With a performance license, we will replace one copy per period of any EASe CDs, EASe games, EASe apps or EASe music on Sandisk microSD chips purchased from Vision free of charge if they wear out or get damaged. You will also be authorized to use EASe CDs in your practice and to lend or rent them to your clients.
For a limited time, the usual one year license will be offered at the one year price but will cover two years. The entire license copy is shown below.
To secure your license to lend or rent EASe CDs, just purchase and download this Agreement, complete it and either mail it back to Vision Play Therapy LLC at 611 Anchor drive, Joppa Maryland 21085, or scan and email the completed form to bill@vision-play.com. We will sign it and return it to you with our authorization.
The EASe performance license costs $200.00 per year and includes an entire EASe product catalog replacement per year.
EASe Music Rental License Agreement
This music license Agreement (this “Agreement”) is made effective as of Between , of (“Licensee”) and Vision Play Therapy LLC of 611 Anchor Drive, Joppa Maryland 21085 (“Copyright Owner”).
WHEREAS, the Copyright Owner owns the copyright, publishing rights and all other related rights in and to Electronic Auditory Stimulation effect (EASe) music, and WHEREAS, the Licensee desires to obtain certain rights to EASe music for use as part of its business practices.
GRANT OF LICENSE. As the owner of EASe music, and in accordance with this Agreement, Vision Play hereby grants to the Licensee, its successors and assigns, subject to the payments set forth below, the right, license and privilege to perform and to use EASe music as an element of its therapeutic practices and to lend or rent EASe CDs to Licensee’s clients to perform and to use off site as part of their listening therapy program.
Vision Play will replace worn out EASe CDs #1, #2, #3, #4, #5, #6, #7, #8, #9, and #10 or any EASe microSD cards with their equivalent, up to one each per year at no additional cost. Additional replacement EASe CDs can be purchased at current prices.
PAYMENT OF ROYALTY. Licensee will pay to Vision Play a royalty of $200.00 per period. Each contract shall extend two calendar years from day of purchase.
RIGHTS AND OBLIGATIONS. Vision Play reserves unto itself all rights of every kind and nature except those specifically granted to Licensee herein. The Licensee is specifically barred from duplication of any EASe CDs for any purpose whatsoever. Licensee shall identify Vision Play as the owner of EASe music in all promotional literature and advertisements for the use of EASe music.
MODIFICATIONS, Unless the prior written approval of Vision Play is obtained, the Licensee may not modify or change the EASe music in any manner.
DEFAULTS. If the Licensee fails to abide by the obligations of this Agreement, including the obligation to make a royalty payment when due, Vision Play shall have the option to cancel this Agreement by providing the Licensee 10 days written notice to cease and desist using EASe music.
WARRANTIES. Vision Play makes no warranties with respect to the use of EASe music by the Licensee or by any third party, and Licensee accepts the product “AS IS”. In no event will Vision Play be liable for direct, indirect, special, incidental, or consequential damages that are in any way related to EASe music.
INDEMNIFICATION. Vision Play shall indemnify and hold harmless the Licensee, its successors, assign and licensees and respective officers, directors, agents and employees from and against any and all claims, damages, liabilities, costs and expenses including reasonable attorney fees arising out of or in any way connected with any breach of any representation made by Vision Play, its successors and assigns from and against any and all claims, damages, liabilities, costs and expenses including reasonable attorney fees arising out of or in any way connected with any claim that EASe music infringes any intellectual property right or other rights of any third party.
TRANSFER OF RIGHTS. This Agreement shall be binding on any successors of the parties. The Licensee shall not have the right to assign its interests in this Agreement to any other party, unless the prior written consent of Vision Play is obtained.
TERMINATION. This Agreement shall terminate automatically one calendar year from the date of purchase. Either party may terminate this Agreement by written notice to the other party where there has been a default in the due observance or performance of any material covenant, condition or agreement herein by the other party and such default has continued for a period of thirty days after written notice specifying the same.
EFFECT OF TERMINATION. After termination of this Agreement all rights granted to Licensee shall revert to Vision Play and Licensee will cease from any and all further lending or rental use of the EASe music. Termination or expiration of this Agreement shall not extinguish any of the parties’ obligations under this Agreement.
NOTICE. The address of each party hereto as set for in the beginning shall be the appropriate address for the mailing of notices, checks and statements. All notices shall be sent certified or registered mail and shall not be deemed received or effective unless and until actually received. Either party may change their mailing address by written notice to the other.
ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are not other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
AMENDMENT. This Agreement may be modified or amended if the amendment is made in writing and is signed by both parties.
SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
SECTION HEADING. The section heading contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this Agreement.
WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
APPLICABLE. This Agreement shall be governed by the laws of the State of Maryland.
Vision Play Therapy LLC
Joanne M Dodds-Mueller President
Licensee
Print name
Signature