Licence agreement (public offer)

Preamble

This document is an official offer from Sole proprietor Semen Edvabnov (OGRNIP: 326237500051679), acting on the basis of the certificate of state registration, addressed to legal entities and sole proprietors interested in concluding a licence agreement for the public performance of musical works.

The current text of this agreement is published on the website novamuz.ru.

Terms and definitions

• Agreement — the licence agreement for the grant of rights to use intellectual property.
• Offer — the general terms of the agreement; may be amended unilaterally by the rights holder.
• Territory — the immovable or movable property at which public performance takes place.
• Rights holder / Licensor — Sole proprietor Semen Edvabnov.
• User / Licensee — the party with whom this agreement is concluded.
• Works — musical works, performances, and phonograms from the service's database.
• Personal account — the user's account in the NOVAMUZ service.

1. Subject matter

The Licensor grants the Licensee a simple non-exclusive licence to use the musical works and phonograms from the service's database.

Access is provided via technical means at https://app.novamuz.ru.

Permitted use: public performance at venues open to the general public.

Territory: premises (retail outlets, halls) whose addresses have been specified by the Licensee in their personal account.

The licence is granted for the duration of the paid subscription period.

2. Conclusion procedure (acceptance)

Payment of the fee constitutes full and unconditional acceptance of the terms of this agreement. The agreement is deemed concluded from the moment of payment, without the need to sign a paper copy.

3. Rights and obligations of the parties

4. Warranties of rights

The Licensor warrants that it holds exclusive rights or licences to the works to the extent required to perform this agreement.

In accordance with Article 1243(2) of the Civil Code of the Russian Federation, collective rights management organisations (RAO, VOIS) are not entitled to collect remuneration for works included in the service's database. Payment to the Licensor is final and exhaustive.

The Licensor warrants that the rights are not pledged, seized, or encumbered by the rights of third parties.

The Licensor's total liability is limited to the amount of licence fees actually paid during the preceding 12 months. Lost profits shall not be recoverable.

5. Acceptance procedure

The rights are deemed transferred at the moment access to the music is opened in the personal account.

Monthly preparation of bilateral paper-based acceptance certificates is not mandatory. The Licensor generates a unilateral electronic acceptance certificate (UPD).

The absence of substantiated claims within 5 business days after the end of the subscription period shall be deemed confirmation that the services were rendered properly.

Upon request, document exchange is carried out via electronic document management systems.

The Licensor automatically records the works that have been played. Server-side statistics constitute the sole reliable evidence of the fact, time, volume, and territory of use.

6. Remuneration

The fee is determined by the tariffs published on the website or in the personal account, depending on the number of broadcasting points and the payment period.

VAT is not applicable (the simplified taxation system applies).

In the event of late payment, access to the service may be suspended automatically.

7. Amendment and termination

The Licensor may unilaterally amend the offer terms and tariffs. New terms apply to payments made after the amendments come into force.

The Licensee may terminate the agreement at any time by discontinuing payment of the subscription.

The Licensor may terminate the agreement unilaterally with 30 days' notice, or immediately in the event of a breach by the Licensee.

8. Force majeure

The parties are relieved of liability for failure to perform their obligations upon the occurrence of force majeure circumstances.

Such circumstances include: natural disasters, fires, military actions, mass civil unrest, epidemics, government acts, communication network failures, DDoS attacks, and other circumstances beyond the parties' control.

If force majeure circumstances continue for more than 2 months, either party may terminate the agreement. Refund of any unused portion of an advance payment shall be made by mutual agreement of the parties.