**Modern Conducting Academy Site License Agreement**
Effective date: August 26, 2026
Terms of Use
1. Definitions
- "MCA" means Modern Conducting Academy.
- "Institution" means the school, district, university, or organization that has purchased or been granted a site license and on whose behalf this Agreement is accepted.
- "Authorized Users" means the Institution's current faculty, staff, and enrolled students who require access for the Institution's educational purposes, as further limited under Section 2.
- "Licensed Materials" means all content made available through MCA, including video and audio recordings, live and recorded masterclasses, captions and translations, transcripts, written materials, exercises, worksheets, graphics, course structures, and the selection, arrangement, and compilation of that content.
- "Subscription Term" means the period defined in Section 6.
2. Grant of Access
- This site license grants the Institution a limited, non-exclusive, non-transferable, revocable right to permit its Authorized Users to access and view the Licensed Materials for the Institution's educational purposes, subject to the user limits in the Institution's order confirmation or invoice.
- Access is limited to a number of Authorized Users tiered by the Institution's enrollment, as set out in the Institution's order confirmation or invoice.
- The Institution is responsible for ensuring that access is limited to current Authorized Users and for promptly removing access for any individual who is no longer enrolled or employed.
3. Ownership and Reservation of Rights
- All Licensed Materials are owned by MCA or are used by MCA under license from its contributing instructors, and are protected by United States and international copyright law. Trademarks, logos, and service marks displayed in connection with the Licensed Materials are the property of MCA or their respective owners.
- Except for the limited right of access granted in Section 2, no right, title, or interest in any Licensed Materials is transferred to the Institution or any Authorized User. MCA reserves all rights not expressly granted in this Agreement.
4. Permitted Use
- Authorized Users may access, view, and use the Licensed Materials for instructional, educational, and research purposes within the Institution, including live classroom display, assignment as coursework, and posting within the Institution's password-protected learning management system for access by Authorized Users only.
- Authorized Users may take personal notes from the Licensed Materials and apply what they learn in their own teaching and conducting practice.
- Authorized Users may not share their login credentials or allow access to any individual who is not an Authorized User.
5. Restrictions on Use
The Institution and its Authorized Users may not:
- copy, download, record, screen-capture, distribute, publish, or share the Licensed Materials outside the Institution, in whole or in part, in any electronic or physical form;
- modify, adapt, translate, excerpt, or create derivative works from the Licensed Materials;
- use the Licensed Materials, or permit them to be used, for commercial purposes, including resale, sublicensing, or inclusion in any paid offering;
- make the Licensed Materials available to any individual or institution not party to this Agreement, including through an open or public-facing web page, shared drive, or unsecured learning management system;
- remove, obscure, or alter any copyright notice, watermark, or attribution; or
- use the Licensed Materials, or permit them to be used, to train, fine-tune, or develop any machine learning or artificial intelligence model or system.
6. Term, Renewal, and Termination
- This Agreement begins on the Effective Date and continues for an initial term of one calendar year (the "Subscription Term"). The Subscription Term will automatically renew for successive one-year terms unless either party gives written notice of non-renewal at least 60 days before the end of the then-current term, or unless MCA and the Institution otherwise agree in writing to different renewal terms for that Institution.
- MCA may suspend or terminate the Institution's access immediately for breach of these terms, including unauthorized sharing under Section 5.
- Upon expiration or termination for any reason, all Authorized User access ends, and the Institution and its Authorized Users must cease all use of the Licensed Materials.
- MCA may add, modify, withdraw, or discontinue any Licensed Materials at any time during the Subscription Term. MCA does not warrant that any particular class or recording will remain available for the full Subscription Term.
- Fees paid for the then-current Subscription Term are non-refundable except as required by law or as separately agreed in writing.
7. Fees, Invoicing, and Purchase Orders
- Fees for the site license are as set out in the Institution's order confirmation, quote, or invoice, and are due net 30 days from the invoice date.
- MCA will accept a purchase order number for reference on its invoice where the Institution's procurement process requires one; issuance of a purchase order number by the Institution does not itself create or modify this Agreement.
- Renewal pricing may be adjusted by MCA with at least 60 days' written notice before the start of the renewal term.
8. Technical Support
- MCA will provide reasonable technical support to the Institution and its Authorized Users for accessing and using the Licensed Materials.
9. Privacy and Data Security
- The Institution and its Authorized Users agree to maintain the confidentiality and security of login credentials and any other access information.
- Where Authorized Users include students under 18, the Institution is responsible for obtaining any consent or providing any notice required under applicable state or federal student-privacy law (including FERPA) before enabling their access, and MCA will reasonably cooperate with the Institution's compliance obligations on request.
- Any unauthorized access, credential sharing, or suspected breach of this Agreement should be reported to MCA immediately.
- MCA's collection and use of personal information is governed by its published Privacy Policy.
10. Disclaimer and Limitation of Liability
- The Licensed Materials are provided on an "as is" and "as available" basis. MCA disclaims all warranties, express or implied, including any warranty of merchantability, fitness for a particular purpose, or uninterrupted or error-free access.
- The Licensed Materials are educational in nature. They do not constitute medical, vocal-health, or professional advice, and the Institution is responsible for ensuring Authorized Users exercise their own judgment in applying them.
- To the fullest extent permitted by law, MCA's total liability arising out of or relating to this Agreement shall not exceed the fees paid by the Institution to MCA in the twelve months preceding the claim.
11. General
- Assignment. The Institution may not assign or transfer this Agreement without MCA's written consent. MCA may assign this Agreement, in whole or in part, in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.
- Changes to this Agreement. MCA may update these terms for future Subscription Terms. Material changes will be communicated to the Institution in writing before the start of any renewal term.
- Severability. If any provision is held unenforceable, the remaining provisions remain in full force.
- Entire Agreement. This Agreement, together with the Institution's order confirmation or invoice, is the entire agreement between MCA and the Institution concerning the Licensed Materials and supersedes any prior understanding.
- Governing Law and Venue. This Agreement is governed by the laws of the State of Tennessee, United States, without regard to its conflict of laws principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in Knox County, Tennessee.
By accessing the Modern Conducting Academy resources, the Institution and its Authorized Users agree to adhere to these terms of use. Failure to comply may result in disciplinary action by the Institution and/or legal action by Modern Conducting Academy.
Contact Us
If you have any questions, concerns, or complaints about this Site License Agreement, please contact us:
- By email: [email protected]
- By visiting this page on our website: www.ModernConducting.com
- By phone: +1-909-297-8536