LICENSE AGREEMENT
This license agreement (hereafter referred to as the AGREEMENT) is made between the purchaser (hereafter referred to as the LICENSEE) and the publisher Fated Press LLC (hereafter referred to as the LICENSOR), in regards to the music, (hereafter referred to as the REPRESENTED TRACKS) set forth below.
GENERAL TERMS
The mechanical, synchronization, and performance rights granted to the LICENSEE within the AGREEMENT include (1) the right to re-record, duplicate and release the REPRESENTED TRACKS as part of a production in whatever medium(s) necessary (i.e., video, film, CD-ROM, DVD). If the music is used in software such as a video game application or other software product, the music must be embedded so that the end-user of the software or video game is unable to extract or use the music on its own; (2) right to use the music as a soundtrack synced with visual images as part of production; and (3) right to use the music as part of the public viewing or broadcast of production (including but not limited to TV shows, videos, DVDs, Web Sites, podcasts, multimedia presentations, and films).
LICENSE
LICENSEE agrees to the terms of use as detailed in the table below.
| Usage or Usage Type | Standard License | Premium License |
|---|---|---|
Web |
||
|
YES | YES |
|
NO | YES |
|
YES | YES |
|
YES | YES |
|
NO | YES |
Film and Cinema |
||
|
YES | YES |
|
NO | YES |
|
NO | YES |
Broadcast |
||
|
YES | YES |
|
NO | YES |
|
NO | YES |
|
NO | YES |
Applications and Games |
||
|
YES | YES |
|
NO | YES |
A retail store or automated system background music |
||
|
YES | YES |
|
NO | YES |
Mass-produced CD/DVD/BluRay or similar physical media |
||
|
YES | YES |
|
NO | YES |
Audiobook |
||
|
YES | YES |
|
NO | YES |
An electronic book (e-book any format) |
||
|
YES | YES |
|
NO | YES |
** Exclusion** – (where the licensed music is not part of the produced media as a standalone track, licensed music is not incorporated or “re-mixed” into a new musical work, licensee of the music asserts no claim of ownership, the licensee is not allowed to re-sell or distribute licensed music as stand-alone track(s))
RIGHTS NOT INCLUDED IN THIS AGREEMENT
The rights granted to the LICENSEE do not permit the LICENSEE to (1) claim ownership or authorship of the music represented under this AGREEMENT; (2) transfer, share or sub-lease this license agreement with any other party; (3) copy or duplicate the REPRESENTED TRACKS except for use in the LICENSEEs productions; (4) permit any other individual or a third party the right to use the REPRESENTED TRACKS in place of the LICENSEE; (5) resell, trade, or exploit for profit the REPRESENTED TRACKS contained herein outright or as part of other music and/or audio-related collections, in part or 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 REPRESENTED TRACKS themselves.) The LICENSOR maintains all intellectual property rights concerning the marketing and sales of all tracks and any infringement thereof is punishable by law.
TERRITORY
The territory of this contract is the world.
CREDITS
The LICENSEE is required to credit the REPRESENTED TRACKS to the LICENSOR in the LICENSEEs productions. LICENSEEs credit should be in written credits within the production or verbal credits within the production and should be formatted as [Title of the music track(s)] by Fated Press, www.fatedpress.com.
DATES
The term of the contract is effective on [DATE_OF_PURCHASE] pending that the payment of FEES and delivery of REPRESENTED TRACKS has occurred. The duration of the AGREEMENT shall continue throughout the duration of the lifetime of the LICENSEE.
FEES
The LICENSEE agrees to pay the LICENSOR a one-time synchronization fee. The LICENSEE will not owe any future royalties or fees to the LICENSOR for future use of the REPRESENTED TRACKS within the terms of this AGREEMENT.
REPRESENTATION AND WARRANTIES
LICENSOR represents and warrants ownership of the full right and authority to enter into this Agreement and grant you all of the rights and licenses herein granted.
LIMITATION ON LIABILITY
The LICENSEE agrees that LICENSOR’s liability concerning any claims of legal actions for you or any person deriving any rights from you shall solely be limited to the actual price paid for the license.
PRIVACY
At no time will the LICENSOR share, distribute, or sell LICENSEE details to any other company or entity.
FINAL PROVISIONS
The LICENSEE confirms they have read and understood the above licensing agreement by purchasing the REPRESENTED TRACKS. The LICENSOR confirms acceptance of the terms contained therein without reserve.