This release sets forth the terms of the agreement between WKNC 88.1 FM HD-1,/HD-2 a division of NC State Student Media (hereafter referred to as “NC STATE”), and PERFORMER regarding NC STATE’S use, reproduction and distribution of sound recording(s) (collectively, the “Recording(s)”) of your performance(s) of the following musical compositions (“Musical Compositions” and collectively with the Recording(s), the “Work(s)”):

1. You grant NC STATE and anyone authorized by NC STATE a non-exclusive, irrevocable and royalty-free license to reproduce, transmit, publicly perform, distribute and otherwise use the Musical Composition(s) as incorporated in the Recording(s) in whole or in part, in any and all manner or medium now known or hereafter developed (including without limitation via radio broadcasts, CD or DVD format, digital downloads, webcasting or via the internet) throughout the world. You acknowledge and agree that the rights granted herein include, without limitation, storage and transmission of the Work(s) on the NC STATE websites or on third party websites (including Bandcamp and iTunes), for the purpose of permitting end-users of such sites to access, download, listen to, view, copy and redistribute the Work(s).

2. You also grant NC STATE and anyone authorized by NC STATE a royalty-free license to reproduce and use your name(s), likeness(es), image(s) and voice(s) and the name of your band (if any) (together with all trademark rights therein, the “Publicity Rights”) on or in connection with the use of the Work(s) and in any and all promotional or advertising material related to such use. NC STATE shall have no obligation to use the Work(s), in whole or in part.

3. You understand and agree that you will not receive any monetary compensation as a result of any use or re-use of the Work(s) and/or the Publicity Rights and that you will not be entitled to any royalty or additional compensation in connection with this Agreement or any use of the Work(s)and/or the Publicity Rights.

4. Except with respect to the license granted to NC STATE, and its affiliates and licensees, you will retain all right, title and interest in and to the Musical Composition(s), including without limitation, any and all copyright and other proprietary or intellectual property rights contained therein. You acknowledge and agree that NC STATE has no control over the use of the Work(s) by third parties who access these works on NC STATE sites or third party websites and that you will bear any risk and liability in the event that any such third parties make use of the Work(s).

5. You represent and warrant that you are the sole author(s) of all Musical Composition(s); you are the sole owner(s) of all rights in or otherwise have the right to license the Musical Composition(s) and the Publicity Rights; you have the full right and authority to enter into this Agreement and to grant NC STATE the rights granted in this Agreement (including with respect to any agent, record label, or music publisher granting rights on behalf of another); and NC STATE’S use of the Musical Composition(s) or the Publicity Rights as contemplated under this Agreement will not infringe or violate the rights of any third party, including without limitation, any copyright, trademark, or right of privacy or publicity or obligate NC STATE to pay any royalties, compensation or other license fees for its use of the Musical Composition(s), including any public performance, mechanical, master use, or other fees. You agree to indemnify and hold harmless NC STATE, its affiliates and licensees, and the directors, officers, employees and agents of each of the foregoing, from and against any and all third party claims, and any and all liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising from or relating to your breach or alleged breach of this Agreement. NC STATE shall have the right, at its sole option, to defend and/or settle any such claim, demand, suit, action, or proceeding on such terms as it deems advisable. These representations, warranties and indemnities shall survive the expiration or termination of this Agreement for any reason.

6. This Agreement is not intended to create a partnership or joint venture between NC STATE and you. This Agreement constitutes the entire agreement between NC STATE and you with respect to the subject matter contained in this Agreement, and supersedes any prior agreements, representations or understandings, whether written or oral, by the parties with respect to such subject matter and may be amended or modified only by the parties’ mutual written consent. This Agreement shall be governed and construed in accordance with the laws of the State of North Carolina, without regard to its choice of law provisions.