Music Licensing Agreement

Licensing Options | Music License Agreement | SFX License Agreement

This is a license agreement between ARBOUR INTERACTIVE INC., doing business as premiumbeat.com (“premiumbeat”) and you, the licensor. 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:

Non-Exclusive License

This is a non-exclusive license, 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 otherwise for Advertising and Mass duplication licenses. 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. In consideration of the license, you hereby agree to pay premiumbeat a certain license fee, according to our website rates.

New Media Project / Standard License

The standard license allows you to use the Recording with any type of New Media Project. For the purpose of this Agreement, a New Media Project is defined as a production or project which makes use of new media or multi-media platforms, including web site background music, Podcasts, Flash animations and presentations, online tutorials, e-learning tools, slide-shows, website videos, corporate training videos, Powerpoint presentations, multimedia CD-Roms, promotional DVDs, software demos, video blogs, online video sharing (YouTube, Vimeo, etc.), free iPhone / iPad / Smartphone applications and games, and web-based online video games. The standard license also includes use of the Recording for television show or program broadcasting and radio program broadcasting. We simply ask that you fill out a cue-sheet and send us a copy. However the standard license does not include use of the Recording in television advertising, in radio advertising, in a 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

This license allows you the licensor to use the music on YouTube and generate an income from advertising overlay on your videos. You may not however claim that the Premiumbeat.com music is your own music. We own and/or control all the Copyrights of the music you are licensing.

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 advertising or in radio advertising.
There is an additional fee for music used for a TV/radio commercial. See http://www.premiumbeat.com/license for Local/regional advertising or National advertising.
For multiple countries licensing please contact us at support@premiumbeat.com

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. See http://www.premiumbeat.com/license to choose a Mass Duplication license for up to 10,000 copies or for unlimited copies.

The Mass Duplication license is required for Video and Audio production duplication: this includes without limitations all products with music embedded 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.

iPhone / iPad / Smartphone
No mass duplication license is required for free (not commercial) iPhone / iPad / Smartphone applications and games, and web-based online video games. The Mass Duplication license is required for any for-sale game or application, including paid iPhone / iPad / Smartphone applications if more than 1,000 copies are sold. Games and applications that generates income including offering in-game purchasing and advertising are considered to be commercial.

Important: 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.

Theatrical / Commercial Film License

Music usage for non-commercial projects, such as a college movie, or participation in a contest, or a film festival is included in the Standard License. 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 Theatrical or Commercial Film license. For all commercial film productions this license is for unlimited duration and Worldwide use. http://www.premiumbeat.com/

Personal or Professional Use

This license is for your own personal or organization usage only, which can be personal or professional. You may use the Recording for your personal Projects and for 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 a 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.
• You may not resell the Music (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.com 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 will be collected by PROs (Performing Rights Organizations) such as SESAC, BMI, ASCAP, SOCAN, etc. See: http://www.premiumbeat.com/cuesheets

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. 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.com makes all possible efforts to make sure that all the music and sound files are available at all times.  But Premiumbeat.com makes no representations or warranties that all Licensable Material will be available for use during the Agreement Term. Premiumbeat.com may discontinue licensing certain music and sound files at its sole discretion. In the eventuality that Premiumbeat.com gets a notice that any music or sound files may be subject to a claim of infringement of another’s right for which Premiumbeat.com may be liable, Premiumbeat.com  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.com shall provide Licensee with comparable Licensed Material (which comparability will be determined by Premiumbeat.com in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.

Taxes

Except for the Canadian territorry 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 October 2012