Music Licensing Agreement


This is a license agreement between ARBOUR INTERACTIVE INC., doing business as Premiumbeat.com (“Premiumbeat”) and you, the licensee. By purchasing this license, you agree to be bound by the terms and conditions of this End User License (the “Agreement”), which are as follows:

Premiumbeat Non-Exclusive Licenses

All Premiumbeat music licenses are non-exclusive, whereby Premiumbeat grants you a limited right to use a certain piece of recorded music (including a musical composition). The licensed piece or music shall hereby be referred to as the “Recording”. This license is valid for perpetuity and for the World unless specifically indicated below. In consideration of the license, you hereby agree to pay Premiumbeat a certain license fee, according to our website rates. Please see our License page for current pricing.

Please find the details for each license below, followed by specifics pertaining to all license types:

A.  Standard License

The Standard License allows you to use the Recording in New Media Projects. Once you purchase a Standard License, you can use the Recording for as long as you want, with as many projects as you want (excluding templates), with no additional payments. For the purpose of this Agreement, a New Media Project is defined as a production or project that makes use of new media or multimedia platforms, including:

Web/Streaming Video

  • Online streaming video, including monetized videos (YouTube, Vimeo, etc.)
  • Social media video (distributed on networks like Facebook, Twitter, etc)
  • Online video advertisements
  • Website background music
  • Website videos
  • Video blogs
  • Online tutorials
  • E-learning tools

Apps & Games

  • Web-based online video games and applications
  • Free iPhone / iPad / smartphone / mobile games and applications
  • Revenue generating apps and games (up to 1,000 downloads)

Downloads/Physical Distribution

  • Video/film downloads (up to 1,000 downloads)
  • Multimedia CD-ROMs (up to 1,000 copies)
  • DVDs (up to 1,000 copies)

Television/Radio

  • Background music in television and radio programs, including theme music
  • Does NOT include usage in TV or Radio advertising (see License B below)

For TV usage we ask that you fill out a cue-sheet and send us a copy.

Other Video/Multimedia Usage

  • Wedding Videos
  • Slideshows
  • Software/product demo videos
  • Training videos
  • Flash animations and presentations
  • Powerpoint presentations
  • Podcasts

The Standard License does not include use of the Recording in television advertising, radio advertising, in a commercially distributed film or in any DVD, application or video game sold to the general public if more than 1,000 copies are produced. If you are unsure if your project qualifies as a New Media Project, please contact us.

You may not claim that Premiumbeat music is your own music. We own and/or control all the Copyrights of the music you are licensing.

Do you require usage not listed here? Please contact us for custom pricing and licensing.

B.  TV/Radio Advertising License

The Standard License includes use of the Recording for television program broadcasting and radio program broadcasting but does not include use of the Recording in television or radio advertising.  There is an additional fee for music used for a TV or radio commercial.  

This license is tied to one advertisement in one country for perpetuity (multiple language versions and lengths are included as ‘one advertisement’).  Please see our License page for current pricing.

For licensing in multiple countries please contact us.

C.  Mass Duplication

The Standard License covers the duplication of up to 1,000 copies of DVDs, downloadable software, games or other digital products. There is an additional fee for music used for more than 1,000 copies.  We offer the option to purchase an additional Mass Duplication license for up to 10,000 copies/downloads or a license for unlimited copies/downloads.  Please see our License page for current pricing.

The Mass Duplication license is required for Video and Audio production duplication: this includes without limitations all products with embedded music such as DVD, CD-ROM, VHS, software and any downloadable products sold or distributed to the general public if more than 1,000 copies are produced.

Important: The Mass Duplication license enables you to embed and synchronize our music with your own production only. You may not duplicate or copy the music itself and resell or distribute it in any way.

Mobile Applications and Games

The Mass Duplication License IS NOT required for free (non-revenue generating) iPhone / iPad / Smartphone / mobile applications and games, as well as web-based online video games.

The Mass Duplication license IS required for any for-sale game or application, including paid iPhone / iPad / Smartphone / mobile applications if more than 1,000 copies are sold. Games and applications that generate income, including offering in-game purchasing and advertising, are considered to be revenue generating.

Applications that create a new product utilizing our music (video slideshow generators, for instance) will require a speciality license for this usage.  Please please contact us for details and current pricing.

D.  Theatrical / Commercial Film License

The Standard License covers music usage for non-commercial film projects, such as a college movie, or participation in a film/video contest or a film festival.  Please note that it is mandatory to mention “Music by Premiumbeat.com” in the credits.

There is an additional fee for music used for a commercially or theatrically distributed film.

For all film productions this license is for unlimited duration and Worldwide use. Please see our License page for current pricing.

Do you require usage not listed here? Please contact us for custom pricing and licensing.


Additional Info For All License Types

This license is for your own personal or organizational usage only, which can be personal or professional. You may use the Recording for your personal Projects and/or professional Projects you undertake for your clients or for your employer.

Limitations of Use

  • You may not sell, transfer, share, give away or sublease the license agreement or the Recordings to any other party.
  • You may not resell the Recording by itself or as part of a package except as embodied within your own Project.
  • You may not resell the Recording (or otherwise make it available) within a downloadable template where someone would be able to download the sound file as a separate file, such as in e-card templates or website templates.
  • You may not resell the Recording (or otherwise make it available) as part of any competing product such as music compilation or music library.
  • With any of our licenses you may use a PremiumBeat Recording on YouTube, but PremiumBeat retains ownership of the Recording. You may not claim ownership of the Recording (or otherwise make it available) through YouTube’s Content ID, even if synchronized with your own Project.
  • You may not resell the Recording (or otherwise make it available) as your "Product", as your music or as your song, even if it has been transformed or edited, or if you add other instruments or vocals to the music. This is called a "Derivative Work" and it is not allowed. Premiumbeat always owns the Copyright of the music composition and recording.

TV Productions and Cue Sheets

For TV productions, in order to collect performing rights, cue sheets must be filed with the appropriate performing rights organizations and a copy must be faxed or emailed to us as an attachment. Please note that this license does not include Performing Rights that may be collected by PROs (Performing Rights Organizations) such as SESAC, BMI, ASCAP, SOCAN, etc. For TV productions the broadcaster most often pays this cost. Please see our Cue Sheets page for more details.

Ownership

You hereby acknowledge that PremiumBeat is and remains the owner of all right, title and interest in the Recording, including without limitation any copyrights therein. In particular, you do not have the right to claim ownership of the Recording (or otherwise make it available) through YouTube’s Content ID, even if synchronized with your own Project. The Recording is protected by and subject to Canadian and international copyright laws. We retain the right to sell licenses of the Recording to third parties, at our discretion.

Limitation of Liability

Premiumbeat makes no warranty or representation, express or implied, except that it warrants that it has the right to grant the license granted hereunder. The total liability of Premiumbeat under this Agreement shall be limited to that part of the fee paid hereunder by you to Premiumbeat for the license. You hereby agree that this license is granted to you without any other warranty or recourse.

Availability

Premiumbeat makes all possible efforts to make sure that all the music and sound files are available at all times.  However, Premiumbeat makes no representations or warranties that all Licensable Material will be available for use during the Agreement Term. Premiumbeat may discontinue licensing certain music and sound files at its sole discretion. In the eventuality that Premiumbeat gets a notice that any music or sound files may be subject to a claim of infringement of another’s right for which Premiumbeat may be liable, Premiumbeat may require Licensee to immediately stop using the Licensed Material, delete or remove the Licensed Material from its premises, computer systems and storage (electronic or physical); and ensure that its clients do likewise. Premiumbeat shall provide Licensee with comparable Licensed Material (which comparability will be determined by Premiumbeat in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.

Taxes

Except for the Canadian territory all License Fees are exclusive of any applicable sales, use, withholding or other transactional taxes, which are the sole responsibility of Licensee or Purchaser (if any).

General Provisions

This Agreement shall be governed by and construed according to the laws of the Province of Quebec, Canada, and the Parties hereby acquiesce to the jurisdiction of the courts of the judicial district of Montreal. Nothing in the present Agreement shall be interpreted as constituting or creating a joint venture or partnership between the Parties. This Agreement shall be to the benefit of and bind the respective heirs, executors, administrators and assigns of the Parties hereto. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or any other legally constituted body having jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect.

### Last revised June 2013###

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