Copyright & Licensing

Whilst it is a legal requirement for schools to comply with copyright law, we know that teachers are busy so we try to make the process of compliance as simple as possible.The guidelines below explain the most common copyright and licensing issues.


Helpful information can be found on the following website: www.copyrightandschools.org/  And remember, we are always happy to help - simply call our customer services team on 020 8481 7200 or email copyright@outoftheark.com.
 


General Guidelines

You are free to use any of our resources anywhere in the school for teaching purposes.

The public performance of a musical or nativity, ie to an audience other than pupils and staff, is permitted if you hold a valid Annual Performance Licence from Out of the Ark Limited.

The public performance of songs (without the performance of a scripted drama) is permitted if you hold a valid PRS licence.

Making printed copies or photocopies of songbooks for use in the classroom is covered by your Schools Printed Music Licence (SPML) and Copyright Licensing Agency (CLA) licences.  You should report your usage when requested by the licence issuers.

Reproducing the lyrics of songs or projecting the lyrics of songs in assemblies and copying the music scores for use in assemblies are covered by your school's CWCL and CWMRL licences from CCLI.  You should report your usage to CCLI on your regular copy reports.
 


Additional Terms & Conditions For The Purchase & Supply Of Software

 

Disclaimer
Any software including downloadable songs, song players and any other software are delivered to you 'as is'.
 

We do not guarantee that our software, or our online or download services will always be secure or free from bugs, viruses, errors and omissions.


We do not warrant the performance of the software or the results you may obtain by using it including satisfactory installation, satisfactory integration, satisfactory quality, or fitness for any particular purpose.


In no event will we or our suppliers be liable to you for any damages, claims or costs whatsoever, including any consequential, indirect, incidental damages, or any loss of profits or savings.


In choosing to use or download this software, or to use the online or download services, you accept that you are doing so at your own risk.


If you are using computer equipment or a network that does not belong to you then you must ensure that you have the appropriate permission from the equipment and network owner(s) or operator(s) to access the online services and to download and run the software and that the owners/operators are made aware of this disclaimer


This disclaimer shall survive the termination of this agreement but shall not imply or create any continued right to use the software after termination of this agreement.


Binding agreement
By purchasing, downloading, using or installing all or any portion of the Song Calendar or Singchronize® Software, you accept all the terms and conditions of this agreement.


Upon acceptance, this agreement is enforceable against you and any person or organisation that obtained the Software and on whose behalf it is used. If you do not agree you must not purchase, download, install or use the Software.


We permit you to use the software only in accordance with the terms of this agreement. We reserve the right to amend or to add to the terms of this agreement from time to time. You should refer to the terms of the agreement periodically to ensure that you comply with the revised terms. Such other terms and conditions will supersede all or portions of this agreement in the event of a conflict with the terms and conditions of this agreement.


Definitions
“Compatible device” means a device that conforms to the system requirements of the software as specified in the documentation.


“Software” means all of the contents of the files delivered electronically or on physical media.


“Use” means to access, install, download, play, or otherwise benefit from using the software.


Software Licence
By purchasing or otherwise obtaining our software including songs, and subject to your compliance with the terms of this agreement, we grant to you a non-exclusive licence to use the software, in all cases solely for the installation and use of the unmodified software on an authorised operating system, in the manner and for the purposes described in the documentation as follows:


This licence does not grant you the right to copy or distribute the software.


Obligations and Restrictions
With the exception of your use of the software on a compatible device that runs an authorised operating system, you must not use the software on other devices.


You must not use the software with any application or device that circumvents technological measures for the protection of the content.


You must not alter or remove any copyright or other proprietary notice that appears on or in the software.


You must not modify, adapt, translate or create derivative works based upon the software. You must not reverse engineer, disassemble, or otherwise attempt to discover the source code of the software.


Transfer
You may not rent, lease, sublicense, assign, or transfer your rights in the software, or authorise all or any portion of the software to be copied onto another user’s device except as may be expressly permitted by this agreement.


Intellectual Property Ownership, Reservation of Rights
The software (including its structure and code) and any installed copies that you make are the intellectual property of Out of the Ark Limited and its suppliers.


The software is protected by law, including without limitation the copyright laws of England, of other countries, and by international treaty provisions. Except as expressly stated herein, this agreement does not grant you any intellectual property rights in the software and all rights not expressly granted are reserved by Out of the Ark Limited and its suppliers.


Connectivity and Privacy
You acknowledge and agree to the following:


Updating. If your device is connected to the internet, the software may, without additional notice, check for updates that are available for automatic download and installation to your device.


Updates to the software may be licensed to you by Out Of The Ark Music with additional or different terms.
 

Settings. The software may save certain user settings by storing them on your device as a local object.


Content Protection. The software accesses content that has been protected. In order to let you play the protected content the software may automatically request media usage rights and customisation instructions from the internet, and may download and install required components of the software.


Indemnity. You agree to hold us harmless from any and all liabilities, losses, actions, damages, or claims including all reasonable expenses arising out of any use of the software or the provision of related services.


Single Song Purchases, eSongbook Purchases & Downloading the free Singchronize® Player

  • By downloading a free Singchronize® player you are acquiring a licence to install and to use the player software. In so doing you agree that you are not the owner of the player which remains the property of Out of the Ark Limited. Copying, attempting to copy, selling or attempting to sell the player or its component parts or code are strictly forbidden.
  • By purchasing Single Songs or eSongbooks you are purchasing a licence to use the song software files. In so doing you agree that you are not the owner of the song software files which remain the property of Out of the Ark Limited. The licence agreement grants you certain rights listed below. The songs may not be used in any ways not stipulated in the licence. Copying, attempting to copy, selling or attempting to sell the songs whether in part or in whole and via whatever medium are strictly forbidden. The same restrictions apply to songs that have been supplied to you free of charge.
  • Single Songs and eSongbooks purchased from our website cannot be cancelled or refunded once the purchase has been made, so please be careful to choose the correct product. The songs are added to your Singchronize® song library and to your account immediately at the point you purchase them. You will not have the right to cancel your contract thereafter. By purchasing Single Songs and eSongbooks, you are agreeing that your cancellation period has ended. If you have received an unacceptably poor download, you must tell us as soon as possible by emailing digital@outoftheark.com.

System Requirements for Single Songs and eSongbooks


You are responsible for ensuring that your system meets the following minimum technical standards before downloading, installing or running Single Songs and eSongbooks. Systems with specifications below the minimum standards are likely either to achieve unsatisfactory results or else to fail to operate.
 

Windows

  • 2.33GHz or faster x86-compatible processor, or Intel® Atom™ 1.6GHz or faster processor for netbooks
  • Microsoft® Windows® XP (32 bit), Windows Server 2008 (32 bit) or later, Windows Vista® (32 bit), Windows 7 (32 bit and 64 bit), or Windows 8 (Classic and Modern)
  • Internet Explorer 7.0 or later, Mozilla Firefox 4.0 or later, Google Chrome, Safari 5.0 or later, or Opera 11
  • 512MB of RAM (1GB of RAM recommended for netbooks); 128MB of graphics memory

Mac OS

  • Intel Core™ Duo 1.83GHz or faster processor
  • Mac OS X v10.6, v10.7, or v10.8
  • Safari 5.0 or later, Mozilla Firefox 4.0 or later, Google Chrome, or Opera 11
  • 512MB of RAM; 128MB of graphics memory

 

We recommend that your system uses the most up-to-date version of Flash Player and Adobe Reader.  The Singchronize® Player requires 24MB of storage space on your computer, plus additional space for your library of songs.
 

The Licence Holder's Rights

In granting the following rights, no other rights are deemed to have been granted.


Where the licence holder is a school, church or nursery:


The licence grants the holder the following rights:

  • To install and run the player and to play the purchased song(s) in streaming mode or in downloaded mode on any number of computers or mobile devices on the premises of the purchasing establishment that holds the licence.
  • To install and run the player and to play the song in streaming mode or in downloaded mode on a computer or mobile device belonging to one nominated member of staff not on the premises of the purchasing establishment for the purposes of preparation of lessons or assemblies.
  • To print one master copy of the lyrics, the music score and the teaching ideas.  Additional copies may be photocopied from the master copy but these must be logged on the school's photocopying licence return.


Where the licence holder is an individual:


The licence grants the holder the following rights:

  • To install and run the player and to play the purchased song(s) in streaming mode or in downloaded mode on a computer or mobile device at any location where the individual is working.
  • To install and run the player and to play the song in streaming mode or in downloaded mode on a computer or mobile device belonging to the individual.
  • To print one master copy of the lyrics, the music score and the teaching ideas.

The Licence Holder's Obligations

The licence will remain in force subject to the following obligations being undertaken by the licence holder and/or the user of the software on behalf of the licence holder, subject to no infringement or violation having been committed:

  • If you hold a CCLI Licence (Christian Copyright Licensing International), the use of all songs must be logged on your annual CCLI report.
  • Where the songs are performed in front of an invited audience the appropriate performance royalty payments must be made.

Most schools have an arrangement with the PRS (Performing Rights Society) through their local authority. Organisations that do not have such an arrangement should contact Out of the Ark Music directly.


Restrictions

It is the licence holder’s responsibility to ensure that no restrictions are violated whether by its employees, its associates or any other individual.

The following acts are strictly forbidden:

  • Making any copy any of the programs or applications, to any media whether for private use or public use - with the sole exception of the installation rights detailed above.
  • Broadcasting any of the contents of the programs or applications by any means.
  • Forwarding any of the programs or applications by any means.
  • Lending the programs or applications to any other party than the staff members of the licence holder.
  • Selling or transferring the programs or applications to any other party.
  • Selling, transferring or disposing of any computer or storage device on which the programs or applications in part or in whole are installed or are stored or on which access privileges to the programs or applications exist.
  • Modifying any program, or application, whether for individual use, public use, or financial gain.
  • Using any of the computer code or programming to create new programs or applications.

Licence Issuer's Rights

We reserve the right to revoke the licence without recompense, without prior notice and at its own discretion if the licence holder is deemed to have failed to observe any of the obligations or restrictions listed above, or any other copyright restrictions.

  • All other licence requirements relating to the use, reproduction or performance of our products remain the same. You are still required to log the use of our songs on your annual CCLI report, declare copies made of our digital songbooks on your MRL report, and obtain licences for public performances. Please see the Copyright & Licences page of our website.


If you require further information on Words on Screen™ licensing, please contact our customer services team on 020 8481 7200

 

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