BY PURCHASING ANY AUDIO, SOUND OR MUSIC FILES (Music tracks, Music loops, Music edits, Sound Effects, Audio files, Digital files etc. - HEREAFTER "AUDIO CLIPS") FROM NEO Sounds LLC (hereafter "NEO Sounds"), FROM ITS WEB-SITE(s) OR FROM ONE OF ITS AUTHORIZED RESELLERS, AFFILIATES or PARTNERS (hereafter "NEO Sounds Group"), YOU (business entity, company, individual or any other legal entity etc, acting itself or through a legal representative - hereafter "Licensee") HEREBY AGREE TO THE FOLLOWING TERMS AND CONDITIONS:
"Licensee" shall have a non-exclusive, worldwide, perpetual, non-transferable right to use "audio clips" as described below:
1. Synchronization Rights
"Licensee" may use "audio clips" in connection with or in timed relation to a visual image or other multimedia content as many times as it desires, in as many projects as it desires, for as long as it desires in any type of audio/visual production, including, but not limited to, film/video production, television, radio, broadcast production, podcast production, commercials, trade shows/presentations, flash animations, Web sites (as background audio), multimedia presentations, slide-shows, games, software application, theatrical releases, advertising, telephone on-hold messages, in-store (shopping centers), audio books, productions for distribution/sale, and any other commercial and non-commercial projects (hereafter "Project").
2. Mechanical Rights / Mass Production / Distribution
"Licensee" may produce and sell, distribute, give to download, or give away up to 10,000 copies/units of any "Project" containing "audio clips". Use in mass market distribution of 10,000 or more units/copies/downloads of a "Project" containing "audio clips" requires obtaining a "Mass Market License".
Licensee does not need to obtain the "Mass Market License" if "Project" is available/accessible remotely for free without downloading it and without collecting any fees from customers for use of "Project" or if "Project" is available only to stream (not download) - e.g., online video, podcasts, free online games, Web site background audio.
However, use of "audio clips" in "Paid Online Projects" or "Paid Streams" (e.g., paid online games/courses/podcasts, etc.), for which customers pay to play/access/view and for which fees are collected and the number of sales of "Project" exceeds 10,000, requires obtaining a "Mass Market License".
Please note: "Licensee" does not need to obtain a "Mass Market License" for Sound Effects. The standard license covers an unlimited number of copies of any "Project" containing sound effects.
3. Broadcasting / Public Performance Rights
"Licensee" may use "audio clips" in local and regional TV/radio broadcast projects - i.e. TV/radio commercials, promotional broadcasts, any audio/visual projects that are broadcast through any kind of TV/radio/cable networks (including, but not limited to, films, video programs, TV shows, etc.). Use in national and worldwide radio/TV broadcast requires obtaining "Mass Market License."
"Licensee may" use "audio clips" as background audio in restaurants, hotels, shopping centers, concert shows, etc.
Film and theatrical festivals are covered by the license, and "Licensee" may use "audio clips" in films and theatrical releases that are participating in contests and festivals. However, use in commercially released films and theatrical releases that are shown to the general/mass public and where a fee is collected requires obtaining a "Mass Market License".
Broadcast and public performance use requires filling in and submitting a cue sheet (reporting use of music) to a local Performing Rights Organization (hereafter "PRO") or providing a broadcaster with the proper cue-sheet. No additional fees are associated with submission of cue sheets for producers. Please note: cue-sheet submissions are required for "audio clips" registered with a PRO by a composer/publisher. If a producer of "audio clips" is not a member of any PRO or if its "audio clips" are not registered with any PRO, then reporting use of "audio clips" is not required. Please read more about cue sheets.
"Licensee" may use "audio clips" as background audio for its Web/Flash sites, Podcasts, Web games, Web applications, Web courses, Internet videos (YouTube, MetaCafe, Google Video, MySpace, etc). However "Licensee" may not provide "audio clips" for download or stream as the "sole content." It also relates to sound effects.
"Licensee" may install and use "audio clips" as On-Hold audio and play such a clip to its clients/customers/callers. However, "Licensee" may not install/incorporate "audio clips" into its commercially produced and released on-hold systems that are sold to other individuals or companies. Such usage is licensed separately by contacting "NEO Sounds." Please note: in some cases playing music through on-hold systems may require filing of cue sheets to appropriate agencies.
6. Audio Books / Audio Courses/Audio Trainings
"Licensee" may use "audio clips" for creating any types of audio books, audio courses, meditation/healing/aerobics/training, and similar tapes/CDs/DVDs/cassettes, etc. However, "audio clips" may not be used as a stand-alone element/audio track in such projects. At least spoken words/voice must be added to /mixed with over "audio clips."
7. Editing Audio Clips / Derived Works
"Licensee" may modify or alter "audio clips" (crop, lengthen, shorten, fade, pitch, filter, loop, etc.) to fit the requirements of its Project. If such modification or alteration constitutes a derivative work (a work based upon "audio clips") "Licensee" does not acquire any copyright ownership or equivalent rights in or to any of the "audio clips", and "Licensee" shall use such derivative work only in accordance with this "Terms and Conditions."
8. Prohibited Uses
"Licensee" may not:
- transfer the rights, sub-license, sell, resell, present, lease, lend, distribute, copy (except for the backup copy), share, provide to download, and/or transfer "audio clips" to any other individual or production company.
- create/produce new musical works based on "Audio Clips" (musical compositions, songs), release and distribute them;
- use/include "audio clips" in different types of music compilations, like music compilation CDs/DVDs, where "audio clips" are stand-alone elements/tracks;
- use or redistribute "audio clips" as a part of Web site templates that are offered to multiple end-users;
- use or redistribute "audio clips" as a part of telephone or mobile phone ringtones;
- incorporate "audio clips" into any hardware system;
9. Refund policy
"NEO Sounds" is unable to accept cancellation of any orders for digital downloads, nor to offer any refund for such orders, once downloading has commenced. Each of the "audio clips" has a sample, extract, or preview that is available for evaluation before purchasing and that clearly demonstrates the content of each item, thereby giving the "Licensee" a clear understanding of what it is purchasing. However, in case of technical issues or errors on the website, associated with payments or charges or in case where "audio clips" are corrupted, a refund can be issued by request.
In case a sale is reversed or cancelled or money refunded to the "Licensee" for any reason, all rights granted under this License will immediately terminate. "Licensee" must stop use of "audio clips" and destroy all copies of "audio clips".
"Audio Clips" are copyrighted and protected under the various laws of the United States, International treaties and other applicable laws and remain the sole and exclusive property of their respective copyright owners.
12. Representations and Warranties
"NEO Sounds" represents and warrants that it has full authority to grant all the rights contemplated by the license terms and that it has obtained all necessary permissions from any and all artists or copyright owners to grant such rights to Licensee.
MASS MARKET LICENSE
This license grants all rights included in the "Standard License" plus the following:
- Allows to sell, distribute, give to download, or give away unlimited number of copies/units/downloads of "Project" containing "audio clips".
- Covers National and Worldwide TV/Radio broadcast.
- Covers commercially released films and theatrical releases.
The cost of the "Mass Market License" is calculated as the cost of the "Standard License" multiplied by 2.5. You can start with our "Standard license" and then upgrade to the "Mass Market License" if necessary.