PLEASE READ THIS AGREEMENT CAREFULLY. BY PURCHASING AND DOWNLOADING ANY OF THE CONTENT ("Music" or “Sounds”) ON THIS WEBSITE ("Spiritrax.com" or "Site"), YOU ("Licensee") HEREBY AGREE TO AND ARE BOUND BY THE TERMS AND CONDITIONS OF THIS END USER AGREEMENT.
Section 1. Overview
There is one Standard License Agreement, which governs the use of all music on this site. There is also an Extended License Option that applies to tracks purchased with the chosen option. By selecting an extended license option and purchasing a track under that license option, you are agreeing to the terms set forth in that license below. If you purchased music or sounds under a previous license, those sounds are governed by the license under which they were purchased, as per section 3.7 of this agreement. A personalized copy of your license agreement is emailed to you with your purchase.
Section 2: License Agreements
Standard License Agreement
1. Licensee shall have a personal, limited, worldwide, non-exclusive, non-assignable and non-transferable right to (a) use, view, or playback Music on your compatible computer or device, and (b) publicly perform the Music subject to the following restrictions:
a. The Music may not be transferred, copied, or duplicated by itself, either in whole or in part, with the exception that Licensee may make one copy for back-up or archive purposes. Further, the Music may not be resold, licensed, leased or in any way distributed to any third party without the express written permission of One Light Music and any applicable third-party copyright owner.
b. Licensee shall not have the right to alter the fundamental character of the Music; however licensee may request changes to eligible tracks in accordance with the instructions on the By Request service page of this website. Changes and edits to eligible tracks may require payment of additional fees independent of this agreement.
c. Licensee shall not have the right to use the music in timed-relation with other media without first obtaining a Synchronization and Mechanical License, as outlined below.
d. You may not incorporate the music into a new audio-only recording without first obtaining a Synchronization and Mechanical License, as outlined below.
e. Licensee understands that they, or their performance venue, may be liable for public performance royalties when publicly performing pieces that are not in the public domain, and that those rights must be cleared prior to performance through the appropriate agency (ie CCLI, ASCAP, BMI, PRS, etc).
2. This license is subject to the additional terms outlined in Section 3 of this agreement.
Extended Multimedia License Option: Royalty-Free Master-Use, Synchronization and Mechanical License
This section applies only to music recordings purchased under this license option. Not all tracks on Spiritrax.com can be licensed under this option, and for those tracks, these rights are reserved by their respective copyright owners. You must have a copy of this license signed by Spiritrax.com in order to use tracks under this license agreement; you can obtain a signed copy by first paying the required licensing fees at checkout.
1. Licensee, or their customers, shall have a perpetual worldwide, non-exclusive, royalty-free, non-assignable and non-transferable right to master-use of the Music recording in synchronization or timed-relation with other audio and/or audio-visual productions ("Projects") for broadcast and/or non-broadcast purposes and shall have mechanical reproduction rights in all mediums only in connection with Projects subject to the following restrictions:
a. The Music may not be transferred, copied, or duplicated by itself, either in whole or in part, other than in timed-relation with the Projects with the exception that Licensee may make one copy for back-up or archive purposes. Further, the Music, apart from the Projects, may not be resold, licensed, leased or in any way distributed to any third party without the express written permission of the copyright owner.
b. Licensee shall not have the right to alter the fundamental character of the Music, to use the title or subtitle of the Music as the title of a Project, or to add lyrics to the Music without the express written permission of the copyright owner. This agreement does not grant the right to use, print, or display lyrics that are under copyright, and rights to use lyrics must be obtained from the copyright owner.
c. Release of the Music on any commercially available audio-only product (e.g., compact disc or other phonorecords, audio books, etc) may require prior written approval by the copyright owner, and may require additional mechanical license fees. Mechanical licenses for duplication of audio-only material may be obtained from Harry Fox or from the publisher of the music.
d. This license does not grant any rights to the underlying copyright to the musical composition. Licensee understands that musical compositions that are currently under copyright (ie not in the Public Domain) may require the payment of additional licensing fees separate from this Agreement. Licensee agrees to pay these fees to the respective copyright owners in accordance with each copryight owner's licensing proceedures.
2. Licensee is hereby granted the perpetual, non-exclusive right and license to publicly perform, for profit or non-profit, and authorize others to perform the Music in connection with the Projects subject to the following:
a. Projects may be exhibited by means of television or radio by networks, local stations, pay-television systems or closed-circuits having valid performance licenses from the governing applicable performing rights societies in the territory of broadcast (e.g.,CCLI, ASCAP, BMI, SESAC, SOCAN, etc.) or from any other licensor acting for or on behalf of the copyright owner of the Music.
b. It is understood that clearance by performing rights societies in such portion of the territory as is outside of the U.S. will be in accordance with said performing rights societies' customary practices and the payment of their customary fees. (Note: performing license fees are typically paid by the broadcasters and by the Licensees of the Music. If you have any questions, please contact One Light Music.)
c. For all non-public domain songs, Licensee agrees to promptly furnish One Light Music with a complete and accurate music cue sheet for any Project that is broadcast on television or distributed theatrically. Such cue sheet shall correctly identify the copyright owner, publisher, song title, and length of use for all Music licensed from Spiritrax.com.
3. This license is subject to the additional terms outlined in Section 3 of this agreement.
Section 3: Additional Terms Applicable
to Both License Options
3.1. Spiritrax.com represents and warrants that it has the right to license one hundred percent (100%) of the Music recording throughout the world and grant all of the rights herein granted to Licensee and that this Agreement does not infringe on any the rights of any third parties.
3.2. The term of this Agreement is for the remainder of the current term of the U.S. Copyright in the Track(s) and all renewal terms thereof.
3.3. This Agreement does not authorize or permit any use of the Music not expressly set forth herein or to make any other use of the Music not expressly authorized hereunder. One Light Music reserves all rights not expressly granted to Licensee hereunder as set forth by US Copyright Law. All rights granted hereunder are granted on a non-exclusive basis.
3.4. One Light Music’s liability shall in no event exceed the actual license fee paid by Licensee. One Light Music accepts no responsibility for any loss of business or business profits resulting directly or indirectly from the usage or performance of the Music.
3.5. This Agreement shall be governed by and construed under the law and judicial decisions of the State of Arizona applicable to agreements to be wholly performed within said State. Should any paragraph or provision hereof, and the remainder of this Agreement shall be effective as if such void, invalid or inoperative paragraph or provision had not been contained therein.
3.6. This license is binding upon and shall inure to the benefit of the respective successors and/or assigns of the parties hereto.
3.7 Grandfathering of previous license terms.
Music and sounds purchased before the effective
date of this license will be governed by the license terms under
which the music and sounds were originally purchased.
IN THE EVENT OF ANY MATERIAL BREACH OF THIS AGREEMENT OR ANY UNAUTHORIZED USE OF THE MUSIC BY A THIRD PARTY, ALL RIGHTS GRANTED UNDER THIS AGREEMENT SHALL TERMINATE IMMEDIATELY. ANY CONTINUED USE OF THE MUSIC BY LICENSEE SHALL CONSTITUTE AN INTENTIONAL INFRINGEMENT OF THE COPYRIGHTS IN AND TO THE MUSIC. THE COPYRIGHT OWNER(S) OF THE MUSIC HEREBY RESERVES ALL THEIR RIGHTS TO LEGAL AND FINANCIAL REMEDIES AND RELIEF.