Music License Agreement

liftedCREATION

NON-EXCLUSIVE MUSIC LICENSE AGREEMENT

  This license agreement (hereafter referred to as the “AGREEMENT”) is made between the purchaser (hereafter referred to as the “LICENSEE”) and the publisher (hereafter referred to as the “LICENSOR”), in regards to the music, (hereafter referred to as the “REPRESENTED TRACKS”) set forth below.

GUARANTEE
  LICENSOR guarantees that it owns and controls the rights represented herein with respect to the recordings and the musical compositions in the REPRESENTED TRACKS and has and will hold throughout the TERRITORY and during the DURATION the above listed rights to exploit the REPRESENTED TRACKS as contemplated herein. LICENSOR shall indemnify and hold the LICENSEE harmless from any and all claims, liabilities and costs, losses, damages or expenses (including attorney’s fees) arising out of any breach, allegation, claim or failure of any covenants or warranties made by the LICENSOR herein.

GENERAL TERMS
  The mechanical, synchronization, and performance rights granted to the LICENSEE within the AGREEMENT include (1) right to re-record, duplicate and release the REPRESENTED TRACKS as part of a production in whatever medium(s) necessary (i.e. video tape, film, CD-ROM, DVD). If the music is used in software such as a video game application or other software product, the music will be “embedded” with the intention that the end user of the software or video game is unable to extract or use the music on its own; (2) right to use the music as a soundtrack “synced” with visual images as part of a production; and (3) right to use the music as part of the public viewing or broadcast of a production (including but not limited to TV shows, videos, DVDs, Web Sites, podcasts, multimedia presentations, and films). The LICENSOR grants LICENSEE a non-exclusive perpetual license to use the REPRESENTED TRACKS herein.

LICENSE
  LICENSEE agrees to terms of use stated in the chart below.

Standard License
Premium License
Broadcast
Local Television Broadcast (expect advertisement)
Yes
No
Wider Television Broadcast, multiple cities.
No
Yes
Local Television Advertisement
No
Yes
Wider Television Advertisement
No
Yes
Local Radio Broadcast, College Radio, Public
Yes
No
Wider Radio Broadcast, multiple cities (expect advertisment)
Yes
No
Local Radio Advertisement
No
Yes
Wider Radio Advertisement
No
Yes
Film and Cinema
Student Film, Non-commercial Films, Documentaries, Film Festival
Yes
No
Commercial Films, Single Cinema Release
No
Yes
Commercial Films World Wide Release
No
Yes
In Theater Advertising
No
Yes
Web Use
Use on Single Website/Domain
Yes
No
Use on Multiple Webistes/Domain
No
Yes
Use in Podcasts
Yes
No
Monetized Youtube Videos
Yes
No
Embedding Video on Multiple Websites
Yes
No
Games and Mobile Applications
Non-Commercial Apps and Games
Yes
No
Commercial Apps and Games
No
Yes
Store Music/On Hold
On Hold Music
Yes
No
In-Store Music 10 or less Locations
Yes
No
Unlimited In-Store Music
No
Yes
Mass Production of Physical Items (CD’s, DVD’s)
5000 Physical Copies or Less of this music incorporated within other media
Yes
No
Unlimited Physical Copies of this music incorporated within other media
No
Yes
Mass Production of Digital Items
Unlimited Digital Downloads with this music incorporated within media
Yes
No
Restricted Uses
Produce CD/Albums containing this music as stand alone tracks
No
No
Produce music tracks where this music is used as part of new music
No
No
Produce music tracks where this music is used as part of new music
No
No
Claiming ownership of the music and reselling, licensing or distributing stand alone music
No
No
Remixing this music as part of a new music production
No
No

RIGHTS NOT INCLUDED IN THIS AGREEMENT
  The rights granted to the LICENSEE do not permit the LICENSEE to (1) claim authorship of the music represented under this AGREEMENT; (2) transfer, share or sub-lease this license agreement with any other party; (3) copy or duplicate REPRESENTED TRACKS except for use in the LICENSEE’S productions; (4) permit any other individual or third party the right to use the REPRESENTED TRACKS in place of the LICENSEE; (5) resell, trade, or exploit for profit the REPRESENTED TRACKS contained herein outright or as part of other music and/or audio-related collections, in part or in whole, to any other individual or party (although the music can be sold as part of the production, which is a clear and distinct product from REPRESENTED TRACKS itself.)

TERRITORY
  The territory of this contract is the entire universe.

CREDITS
  The LICENSEE is not required to credit the REPRESENTED TRACKS to the composer, publisher, or LICENSOR in the LICENSEE’s productions (in liner notes, rolling credits, verbal acknowledgment, etc.) But if the LICENSEE chooses to do so, LICENSOR requests but does not require that the LICENSEE use the verbiage “Music by Nathan Steinke”.

DATES
  The term of the contract is effective on [[DATE_OF_PURCHASE]] pending that the payment of FEES and delivery of the REPRESENTED TRACKS have occurred. The duration of the AGREEMENT shall continue throughout duration of the lifetime of the LICENSEE.

FEES
  The LICENSEE agrees to pay the LICENSOR a one-time synchronization fee. The LICENSEE will not owe any future additional royalties or fees to the LICENSOR for future use of the REPRESENTED TRACKS within the terms of this AGREEMENT.

CUE SHEETS
  The LICENSEE agrees to fill out cue sheets for broadcast specific uses (Television and Radio). The LICENSEE will not owe any future royalties or fees to the LICENSOR for future use of the REPRESENTED TRACKS in broadcast specific applications. Please include cue sheet information when you deliver your program/film to the broadcaster.

PRIVACY
  At no time will the LICENSOR share, distribute, or sell LICENSEE details to any other company, or entity.

REPRESENTATION AND WARRENTIES
  liftedCREATION, Nathan Steinke, represents and warrants that I am the lawful LICENSOR of the REPRESENTED TRACKS and have the full right and authority to enter into this Agreement and to grant you all of the rights and licenses herein granted.

LIMITATION ON LIABILITY
  You agree that liftedCREATION/Nathan Steinke liability with respect to any claims of legal actions for you or any person deriving any rights from you shall solely be limited to the actual price paid for the license.

FINAL PROVISIONS
  The LICENSEE confirms they have read and understood the above licensing agreement by purchasing the REPRESENTED TRACKS. The LICENSOR confirms my acceptance of the terms contained therein without reserve.

THIS CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES HEREIN.

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