MAGIX

Agreement for the broadcasting and storage of music

The MAGIX Agreement for the broadcasting and storage of music (hereafter called the ”Agreement”) is entered
into between MAGIX Entertainment Products GmbH (hereafter called ”MAGIX”) and myself (as individual or
authorised representative of a group, hereafter called the ”ARTIST”) and establishes the conditions and
circumstances for the broadcast, storage and reproduction of work made available by the ARTIST.

1. By uploading, data transfer and making available musical recordings, arrangements or works and other
video/pictorial elements, texts or audio visual works (hereafter called the "Artist’s work") for use on
MAGIX web pages the ARTIST hereby grants MAGIX the following non exclusive, world-wide gratuitous
rights of use for the digital use of the Artist’s work:

a. Duplication, public communication, promotion/demonstration and dissemination/transmission of

the Artist’s work or parts thereof including the corresponding broadcasting rights and
streaming/downloading;
b. The right to digitalise/place into a digital format/ and the appropriate storage of the Artist’s work
and also to store the same as part of a database and make available to third parties digitally by
means of all types of transmission and media, in particular all on-line holding in readiness, on-line
transmission and on-line reproduction rights;
c. Processing rights, in particular the right to process, alter and shorten the Artist’s work in such a
way as MAGIX considers necessary;
d. To use all trademarks, titles of works, commercial designations and names or other designations of
natural persons or groups of persons (and other legal entities), connected with or contained in the
Artist’s work;
e. The production and use of samples of the Artist’s work or parts thereof for the purpose of
demonstration and promotion.

The granting of these rights shall expressly include all known digital types of transmission and
dissemination, including MPEG Layer 3 technology and subsequent corresponding technologies.

The ARTIST grants MAGIX with the uploading, the transmission of data and making available the
Artist’s work an option right to the Artist’s work to exploit the latter exclusively on all types of audio
carriers and for the purpose of commercial downloading on the Internet, whereby in the case of the
exploitation of the Artist’s work for commercial downloading purposes on the Internet the income
relating thereto shall be divided half and half between the ARTIST and MAGIX. If necessary a
separate agreement shall be entered into between MAGIX and the ARTIST for the financial
involvement of the Artist in the exploitation of the Artist’s work on audio carriers.

2. The ARTIST shall remain the holder of all copyrights and other rights to use save for the rights to use
hereby comprehensively granted to MAGIX for the above purpose.

3. The ARTIST expressly guarantees and assures MAGIX the following:

a. the Artist’s work is an original work produced exclusively by the ARTIST;
b. the ARTIST is entitled and holds in particular all necessary approvals to conclude this agreement
and fulfil all obligations under this agreement;
c. the ARTIST is holder of all rights (copyrights/rights to use, trademark rights and rights to bear a
name, patent rights and other industrial or other property rights) in the Artist’s work and may use
dispose thereof free of any third party rights;
d. neither the Artist’s work nor parts thereof infringe copyrights, ancillary copyrights, patent,
trademark rights, or rights to bear a name or other third party rights;
e. the Artist’s work does not breach any other provisions of law;
f. the Artist’s work has in particular no offensive, defamatory, pornographic or obscene content;
g. the Artist’s work contains no virus, defects (bugs) or other content that adversely disrupt, destroy
or distort computer hardware or software or the data kept thereon.

The ARTIST indemnifies MAGIX and visitors to MAGIX web pages – without prejudice to further claims
for damages – against all third party claims based directly or indirectly on a breach of these assurances and
guarantees by the ARTIST.
 MAGIX is entitled at any time to remove the Artist’s work from MAGIX web pages. Before uploading,
transferring data and making available the Artist’s work to MAGIX the ARTIST shall produce back-up
copies of the Artist’s work.

4. Insofar as such is permitted under the respective national legal practices, MAGIX restricts its liability to
the extent that its products and services related to this agreement are provided “AS IS” and without
warranty of any kind. Otherwise, MAGIX will be liable in accordance with the following principles:
MAGIX will be liable for defects in the products or services (in particular defects in providing storage
space on the MAGIX server and defects in the files held on the server) provided free-of-charge, in respect
of the free-of-charge omission only in the case of malicious concealment by MAGIX.
Other liability by MAGIX for damages will be limited in respect of free-of-charge omission in the case of
malice aforethought and gross negligence.
MAGIX will be liable in the event of paid services for pecuniary damages arising from all contractual and
non-contractual claims including negligence in contractual negotiations (for whatever legal cause) only to
the following extent:
A contractual or non-contractual duty to compensation by MAGIX and its vicarious agents shall only exist
in the breach of cardinal duties [literal translation], on the fulfilment of which the client may rely to a
special degree. Exemption from liability shall not apply to cases of malice aforethought or gross
negligence.
Liability by MAGIX will in each case be limited to the license fee paid by the client. This exemption shall
not apply to damages caused through malice aforethought or gross negligence on the part of MAGIX.
Defects must be notified immediately they are discovered but no later than within 30 days.

MAGIX’s liability will not extend to damages which are atypical of the contract or are unforeseeable and
for damage to or loss of stored data, and liability for lost profit and indirect or direct consequential damages
are expressly precluded, unless malice aforethought or gross negligence can be imputed to MAGIX.

5. Both parties are entitled to give notice of cancellation of this agreement at any time without good cause.

6. Clauses 2 to 4 and 7 shall remain valid after termination of the Agreement. Clause 1 shall remain valid for
a reasonable period of time after termination of the Agreement in relation to the scope of rights to use
granted by the ARTIST which MAGIX considers necessary to appropriately amend MAGIX web pages but
which may not exceed 6 months.

7. Termination and/or amendment of this Contract must be in writing. No verbal supplements to the
agreement have been entered into. The head offices of MAGIX will be the place of performance.
Should one or more provisions of this contract be or become invalid the validity of the contract in all other
respects shall remain unaffected. A substitute rule which most closely meets the intended purpose shall
replace the invalid provision. The same shall apply to a loophole in the contract. Munich will be the general
place of jurisdiction. The law of the Federal Republic of Germany shall apply.