StockMusicSite.com License Agreement

StockMusicSite.com License Agreement

GENERAL TERMS
All audio tracks and albums (the "Track" or "Tracks") licensed from StockMusicSite.com come with an unlimited license for use in commercial and personal projects, including television production, radio and audio production, commercials, film, theatre, multimedia, games, Internet, corporate use and other media projects and performances. The Tracks can be used by Licensee in any type of broadcast, including national and international broadcasts, films, TV shows or series and large scale media distributions. Licensee does not have to pay any additional royalties for additional uses. Licensee pays once and can then use licensed Tracks forever. The StockMusicSite.com web site and all Tracks herein are owned by or commercially licensed to StockMusicSite.com from various publishers and content providers and Licensor is fully authorized to sub-license Tracks to sub-licensees under the terms of this License.

For all Tracks licensable herein, Licensee may use the Tracks during lifetime of Licensee within various different commercial and personal works, projects and productions as desired. Licensee may broadcast the Tracks as part of Licensee's production over any public or private network or transmission system. Licensee may transfer the Tracks to any medium necessary (video, film, tape, digital, etc.) to complete Licensee's production or project. For audio-only projects you must voice over the music in intervals of 30 seconds or less (does not apply to sound effect licensing). Licensee may edit the Track(s) as necessary for adaptation to Licensee's projects.

LICENSES PROVIDED
This agreement provides to Licensee a master-use license, a synchronization license and a mechanical license for the commercial and personal use of the Tracks and Albums licensed from this site. Performance license issues are covered in the next section.

PERFORMANCE LICENSE, PERFORMANCE ROYALTIES AND CUE SHEETS
For Internet uses and other public performance uses other OTHER THAN TELEVISION AND RADIO USES, a Direct License is provided herein, meaning that no performance royalties will be due from Licensee to any Performing Rights Organizations such as ASCAP, BMI, PRS for Music, etc.

For Television and Radio uses, this agreement does not include a performance license. The use of our Tracks in any kind of television or radio production requires the payment of performance royalties. This is true whether the production is a show, commercial, infomercial, film, video or audio program or any other type of production for televison or radio use. However, as our client (with exceptions noted in the following paragraph), since you are not actually performing or broadcasting the production, you do not have to pay performance royalties to organizations such as ASCAP or BMI. Licensee is however obligated to provide complete cue sheet information to Navarr Enterprises, Inc. for your production so that we may file a cue sheet for each use and collect performance royalties from the television or radio company that actually broadcasts (performs) your production. We provide cue sheet information with every track for your convenience.

If Licensee is a television or radio station, broadcaster or network, then performance royalties for use of any of our Tracks in a television or radio production which you broadcast directly requires the payment of performance royalties to the applicable PRO in your country (e.g. ASCAP, BMI, etc) at standard rates as charged by the PRO in your country. The PRO that you pay performance royalties to will provide the public performance license which you require in order to publicly perform a production which includes one or more of our Tracks.

ACCEPTABLE USAGE EXAMPLES
To clarify the various types of uses permitted of our Tracks, here's some examples of acceptable uses:

Soundtrack for motion picture production, trailer, preview, intro, extro or header
Soundtrack for TV show production, trailer, preview, intro, extro or header
TV and radio advertising content or effect (for ad, donut, intro or content)
Backing music for a web site or webcast
Soundtrack for video games, electronic games, and computer games, whether distributed online, CD-ROM, DVD or via any other media
Sound track embedded in electronic devices such as phones or other hardware
Soundtrack for software applications, whether distributed online, CD-ROM, DVD or via any other media
Embedded in a toy or product
Corporate, theatre and competition use (live performances, presentations, seminars, meetings)
Soundtrack for video production
Soundtrack for student films, project films and other short video or multimedia productions, whether for personal or commercial use
Small business professional local use (massage, therapy, dance studios or similar)
Embedded in any product for sale or for giveaway

CONTENT USE LIMITATIONS AND RESTRICTIONS
Licensee may not distribute, sell, rent, lease, sublicense, assign, or otherwise transfer any of the Tracks except as incorporated in a product or production. Licensee may not distribute the Tracks independently of a product or production, or with any directions or instructions as to how the Tracks may be extracted from a production, or with any invitation, suggestion or authorization that the Tracks may be extracted from a production. Licensee may not alter or delete any "watermark" or other ordinarily imperceptible identifier embedded within the Tracks. Licensee may not distribute the Tracks in native format or reformatted, filtered, re-synthesized or otherwise edited, for use as sounds, music, multi-sounds, samples, multi-samples, programs or patches in a sampler, sample playback unit, website, compact disc (CD), DVD, computer, software or mobile phone. Licensee may not claim ownership or authorship of the Tracks or Albums licensed herein. Licensee cannot resell Tracks apart from Licensee's project or production - the Tracks must be incorporated into some kind of project or production to provide audio content for the project or production for the end-user. YOU MAY NOT RESELL THE CONTENT ON AUDIO-ONLY CDs OR IN ANY KIND OF AUDIO-ONLY FORMAT WITHOUT FIRST NEGOTIATING WITH AND LICENSING THE CONTENT ON A PER-CD OR PER-UNIT ROYALTY RATE FROM STOCKMUSICSITE.COM.

Additionally, you MAY NOT record lyrics over the top of any of the music available at StockMusicSite.com and release the new song as an audio-only release on CD or any other media. Adding vocals to a music track creates a new creative composition and such use of the music available at StockMusicSite.com is strictly prohibited. But please note that you can use and embed any of the tracks listed under the Sound Effects and Beats & Loops sections of this site into your own music composition and production.

For questions about these licensing restrictions please contact info@stockmusicsite.com to discuss your desired use of the Track(s).

TERM
Perpetuity - This license agreement is effective for the lifetime of the Licensee

TERRITORY
The World

MEDIA USE PERMITTED
All media now known or hereafter devised

NO REFUNDS
Stock Music Site does not generally provide refunds. You have the full opportunity to preview all Tracks before you buy them individually. Once you have made a purchase and downloaded various Tracks, we have no way to "take back" or remove any sound content from you that you may have downloaded. Consequently, all sales are final. Any requests for partial or full refunds are reviewed on case by case basis, and certainly, if there is some problem on our end, we will work with you to resolve the problem. We strive to be fair to our clients.

ACCURATE INFORMATION
You agree that all information that You provide to Navarr Enterprises, Inc. at any and all times is accurate, complete and not misleading in any material respect. You will not disclose access codes or passwords used in accessing any area of the StockMusicSite.com website to any other party and will maintain such codes or words as confidential. You will exercise due diligence and maintain strict safeguards on all Tracks received by you from StockMusicSite.com to prevent unauthorized use or distribution thereof.

INDEMNIFICATION
You will indemnify, save, hold harmless and defend Navarr Enterprises, Inc. from and against any and all claims, demands, suits, damages, liabilities and all reasonable expenses, including attorneys' fees, against or suffered by Navarr Enterprises, Inc. with respect to any matter that arises as a result of a breach of this Agreement by You.

LIMITATION OF LIABILITY
You agree that the cumulative liability of Navarr Enterprises, Inc. with respect to any claims made in relation to or arising out of this agreement on any theory or basis will not exceed the license fee paid by You for the Tracks.

CHOICE OF JURISDICTION
This License Agreement will be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of laws provisions.

ASSIGNMENT
Licensee shall have no right to assign its rights and obligations hereunder to any person, firm or corporation without the prior written consent of Licensor, except for an assignment by Licensee to any distributor or sub-distributor of the Licensee's Project which includes Track. This Agreement is binding upon and shall inure to the benefit of the respective successors and/or assigns of the parties hereto; provided, however, that Licensee shall remain liable for the performance of all terms and conditions of this Agreement.

This is a legal agreement between you, the end user, and Navarr Enterprises, Inc. Purchasing and use of any Tracks or Albums from StockMusicSite.com constitutes acceptance of these terms.