Licensed Content and/or any breach or alleged breach of any agreements made by You hereunder.

3. Governing Law: This Agreement shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of New York. Each party irrevocably consents to the exclusive jurisdiction, forum and venue of the courts of the State of New York and the federal courts situated in the Southern District of the State of New York over any and all claims, disputes, controversies or disagreements between the parties arising under or related to this agreement.

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