Copyright and Licensing Info

When you buy sheet music, audio, or videos from me, I always include the following document. Thank you for respecting my Intellectual Property Rights. Let me know if you have any questions!

Dale Gray Music Music and Video Download 

End User License Agreement 

Overview (read the entire agreement, this is just a quick overview): 

When you purchase a Music or Video Download (individually or collectively referred to as the “Download”) from Dale Gray Music, you are purchasing the rights to use the Download for non-commercial, not-for-profit use. The Download file itself is the Intellectual Property of Dale Gray. Any burning/loading or transfer capabilities are solely an accommodation to you and shall not constitute a grant or waiver of any rights of the copyright owners. 

Your use of the Download is conditioned upon your prior acceptance of the terms of this Agreement. 

How long this License Agreement lasts: 

• • By purchasing the Download, you have perpetual, non-exclusive, non-transferable rights to use (you do NOT own) the Download per the terms and conditions of this agreement. 

What you CAN do with the Download you have purchased: 

• • Download ONE copy to a single electronic device such as a computer, tablet, or cellphone, and then you may transfer the file on or to one location for the purpose of backup (i.e. a cloud backup service, external hard drive, etc.). 

• • Load/burn the download file onto a SINGLE USB, DVD, or CD. Duplication not authorized. You may not reproduce (except as set forth in this Agreement), copy, print, publish, transmit, distribute, display, broadcast, re-broadcast, publicly perform, rent or lend, change, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, any of the Download. 

• • Use the Download during in-person services/events. This includes adding the Download into multi-media presentations for the purpose of displaying/projecting at in-person services/events. 

What you CANNOT do with the Download you have purchased: 

• • You cannot upload the Download file to any publicly accessible website (back up to a cloud service is permitted). 

• • You cannot use the Download in a live or pre-recorded online event/service, which is either public or private, unless reported to OneLicense or ASCAP. Information https://www.dalejgray.com/store/copyright-and-licensing-info/one-license-and-ascap

• • You cannot use a Download during/in concurrent services/events/rooms. If you require simultaneous use, you will need to purchase one copy of the Download for EACH concurrent event/room/service. 

• • You cannot alter the Download in any way. 

• • You cannot sell or offer to sell the Download, including but not limited to, posting any Download for auction, on any Internet auction site. The Download is licensed to you; it is not your property. 

AGREEMENT TO TERMS 

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Dale Gray Music (“Company” or “I”), concerning your purchase and use of Music and Video Downloads (“Download”). You must accept and abide by the terms of the Agreement as presented in order to use the service and Content. Please read the entire Agreement carefully. 

BY PURCHASING AND CLICKING TO DOWNLOAD CONTENT, YOU EXPRESSLY AGREE AND CONSENT TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, DO NOT DOWNLOAD THE CONTENT. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE DOWNLOAD. 

"Download" and “Content” means the copyrighted material available for license and download from Dale Gray Music, including but not limited to all of the contents of the files, with which this Agreement is provided, and related explanatory written materials or files ("Documentation"). 

"Use" or "Using" means to access, install, download, read, copy, print, or otherwise benefit from using the Content. 

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to download Content from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

INTELLECTUAL PROPERTY RIGHTS 

The Download and trademarks of the Download are owned by Dale Gray, subject to copyright and other intellectual property laws. The Dale Gray Music Download is provided to you AS IS for your personal use within the scope of this Agreement and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise used for any other purposes without the prior written consent of Dale Gray. If you download a copy of any Content for non-profit church/organization non-commercial use or personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Download or features that prevent or restrict use or copying of any Download or enforce limitations on use of the Download. 

PERMISSIONS AND USAGE RULES 

Permission to download one (1) copy of the Download is granted for non-commercial, not-for-profit use only, unless otherwise stated. No unauthorized use or duplication is permitted.

Your purchase grants you a perpetual, non-exclusive, non-transferable license to use the Content per the terms and conditions of this agreement. 

You are entitled to download, export, burn, copy, or backup the Download in accordance with the terms of this Agreement. Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver of any rights of the copyright owners in any of the Content. No right, title, or interest in any downloaded Content is transferred to you as a result of any downloading or copying or otherwise. All rights in the Download are owned by Dale Gray or his licensors, and you only have the right to use the Download for non-profit use in accordance with the terms of this Agreement. 

You may not reproduce (except as set forth in this Agreement), copy, print, publish, transmit, distribute, display, broadcast, re-broadcast, publicly perform, rent or lend, change, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, the Download. 

You may not reverse engineer, decompile, disassemble, modify, or disable any copy protection or use limitation systems associated with the Download. 

You may not download and then re-digitize the Download or upload the Download to the Internet. 

You may not sell or offer to sell the Content, including but not limited to, posting any Content for auction, on any Internet auction site. All Content is licensed to you and not sold, notwithstanding the use of the terms "sell," "purchase," "order," or "buy" on Dale Gray’s website(s) or in this Agreement. 

You may download one (1) copy of the Download to an electronic device (such as computer or cellphone), and may then transfer the file or backup the file to a cloud service, external hard drive, or other backup device/service. You shall be entitled to download the Download solely for non-commercial, not-for-profit use. You may not use this Download for distribution without permission. 

You shall be entitled to load/burn the Download file onto a SINGLE USB, DVD, or CD for non-commercial, not-for-profit use only one (1) time. 

You may not use the Download in concurrent events unless one (1) copy of the Download has been purchased for each concurrent event. 

Posting Download to social media sites, video-sharing sites, and other publicly accessible sites is strictly prohibited. 

PURCHASE OF DOWNLOAD/CONTENT 

You acknowledge that your use of the Download may require the use of other hardware and software products and that such hardware and software is your responsibility. Once Download is purchased and you successfully download the Download, it is your responsibility not to lose, destroy, or damage the Download, and Dale Gray Music shall be without liability to you in the event of any loss, destruction, or damage. 

You acknowledge that the Download may contain security technology that limits your usage of the Download to the Permissions and Usage Rules contained in this Agreement, and, whether or not the Download is limited by security technology, you agree to use the Download in compliance with the Usage Rules. 

AGREEMENT TO PAY 

All sales are final and all charges from those sales are nonrefundable once Download has been delivered, except as otherwise set forth in the purchase terms relating to specific Downloads. On occasion, technical problems may delay or prevent delivery of your Download. Your exclusive and sole remedy with respect to the Download that is not delivered within a reasonable period will be either replacement of such Download, or refund of the price paid for such Download, as determined by Dale Gray Music. 

You agree to pay for all Content you purchase for download, and that Dale Gray Music may charge your chosen payment method for any Content purchased and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your account. You are responsible for providing Dale Gray Music with a valid credit card or account details for payment of all fees. All fees will be billed to the credit card or the account you designate during the purchasing process. 

Prices and availability of any Content are subject to change at any time. 

Your use of the Dale Gray Music 's electronic purchasing service includes the ability to enter into agreements and/or to make transactions electronically. 

YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. 

In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. 

TERM AND TERMINATION 

This Agreement is effective until it’s terminated. You can terminate this Agreement by destroying the Download along with any copies or archives and any accompanying materials (if applicable) and ceasing to use the Download for any purpose. This Agreement also terminates if you fail, or Dale Gray Music suspects that you have failed, to comply with any of the provisions of this Agreement. 

Upon termination of this Agreement, you hereby agree to destroy all copies and archives of the Download, to cease using the Download for any purpose, and to confirm to Dale Gray Music, Inc., in writing, that you have complied with these requirements. 

LIMITATION OF LIABILITY 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DALE GRAY MUSIC AND ALL AGENTS, LICENSORS, AND LICENSEES (ALL OF THE FOREGOING, COLLECTIVELY, THE "GROUP PARTIES") SHALL IN NO EVENT BE LIABLE FOR ANY CLAIMS, CHARGES, DEMANDS, DAMAGES, LIABILITIES, LOSSES, OR EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A COMPUTER OR ELECTRONIC VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, INTERRUPTION OF SERVICE, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF DALE GRAY MUSIC OR THE GROUP PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS DOWNLOAD. 

INDEMNITY 

By using the Download, you agree to defend and hold harmless Dale Gray Music or it’s agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from (i) your use of the Download; (ii) your violation of any term of these Terms of Use. This defense and indemnification will survive these Terms of Use and your use of this Download. 

ASSIGNMENT 

This Agreement and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by Dale Gray Music without restriction. 

GENERAL 

You agree that Dale Gray Music's products and services shall be deemed solely based in Maryland and that Dale Gray Music's website(s) shall be deemed a passive website that does not give rise to personal jurisdiction over Dale Gray Music, either specific or general, in jurisdictions other than in Maryland. This Agreement shall be interpreted according to the internal substantive laws of the State of Maryland, without respect to its conflict of laws and principles. Venue for any lawsuit arising out of this Agreement shall be Anne Arundel County, MD. This Agreement and any other legal notices published by Dale Gray Music on this website (www.dalejgraymusic.com), shall constitute the entire agreement between you and Dale Gray Music concerning this website. If any provision of this Agreement shall be held illegal, unenforceable, or in conflict with any United States law of a federal, state, or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions hereof shall not be affected thereby. No waiver of any breach of, or default under, any provision of this Agreement shall be deemed a waiver of such provision, or of any subsequent breach or default. Dale Gray Music reserves the right to amend the Agreement at any time and without notice, and it is your responsibility to review the Agreement for any changes. Your use of Dale Gray Music's products and services following any amendment of the Agreement will signify your assent to and acceptance of its revised terms. You and Dale Gray Music agree that any cause of action arising out of or related to this product or service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. 

ACCEPTANCE OF AGREEMENT 

By purchasing this download, you represent that you have read this agreement in its entirety, understand its terms and conditions, are duly authorized to execute this Agreement on behalf of yourself, and you agree to be bound by the terms and conditions of this Agreement.