YOUR SIGNED LICENSE HAS BEEN SUBMITTED. READ ON FOR INSTRUCTIONS TO COMPLETE YOUR TRANSACTION.
1. Please print a copy of the license agreement (below) for your records and file it in a safe place for your future reference.
2. To complete this transaction, send payment for your license via PayPal to email@example.com.
3. After receipt of your payment has been confirmed by Instupendo, within 24 hours, a download link to a 320 kbps high-quality, untagged MP3 file of the licensed Sound Recording will be sent to the email address you provided when executing the license agreement.
If you have questions about the license or payment, or difficulty with the download link, please direct them to firstname.lastname@example.org.
License Agreement Terms (Print and File for Future Reference):
PLEASE READ AND UNDERSTAND THE TERMS OF THIS AGREEMENT BEFORE FINALIZING YOUR PURCHASE:
The following serves as a legally binding agreement made on the date listed below ("Effective Date") between Instupendo (“Licensor”) and “Licensee”. Licensor warrants that it controls the full rights (copyright and ownership) in and to the Musical Composition and related Sound Recording (the “Original Composition and Recording”) being licensed to Licensee. The Licensee and Licensor have agreed to the following terms:
1. Payment: The Licensee agrees to pay the Licensor a non-refundable fee for the non-exclusive use of the Original Composition and Sound Recording being licensed in this Agreement for the purpose of creating a New Composition and New Sound Recording (collectively, the “New Song”).
2. New Sound Recording and Composition: The Licensor hereby grants the Licensee the non-exclusive right to record vocal to the Original Composition and Sound Recording in its original, unedited form . The Licensee understands that their non-exclusive usage of the Original Composition and Sound Recording is limited to one (1) New Song. Licensee must supply the Licensor with a copy of the New Song. If the Licensee wishes to use the Original Composition and Sound Recording in other new compositions or recordings, then the Licensee must obtain another license to use the Original Composition and Sound Recording from the Licensor.
3. Ownership: The Licensor maintains 100% copyright and ownership of the Original Composition and Sound Recording, and can continue to sell it/them. The Licensee may not sell, distribute, loan, rent, lease, assign, remix or rearrange the Original Composition and Sound Recording or transfer their rights under this Agreement to another user (example - Record Label, another production company, another producer), or for use in any competitive product. Furthermore, Licensee may not register New Song with a Performing Rights Organization (e.g. BMI, ASCAP, SOCAN, PRS, APRA, etc.).
4. Commercial Distribution: The Licensor grants to the Licensee the right to sell twenty-five hundred (2,500) royalty-free copies of the New Song on any combination of the following mediums worldwide: compact disc, phonographic record, cassette tape, USB Stick, DVD, and digital download stores such as iTunes, Amazon, Google Play, Bandcamp, etc. (collectively, “Recordings”). Selling more than 2,500 Recordings requires the Licensee to acquire a new license under terms Licensor shall then determine. In the event that such a new license is not secured, Licensee expressly agrees to remove the New Song from any marketplaces, stores, etc. to avoid the song from being sold or monetized thereafter.
5. Non-Commercial Distribution: The Licensor grants to Licensee a non-exclusive right to upload the New Song to SoundCloud for unlimited free streaming and distribution of up to five hundred (500) free downloads. Licensee may not monetize such streaming.
6. Performance Rights. The Licensor hereby grants to Licensee a non-exclusive License to use the new composition in unlimited non-profit performances, shows, or concerts. The Licensee may earn up to one thousand ($1,000) US Dollars in compensation or ticket sales using the New Song in performances.
7. Broadcast Rights. The Licensor expressly forbids the broadcasting, streaming or airing of the New Song on terrestrial, satellite, internet, or other radio stations, interactive streaming services (except as set forth in Section 5 above), or television/cable stations.
8. Synchronization Rights and Special Uses. The Licensor hereby grants to Licensee a non-exclusive License to synchronize the New Song with one (1) video (a music video) for non-commercial use only. Terms for commercial use of the new composition (YouTube, TV, movie, commercials, websites, video games) must be negotiated separately with Licensor in writing, in advance of any such desired use.
9. Credit: The Licensee must give verbal production credit to the Licensor when performing the new composition and written production credit for any and all distributed material, physical or digital. Unless written consent is obtained from Licensee for changes, credits shall be clearly visible and written exactly like this: "Produced by Instupendo" or "Prod. by Instupendo".
10. Sample Clearances: The Licensee understands that the original Instrumental that is being licensed in this agreement does not contain any unapproved samples. The Licensee also understands that they are responsible for clearing all samples that they choose to use and that the Licensor cannot and will not be held liable for the misuse of any sampled material that the Licensee uses in conjunction with the Original Composition and Sound Recording being licensed in this agreement.
11. Term. Once executed by the Licensor and the Licensee, this Agreement shall not expire.
12. Indemnification. Licensee agrees to indemnify and hold Licensor harmless from and against any and all claims, losses, damages, costs, and expenses, including, without limitation, reasonable attorneys' fees, arising out of or resulting from a claimed breach of any of Licensee's representations, warranties or agreements hereunder.
13. Limitation of Liability. Licensor’s liability to Licensee is hereby expressly limited to the License fee paid to Licensor by Licensee.
14. Miscellaneous. This License is non-transferable and is limited to the Instrumental specified, constitutes the entire agreement between the Licensor and the Licensee relating to the Instrumental, and shall be binding upon both Licensor and Licensee and their respective successors, assigns, and legal representatives. If any part of this License is held to be void, invalid or unenforceable, it shall not affect the validity of the balance of the License.
15. Governing Law. This License is governed by and shall be construed under the laws of Pennsylvania without regard to the conflicts of laws and principles thereof.
By clicking the “I Agree with the Terms” button below, you (the Licensee) declare that you have read, understood, and agreed to the above terms of agreement. You will adhere to the terms detailed in this agreement and are aware that any breach of this contract will result in the revocation of non-exclusive rights listed in this agreement. Additionally, by violating the above terms, any recording that contains any portion of the Original Composition and Sound Recording being licensed without written permission from the Licensor would constitute a violation of copyright law. This violation is punishable by legal action.
non-exclusive prodbyinstupendo license v. 6-2016