SOUNDGEAR PRODUCTIONS MUSIC LICENSE AGREEMENT
This license agreement (hereafter referred to as the "AGREEMENT") is made between ___________________ (hereafter referred to as the "LICENSEE") and the copyright owner(s) Brian C. Jilg OF SoundGear Productions (hereafter referred to as the "LICENSOR" or “SoundGear Productions”), in regards to the musical composition embodied in the LICENSEE’s production (hereafter referred to as the “Production” on the date of this agreement set forth below.
By purchasing a Monthly or Lifetime subscription to the catalog of music with SoundGear Productions, you are signifying your acceptance of the terms in this agreement. This agreement is posted on the Soundgear Productions website (https://soundgearproductions.com) and is subject to changes as needed.
LICENSOR guarantees that it owns and controls the rights represented herein with respect to the recordings and the musical compositions in the Work and has and will hold throughout the TERRITORY and during the DURATION the listed rights to exploit the Work as contemplated herein.
“Recording(s)” or “Work(s)” refers to each and every sound recording in the SoundGear Productions Catalog
“Subscription” refers to the music subscription service offered by SoundGear Productions and the right to use the Recordings in accordance with the terms set forth in this Agreement.
The mechanical, synchronization, and performance rights granted to the LICENSEE within the AGREEMENT include
right to release the Work as part of a Work in the medium(s) provided by the LICENSOR.
right to use the music as a soundtrack "synced" with visual images as part of a production;
right to use the music as part of the public viewing or broadcast of a production (including Social Media, Web Sites, podcasts, online ads, and, multimedia presentations.)
right to distribute the product or production while the AGREEMENT is still active.
The LICENSOR grants LICENSEE a non-exclusive perpetual license to use the Work herein.
RIGHTS NOT INCLUDED IN THIS AGREEMENT
The rights granted to the LICENSEE do not permit the LICENSEE to:
claim authorship of the music represented under this AGREEMENT;
transfer, share or sub-lease this license agreement with any other party;
copy or duplicate the Work except for use in the LICENSEE'S productions;
permit any other individual or third party the right to use the Work in place of the LICENSEE;
resell, trade, or exploit for profit the Work contained herein outright or as part of other music and/or audio-related collections, in part or in whole, to any other individual or party (although the music can be sold as part of the production, which is a clear and distinct product from Work itself.)
to use the content in TV, RADIO, or FILM without additional licensing fees to be discussed and payments made for additional licensing.
Collect performance royalties with respect to the Recordings
License the Recordings to a third party.
Redistribute the Recording as a song for sale or licensing
Reselling by incorporating into other royalty-free items such as stock video
Use in content that is obscene, pornographic, defamatory, or illegal in nature.
All rights and licenses granted hereunder are non-exclusive, non-transferable, and non-assignable and may not be sub-licensed. You may only use the Recordings in accordance with the rights and licenses granted under this agreement.
Example: If you are hired to create a production for a client, your license covers the specific project you are working on. Your client cannot use the music for a different project separate from what you were hired to create.
Subject to your compliance with this AGREEMENT, you may allow, and receive renumeration from, the display of third-party ads in connection with making available your production (video) on YouTube (monetization). You are responsible for clearing “Third Party Claims” in accordance with the guidance provided by SoundGear Productions on the website soundgearproductions.com. SoundGear Productions monetizes on unlicensed use of Recordings on YouTube and other platforms.
Should a production licensed under this agreement be monetized or otherwise receive a claim from SoundGear Productions, you may follow our Content ID guidelines, or notify SoundGear Productions at Soundgearproductions@gmail.com, and SoundGear Productions will discontinue monetization/release the claim without undue delay. SoundGear Productions will have no responsibility, and will not reimburse you, for any monetization of end products by SoundGear Productions for any period prior to such productions having been correctly cleared for monetization.
The territory of this contract is the entire universe.
The LICENSEE is not required to credit the Work to the composer, publisher, or LICENSOR in the LICENSEE's productions (in liner notes, rolling credits, verbal acknowledgment, etc.)
The term of the contract is effective on THE DATE OF PURCHASE.of a subscription service provided by SoundGear Productions.
The LICENSEE agrees to pay the LICENSOR the fee advertised on the website https://soundgearproductions.com less any discounts at time of check-out pursuant this agreement. The LICENSEE will not owe any future additional royalties or fees to the LICENSOR for future use of the Work within the terms of this AGREEMENT.
SoundGear Productions may change the monthly subscription fee (if you are signed up for that) and will notify you in advance. Price changes will take effect no earlier than at the start of the Subscription Period following the date of the change. If you do not accept the price change, you may terminate your subscription at any time.
You acknowledge and agree that the site soundgearproductions.com (and associated sites linked from there) are provided “as is” and SoundGear Productions disclaims all warranties express or implied, including but not limited to (a) implied warranties of merchantability or fitness for a particular purpose; (b) warranties as to the quality or performance of the materials, information, goods, services, technology and/or content provided under or in connection with this agreement, including but not limited to any limitations on user access to or use of content; and (c) warranties as to the performance of computers, technology and/or networks.
You may not wholly or partially assign or pledge any of its rights and/or obligations under this Agreement without MorningLightMusic’s prior written consent. MorningLightMusic may transfer this Agreement and/or wholly or partially assign or pledge any of its rights and/or obligations under this Agreement to any third party provided that such third party agrees to be bound to this Agreement
If one or more of the provisions contained in this Agreement is found to be invalid, illegal or unenforceable in any respect under applicable mandatory law, the validity, legality and enforceability of the remaining provisions shall not be affected. Such severed provisions shall be revised only to the extent necessary to make them enforceable.
Occasionally SoundGear Productions may, in it’s discretion, make amendments to this Agreement. If SoundGear Productions makes amendments to this Agreement that SoundGear Productions deems material for you, SoundGear Productions will notify you through the website. By continuing to use the site SoundGearProductions.com after changes to this Agreement have been made you are expressing and acknowledging your acceptance of the changes.
This Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Virginia without regard to any conflict of law provisions.