IMPORTANT! PLEASE READ THIS LIMITED PERSONAL USE LICENSE AGREEMENT CAREFULLY. BY ACCESSING, DOWNLOADING, COPYING, OR OTHERWISE USING ANY WORKS (AS DEFINED BELOW) MADE AVAILABLE BY MELODREAM STUDIOS (“MELODREAM”), YOU (“LICENSEE” OR “YOU”) AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS LIMITED PERSONAL USE LICENSE AGREEMENT (“LICENSE”). IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE, YOU MUST NOT ACCESS, DOWNLOAD, COPY, OR USE THE WORKS.
Preamble:
WHEREAS, Melodream Studios (“Melodream”) is the sole and exclusive owner of all Intellectual Property Rights in and to certain creative works, including but not limited to audio-visual content, music, literary works, visual arts, interactive media, and related intellectual properties (collectively, the “Works,” and individually, a “Work”);
WHEREAS, Melodream desires to grant to individuals a limited, non-commercial, personal use license to access and utilize certain Works, while retaining maximum legal protection, prevention of unauthorized use, and effective safeguards for all of its Intellectual Property Rights;
NOW, THEREFORE, in consideration of Licensee accessing or otherwise obtaining access to the Works and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Melodream grants to Licensee a limited personal use license to the Works subject to the following legally binding terms and conditions:
Article 1: Definitions
For the purposes of this License, the following terms shall have the meanings ascribed to them below, in addition to those defined in the Intellectual Property Rights declaration of Melodream Studios:
Article 2: Grant of Limited Personal Use License
2.1. Limited Grant: Subject to Licensee’s strict compliance with all terms and conditions of this License, Melodream hereby grants to Licensee a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to engage in Personal Use of the Licensed Works, solely as explicitly permitted in this Article 2.
2.2. Permitted Personal Uses (Strictly Limited): The scope of permitted Personal Use under this License is strictly limited to the following, and ONLY the following:
Viewing/Listening/Reading: Licensee is permitted to “view”, “listen to”, or “read” the Licensed Works solely for personal, non-commercial entertainment or educational purposes. This viewing, listening, or reading must be done in a private, non-public setting.
Private Display (Non-Public): Licensee may display visual elements of the Licensed Works privately within Licensee’s immediate household, solely for personal enjoyment. Public display or performance of any kind is strictly prohibited.
Temporary Local Storage (If Explicitly Permitted): Only if expressly permitted by Melodream in conjunction with the specific Licensed Work, Licensee may temporarily store a single copy of the Licensed Work on a personal device solely for facilitating permitted Personal Use under this License (e.g., downloading a digital file for offline viewing). This temporary storage is not a grant of ownership or broader rights and remains subject to all restrictions herein. Any such temporary copy must be deleted immediately upon termination of this License or at Melodream’s request.
2.3. Explicitly Prohibited Uses (Not Permitted): For maximum legal protection, and without limiting the generality of Article 4 below, the following uses are EXPLICITLY PROHIBITED and constitute Unauthorized Use and a material breach of this License:
Commercial Use of any kind: Including but not limited to sale, rental, lease, sublicense, commercial exploitation, or use for any revenue-generating purpose.
Public Performance or Display: Including but not limited to showing the Licensed Works in any public setting, to groups outside Licensee’s immediate household, or through any public network or platform.
Reproduction and Distribution: Including but not limited to copying, sharing, uploading, downloading (except as explicitly permitted in 2.2(c)), distributing, transmitting, or making available the Licensed Works to any other person, network, or device, whether for free or for consideration.
Adaptation and Modification: Including but not limited to creating derivative works, altering, editing, remixing, translating, or modifying the Licensed Works in any way.
Circumvention of Technological Measures: Attempting to or actually circumventing, disabling, or bypassing any digital rights management, copy protection, or other technological measures employed by Melodream to protect the Licensed Works and its Intellectual Property Rights.
Use for Training Artificial Intelligence (AI) or Machine Learning (ML) Systems: Using the Licensed Works, or any part thereof, for training or development of AI, machine learning, or any similar technologies.
Use in Compilations or Collections: Incorporating the Licensed Works, or any part thereof, into any other work, collection, compilation, or database without express written permission from Melodream.
Use for any Unlawful or Harmful Purpose: Using the Licensed Works in any manner that violates any applicable law, regulation, or third-party rights, or that is harmful, offensive, defamatory, or infringes upon the rights of others.
Removal or Alteration of Notices: Removing, altering, or obscuring any copyright notices, trademarks, watermarks, disclaimers, or other proprietary notices embedded in or accompanying the Licensed Works.
Article 3: Ownership and Intellectual Property Rights
3.1. Melodream’s Sole Ownership: Licensee acknowledges and agrees that Melodream Studios is and shall remain the sole and exclusive owner of all Intellectual Property Rights in and to the Licensed Works. This License does not transfer any ownership or Intellectual Property Rights to Licensee.
3.2. Limited License Only: The limited rights granted to Licensee under this License are strictly circumscribed and shall not be interpreted as a grant of any rights beyond those expressly stated in Article 2. All rights not expressly granted to Licensee are explicitly reserved by Melodream.
Article 4: Prevention and Safeguards Against Unauthorized Use and Enforcement
4.1. Strict Prohibition of Unauthorized Use: Any Unauthorized Use of the Licensed Works constitutes a material breach of this License and a violation of Melodream’s Intellectual Property Rights, and will be subject to legal action to the fullest extent permitted by law.
4.2. Enforcement Remedies: Melodream reserves the right to pursue all available legal and equitable remedies to prevent and redress any Unauthorized Use, including but not limited to:
Immediate Termination of License: Melodream may immediately terminate this License upon any breach by Licensee, without notice or liability.
Injunctive Relief: Seeking injunctive relief in any court of competent jurisdiction to restrain and prevent further Unauthorized Use.
Monetary Damages: Recovering monetary damages for losses incurred as a result of Unauthorized Use, including actual damages, lost profits, statutory damages (where applicable), and punitive damages (where permissible).
Legal Costs and Attorneys’ Fees: Recovering all legal costs, expenses, and reasonable attorneys’ fees incurred in enforcing this License and pursuing remedies for Unauthorized Use.
Digital Rights Management (DRM) Enforcement: Enforcing any technological measures implemented to protect the Licensed Works and prevent Unauthorized Use.
Monitoring and Tracking: Monitoring Licensee’s usage (to the extent technically possible and legally permissible) to ensure compliance with this License and detect Unauthorized Use.
4.3. Licensee Cooperation: Licensee agrees to cooperate fully with Melodream in any investigation or enforcement action relating to Unauthorized Use of the Licensed Works, whether by Licensee or any third party.
Article 5: Term and Termination
5.1. Term: This License shall commence upon Licensee’s access to or acquisition of the Licensed Works and shall continue until terminated as provided herein.
5.2. Termination by Melodream: Melodream may terminate this License at any time, with or without cause, and without notice to Licensee. Reasons for termination may include, but are not limited to, Licensee’s breach of any term of this License or suspected Unauthorized Use.
5.3. Automatic Termination: This License shall automatically terminate immediately upon Licensee’s engagement in any Unauthorized Use or any breach of this License.
5.4. Effect of Termination: Upon termination of this License for any reason, Licensee must immediately cease all use of the Licensed Works and destroy or delete all copies of the Licensed Works in Licensee’s possession or control, including any temporary copies made under Article 2.2(c).
Article 6: Disclaimer of Warranties and Limitation of Liability
6.1. “AS IS” Provision: THE LICENSED WORKS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. MELODREAM DISCLAIMS ALL SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
6.2. No Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MELODREAM STUDIOS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE OR THE USE OR INABILITY TO USE THE LICENSED WORKS, EVEN IF MELODREAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MELODREAM’S TOTAL CUMULATIVE LIABILITY UNDER THIS LICENSE, IF ANY, SHALL NOT EXCEED TO THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO MELODREAM STUDIOS FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.
Article 7: Indemnification
7.1. Indemnification by Licensee: Licensee agrees to indemnify, defend, and hold harmless Melodream Studios, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to Licensee’s breach of this License, Licensee’s Unauthorized Use of the Licensed Works, or Licensee’s violation of any applicable law or third-party rights.
Article 8: Governing Law and Jurisdiction
8.1. Governing Law: This License and all matters arising out of or in connection with it shall be governed by and construed in accordance with the laws of [Choose a jurisdiction with strong IP protection, e.g., State of Delaware, USA; or specific country known for IP enforcement, e.g., United Kingdom, France, Germany], without regard to its conflict of laws principles.
8.2. Jurisdiction: Any dispute, controversy, or claim arising out of or relating to this License, or the breach, termination, or invalidity thereof, shall be exclusively and finally resolved by the courts of [Choose specific courts within the chosen jurisdiction, e.g., Federal Courts in Delaware, USA; or High Court of Justice in London, UK]. Licensee hereby irrevocably consents to the jurisdiction of such courts and waives any objection to venue or forum non conveniens.
Article 9: Entire Agreement and Amendment
9.1. Entire Agreement: This License constitutes the entire agreement between Melodream and Licensee with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
9.2. Amendment: Melodream reserves the right to amend, modify, or supplement this License at any time in its sole discretion, by posting an updated version on its official website or by providing notice to Licensee through reasonable means. Licensee’s continued use of the Licensed Works after any such amendment shall constitute acceptance of the amended License.
Article 10: Severability
10.1. Severability: If any provision of this License is held to be invalid, illegal, or unenforceable under any applicable law, such provision shall be severed from this License, and the remaining provisions shall continue in full force and effect, to the maximum extent permitted by law. The parties shall negotiate in good faith to replace the severed provision with a valid, legal, and enforceable provision that achieves the original intent of the severed provision as closely as possible.
Article 11: Waiver
11.1. Waiver: No waiver of any provision of this License shall be effective unless in writing and signed by a duly authorized representative of Melodream. No failure or delay by Melodream to exercise any right or remedy under this License shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.
BY ACCESSING, DOWNLOADING, COPYING, OR USING THE LICENSED WORKS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS LIMITED PERSONAL USE LICENSE AGREEMENT.
Melodream Studios
Email: contactmelodream@gmail.com
Website: www.melodreamstudios.com
