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License Agreement

This document constitutes the License Agreement (the “Agreement”) by which you purchase from Audio Beast Limited of 20-22 Wenlock Road, London, N1 7GU, United Kingdom (the “Company”) the right to use the “Recording(s)” you have selected on the terms set out herein. The usage rights granted to you (and the “Fee” payable to Company) will vary according to the category of usage rights you want the Agreement to cover (relating to the relevant “Recording”). A Standard License is automatically included in each Agreement but there are options covering a further five (5) categories of Enhanced Licenses, any and/or all of which you can choose to purchase, according to your requirements. The different usage rights granted and the relevant “Fee” charged for the type of License you choose (together with any other differences) are summarized in the Schedule at the bottom of this Agreement (the “Schedule”). The relevant category and/or categories of usage rights you purchase will be summarized in a cover sheet (and/or equivalent) that Company will send you (and/or which will be available for you to download) following your payment of the relevant “Fee”.

The terms set out herein apply to all “Recordings” (save that different usage rights apply to different categories of License as set out in the Schedule):

  1. TERRITORY Non-exclusive usage rights are granted to you on a worldwide basis. (“Territory”).
  2. THE RECORDING The track(s) covered by the Agreement is the track(s) you select (referred to as “the Recording” and/or “Recordings”, such expressions to include any part and/or version and/or edit thereof).
  3. THE LICENSE PERIOD The period during which you may use the Recording, is in perpetuity (the “Term”). On termination of the Term, all usage rights in the Recording shall revert to Company automatically.
  4. USAGE RIGHTS GRANTED Company grants you those usage rights as relate to the type of Licence you are purchasing. The different types of rights relating to the different types of Licence (each with a different “Fee”) are listed in the Schedule at the end of the Agreement (the “Schedule”). The Agreement automatically covers a Standard Licence (as described in the Schedule) but there are five (5) other types of Enhanced Licence categories you may choose to additionally purchase. Usage rights are granted to you in relation to an “End Product” for your own personal use and/or in relation to an “End Product” which you are working on for a client of yours and/or for your employer (for such party to use).
  5. THE FEE The sum payable by you for the usage rights granted is the per individual Recording amount as set out in the relevant category within the Schedule (the “Fee”). The Agreement shall not come into effect until such time as Company has received payment of the Fee in full. The Fee is subject to any taxes, duties and/or other government charges (together referred to as “taxes”) that Company may be lawfully required to additionally charge. The Fee may also be subject to any third party payment processing charges (such as for credit card payments by way of example) that shall be your sole responsibility to pay. By entering into the Agreement, you verify that your country of residence is the same as your billing address. After you have paid the Fee, Company will send you a receipted invoice by email, setting out the Fee you have paid, confirming the type of License that applies and the title(s) of any Recording. Where a special promotions offer or equivalent applies on the Company’s Website (the “Website”) in respect of the category of License you have chosen, any relevant discount will be taken into account in calculating the applicable Fee.
  6. VARIOUS
    1. The Agreement is subject to the laws of England whose courts shall have exclusive jurisdiction.
    2. The Agreement contains the entire understanding of all parties.
    3. No variation of this Agreement will be deemed binding until agreed to in the future by Company separately in writing.
    4. To conclude this Agreement and complete your purchase of the relevant category/categories of License you must click a designated box (and/or equivalent) on the Website to show you accept the Agreement, after which (subject to payment of the Fee) Company will email you a PDF copy of the Agreement (with a summary note of the relevant category if Licence you have purchased).
    5. Nothing in the Agreement shall constitute a partnership or joint venture between you and the Company.
    6. If any part of the Agreement (including without limitation any part of any clause) is deemed unenforceable, void or voidable by a court of competent jurisdiction, the remainder thereof shall remain in full and binding effect.
    7. Save as set out to the contrary in the Agreement, Company is not liable to you (and/or to your designees, any client of yours and/or your employer as may be relevant) for any damages, costs, expenses, loss of goodwill, reputation, profit and/or any other claims that are caused by Company’s negligence and/or otherwise in relation to the use of the Recording by you and/or your designees. Company’s total liability under this Agreement shall be limited to such part of the Fee paid by you as relates to the relevant title at issue. Company shall also not be liable for any delay in making download links for any Recording available to you.
    8. Subject to payment of the Fee, any Recording covered by this Agreement shall be made available to you as a 24-bit 48k WAV file and/or 320 kbps MP3 file. You will be able to access a download link in the client login area on the Website. The maximum number of times you can attempt to download the same Recording (across all formats which Company make available on the Website) will be five (5) times (save as Company agrees to the contrary in writing).
    9. Company shall not be liable for any delay in making a download link to a Recording available and/or a PDF of the Agreement and/or a receipted invoice, where such delay is due to matters outside of its control (such as, by way of example only, interruption in power supply and/or computer system/server malfunction and/or equivalent) save that Company will use its reasonable endeavours to rectify matters as soon as it is able. Company shall also not be responsible for any damage that may be caused by a corrupted file of a Recording and/or which arise from you accessing the Website and/or downloading anything from it. You are advised to use virus/anti-malware protection software.
    10. All copyright and right, title and interest in any Recording (including without limitation any edits and/or modifications thereof) is owned and retained by the Company and/or it’s designee. Company shall (by way of example only) have the right to collect the non-artists share of public performance income relating to usage of any Recording, and to collect all equivalent shares of so called neighbouring rights income.
    11. No publishing rights in the underlying music/lyrics/arrangement contained in any Recording are granted under the Agreement.
    12. The Agreement also includes your use of the Recording commercially with monetised videos on YouTube (unless specifically stated to the contrary in the relevant License).
    13. There shall be no assignment of the Agreement save with Company’s written consent.
    14. You may not sell, transfer, share, give away and/or sublease the Agreement and/or any Recording to any other party.
    15. You may not resell and/or use and/or offer for download and/or exploit and/or make any Recording available and/or grant any usage rights in any Recording alone and/or with any other tracks and/or with other content and/or as part of any package and/or as part of any template, save as expressly stated to the contrary herein. The foregoing applies equally to any Recording you have modified in any way. Usage rights are restricted solely to one specific End Product video or film (or such one specific product as may be covered under the Schedule below). The aforesaid End Product is referred to elsewhere in this Agreement as the “End Product” (including any part thereof).
    16. If Company receives notification that any Recording (and/or part thereof) may be subject to a infringement claim (and/or equivalent) Company may require you and/or your designees (and/or any party claiming authorisation from you) to immediately stop using the relevant Recording(s) (and/or such part thereof as Company may designate) and to remove the same from relevant computer systems, devices, storage media and premises. Company shall use all reasonable endeavours to supply you with comparable replacement track(s) (such comparability to be determined by Company in its reasonable discretion) at no further charge, but subject to the other provisions of this Agreement.
    17. You are over eighteen (18) years old (or the age of majority in your country of residence if greater than 18).
    18. You shall indemnify Company on demand in respect of any and all costs, losses, damages or expenses (including legal fees on an indemnity basis) arising out of any breach of your warranties and other agreements and obligations contained herein.
    19. Where an Enhanced License is required for either TV, Radio, Advertising, Film and/or Theatrical use, it is your responsibility to properly report such use in relation to the End Product and file Cue Sheet(s) with the appropriate PRO’s (and/or ensure that networks and/or stations do so). You are also required to supply Company with copies of the Cue Sheet(s) by emailing them to Company at support@audiobeast.com, or alternatively you can inform Company by completing the Cue Sheet form on the Website. The track information required to complete a Cue Sheet can be found in the relevant track’s details on the Website. For more information on Cue Sheets and PRO’s, please see Company’s FAQ section. Email Company at support@audiobeast.com if you require any further assistance.
    20. Company may at any time remove any titles that it offers for licensed usage via its Website. Also Company reserves the right to withdraw any one and/or more options of Enhanced Licenses relating to any Recording at any time.
    21. Once Company has sent you a download link to the relevant sound file of the relevant Recording(s) (and/or made it available for download in your user area on the Website) it shall be under no obligation to make the download link available to you for longer than seven (7) days from the date of the download link being first sent to you, nor shall Company be under any obligation to send you the same sound file again (if you lose the sound file for example). However, if Company still has the relevant sound file it will use reasonable endeavours to supply it to you again.
    22. Without prejudice to any of Company’s other rights, if you and/or any party claiming usage rights from you breach this Agreement, Company may terminate this Agreement and all rights granted shall revert to Company automatically (and no refund of the Fee will be due).
    23. Your attention is drawn to Clause 22 of Company’s Terms and Conditions (which is available on the Website) and you should read this before entering into this Agreement. By entering into the Agreement you also expressly confirm you have accepted the provisions of the Company’s Privacy Policy, Terms and Conditions and any other relevant documentation on the Website.
    24. For the avoidance of doubt, if you edit and/or change a Recording in any manner, any such edit and/or changed version shall still be subject to this Agreement in all respects.
    25. You will not create a new derivative work from the Recording save with the Company’s separate written consent (and Company will own the entire copyright in any derivative track, and Company’s writers shall be deemed the sole writers/authors of the derivative work).
    26. There shall be no re-recording of a Recording without Company’s separate written consent. The usage rights granted herein do not apply to any re-recording of a Recording unless Company subsequently agrees to the contrary in writing.
    27. Notwithstanding anything to the contrary herein, no audio-only exploitation of any Recording (including with any graphics element and/or with audio visual material bundled with a Recording for example) is permitted, whether via downloads and/or physical formats, unless expressly stated to the contrary in this Agreement (including without limitation any of the License categories in the Schedule). No exploitation of any Recording is permitted other than as part of the project covered by the type of License you have purchased and subject to the restrictions contained herein. Any variation to the foregoing is subject to the separate written consent of the Company and upon such terms as Company may permit.
    28. References in any part of the Schedule to “If the list above does not cover your project, please enhance your License” assumes that the enhanced category(s) you select does cover your intended project. However, if the description of the permitted usage covered within the relevant enhanced category(s), does not cover your intended usage, you need to contact the Company in writing requesting separate additional clearance and wait for the Company’s reply prior to concluding this Agreement in order to determine whether rights for your intended usage (not otherwise covered herein) can be granted and, if so, on what terms.

Schedule

All prices shown exclude local taxes

STANDARD LICENSE (Included in all Agreements):

Standard License Fee = $29 £25 €27

Standard License includes unlimited worldwide use (unlimited needle drops) of all durational edits, stings and versions available for a single track in perpetuity in any one single project listed below:

YouTube and Vimeo (including monetised videos)
Personal Projects (non-commercial)
Student Projects (non-commercial)
Personal Websites (non-commercial)
Weddings/Slideshows/non-paid for Events
Non-commercial Films and Theatre (Student Productions, Film Festivals)
Non-commercial Online use (Social Networks)
Free Podcasts, Games or Apps (iOS/Android/Online)

If the list above does not cover your project, please enhance your License.

ENHANCED LICENSES (Optional):

Corporate & Web License:

Standard License Fee + $20 £15 €20

Corporate & Web License includes unlimited worldwide use (unlimited needle drops) of all durational edits, stings and versions available for a single track in perpetuity in any one single project listed below:

Company and Commercial Websites
Corporate Videos/Promos
Company Showreels/Demos
Revenue generating Podcasts, Games or Apps (iOS/Android/Online)
Music on Hold Systems
In-store music
Corporate Presentations or paid for Events
Trade shows, Conferences or Seminars

If the list above does not cover your project, please enhance your License.

Mass Duplication License:

Up to 10,000 copies = Standard License Fee + $150 £115 €138
Unlimited copies = Standard License Fee + $270 £210 €242

Mass Duplication License includes unlimited worldwide use (unlimited needle drops) of all durational edits, stings and versions available for a single track in perpetuity in any one single project listed below:

DVD, CD-ROM, Blu-ray or any data storage device
Video Games
Software
Audiobooks
Video on Demand (VOD), iTunes and Netflix
Merchandise and Toys

If the list above does not cover your project, please enhance your License.

Television & Radio Show License:

Radio Show = Standard License Fee + $50 £40 €48
Television Show = Standard License Fee + $120 £94 €108

Television & Radio Show License includes unlimited worldwide use (unlimited needle drops) of all durational edits, stings and versions available for a single track in perpetuity in any one single project listed below:

Television or Radio Show or Series
Made for Television Dramas, Films and Documentaries
Television Game Shows and News Programs
Talk and Reality Shows

If the list above does not cover your project, please enhance your License.

NB. Where an Enhanced License is required for either TV, Radio, Advertising, Film and/or Theatrical use, it is your responsibility to properly report such use in relation to your project and file Cue Sheet(s) with the appropriate PRO’s (and/or ensure that networks and/or stations do so).

The music track information required to complete a Cue Sheet can be found in the relevant track’s expanded details on the Website.

You are also required to supply AudioBeast.com with copies of the Cue Sheet(s) by emailing them to us at support@audiobeast.com, or alternatively you can inform us by completing the Cue Sheet form on the Website.

For more information on Cue Sheets and PRO’s, please see our FAQ section. Email us at support@audiobeast.com if you require any further assistance.

Advertising License:

Online Advert (Worldwide) = Standard License Fee + $270 £210 €242
Radio Advert (National – 1 Country) = Standard License Fee + $270 £210 €242
Radio Advert (Worldwide) = Standard License Fee + $970 £750 €872
Television Advert (National – 1 Country) = Standard License Fee + $970 £750 €872
Television Advert (Worldwide) = Standard License Fee + $2,970 £2,274 €2,652
Cinema/In-Theatre pre-roll Advert (National – 1 Country) = Standard License Fee + $470 £364 €422
Cinema/In-Theatre pre-roll Advert (Worldwide) = Standard License Fee + $1,470 £1,134 €1,312
Film Trailer (All Media Worldwide) = Standard License Fee + $1,470 £1,134 €1,312
Advert (All Media Worldwide) = Standard License Fee + $4,970 £3,824 €4,442

Advertising License includes unlimited use (unlimited needle drops) in the selected territory of all durational edits, stings and versions available for a single track in perpetuity in a single television, radio or online advert/commercial script, or film trailer (including cut-downs).

Television or Radio Advert/Commercial
Television or Radio Spots, Idents and Bumpers
In-theatre Advert/Commercial (pre-roll)
Film Trailer

If the list above does not cover your project, please enhance your License.

NB. Where an Enhanced License is required for either TV, Radio, Advertising, Film and/or Theatrical use, it is your responsibility to properly report such use in relation to your project and file Cue Sheet(s) with the appropriate PRO’s (and/or ensure that networks and/or stations do so).

The music track information required to complete a Cue Sheet can be found in the relevant track’s expanded details on the Website.

You are also required to supply AudioBeast.com with copies of the Cue Sheet(s) by emailing them to us at support@audiobeast.com, or alternatively you can inform us by completing the Cue Sheet form on the Website.

For more information on Cue Sheets and PRO’s, please see our FAQ section. Email us at support@audiobeast.com if you require any further assistance.

Film & Theatrical License:

Non-commercial Student Film = Standard License Fee + $0 £0 €0
Theatrical Production = Standard License Fee + $270 £210 €242
Commercial Short Film or Feature Film (< $3m budget) = Standard License Fee + $270 £210 €242
Commercial Short Film or Feature Film (> $3m budget) = Standard License Fee + $470 £364 €422
Film Trailer (All Media Worldwide) = Standard License Fee + $1,470 £1,134 €1,312

Film & Theatrical License includes unlimited worldwide use (unlimited needle drops) of all durational edits, stings and versions available for a single track in perpetuity in any one single project listed below:

Commercial Short or Feature Film
Commercial Theatrical Play or Production
Film Trailer

If the list above does not cover your project, please enhance your License.

NB. Where an Enhanced License is required for either TV, Radio, Advertising, Film and/or Theatrical use, it is your responsibility to properly report such use in relation to your project and file Cue Sheet(s) with the appropriate PRO’s (and/or ensure that networks and/or stations do so).

The music track information required to complete a Cue Sheet can be found in the relevant track’s expanded details on the Website.

You are also required to supply AudioBeast.com with copies of the Cue Sheet(s) by emailing them to us at support@audiobeast.com, or alternatively you can inform us by completing the Cue Sheet form on the Website.

For more information on Cue Sheets and PRO’s, please see our FAQ section. Email us at support@audiobeast.com if you require any further assistance.

Last updated 23rd September 2016

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