Digital Products License Rental Agreement
By purchasing the license for Visual Products from from Creative Marching
Solutions, Inc., Licensee certifies that Licensee agrees to the following terms and conditions:
Regional Exclusivity
Creative Marching Solutions, Inc. grants the Purchasing School/Band Program
(Licensee) exclusivity of the Visual Products over all inquiring organizations within approximately a one-hundred (100) mile radius of Licensee’s school zip code. Licensee will be notified should such a situation arise. This exclusivity does not include prohibiting other groups with a similar or same Visual
Products to travel into Licensee’s one-hundred (100) mile radius, nor does it prohibit them from traveling outside said one-hundred (100) mile radius.
License Rental
Creative Marching Solutions, Inc. owns the intellectual and proprietary rights to the
licensed visual Products including but not limited to drill, choreography, digital artwork, flags, and costumes, and all associated Product files. Rental license solely includes non-exclusive Performance License and license to unlimited duplication of the included Products (including audio and video materials) for the term of one (1) competitive marching band season, commencing on the date of purchase and ending January 1 of the following calendar year (the rental period). Performance License applies to all public performances at both physical and virtual venues (i.e., live streaming of an event). The Products and copies made are not to be distributed for any reason, except to students and staff of Licensee. Licensee agrees not to sell, loan or lease copies of Products to anyone, for any reason. The licensing notice(s) printed on each page must be included on all copies produced for the above-mentioned groups use.
File Distribution
Licensee may post electronic copies of Products on a website for download provided the site is private, and access is password-protected for members only.
Licensee may request future use of the Products and other coordinating items from Creative Marching Solutions, Inc.. Additional licensing and fees may be required.
Returns/Claims
Due to the ability of a customer to duplicate and distribute files, upon receipt of a download link the Products are not returnable under any circumstances. Music in hard-copy format may be returned with prior authorization.
Claims of shortage and defects must be made by BUYER WITHIN FIFTEEN (15) DAYS of receipt of goods without exception. Buyer agrees to hold goods in question until further notice from Creative Marching Solutions, Inc.
FOR DAMAGE CLAIMS, PLEASE NOTIFY THE CARRIER IMMEDIATELY as they are responsible.