End User License Agreements
MUSIC END USER LICENSE AGREEMENT
IMPORTANT - PLEASE READ CAREFULLY
By licensing, copying, downloading or otherwise using recordings of musical compositions (hereinafter referred to as "Music Tracks") from Soundscalpel, you (hereinafter referred to as "the Licensee") agree to be bound by the terms of this End User License Agreement (hereinafter referred to as the "EULA"). If you do not fully agree to the terms of this EULA, you may not use, copy, keep or store the Music Tracks.
Soundscalpel or its licensors reserves all rights not expressly granted to the Licensee.
Grant of License
All Music Tracks available from Soundscalpel are licensed, not sold by Soundscalpel, to you, the Licensee. Soundscalpel remains at all times either the owner or Licensor of the Music Tracks.
Permitted uses of Music Tracks
In consideration of payment of the License fee, which is a portion of the price you pay, Soundscalpel grants to the Licensee through this EULA one of the following two options, dependent on Licensee’s use of the Music Track as described hereunder.
Option A: Non-Broadcast License
The Non-Broadcast License covers the inclusion and synchronisation of the Music Tracks in any project, production or programme that will NOT be broadcast on television, radio or in a film (commercial release and/or distribution). If a project will not be broadcast, it is most likely to be covered by this License (excluding ‘on-hold’ telephone music which is regarded as a public performance and is covered under the Broadcast License). The Non-Broadcast License grants to the Licensee a limited, non-exclusive worldwide right to include the Music Track in a production:
Typical usages under the Non-Broadcast License include, but are not limited to:
Personal/student films for private viewing, Internet websites, YouTube videos, presentations, theatrical productions, non-broadcast/retail videos and DVDs, festivals/live events.
Important: Use of Music Tracks on UK Websites:
PRS (Performing Right Society) collect broadcast royalties from UK companies who use music on their UK based websites. If your intention is to use a Music Track on your UK based website, you will also need to buy a Performing Right Online License from PRS (in addition to this Non-Broadcast License). More information can be found on the PRS website here.
Option B: Broadcast License
This Broadcast License covers any project, production or programme that is intended for, or is at any time broadcast via such broadcast networks including but not limited to terrestrial, digital, cable or satellite television or radio, or used in a commercially released and/or distributed film. ‘On-hold’ telephone music is also regarded as a public performance and is covered under this Broadcast License. Using the Music Tracks under the Broadcast License requires the Licensee to accurately complete a cue sheet and within seven days of the Licensee’s use of the Music Tracks to submit the completed cue sheet to the Licensee’s local Performing Rights Organisation, and a copy of the completed cue sheet to Soundscalpel. The Broadcast License grants to the Licensee a limited, non-exclusive worldwide right to include the Music Track in a production for broadcast:
Exclusions
Option A and Option B Licenses DO NOT cover music tracks to be used in ‘physical products’ (such as toys and greetings cards) or software games or videogames without a separate and specific agreement to be made between the Licensor and the Licensee. For more information, please contact us.
Restrictions on use
The Licensee may use the licensed Music Tracks under either Option A: Non Broadcast License or Option B: Broadcast License in any audio/ visual production (hereinafter referred to as "Production"), such as a film, television or video programme, animation, advertisement, Website, CD or DVD-ROM, commercial sound recording, audio download, software product, personal ringtone, or other media or multimedia production, without paying any additional royalties, License fees, or any other fees to Soundscalpel or third parties, subject to the following restrictions:
- The Licensee may not lend, share, distribute, sell, rent, lease, sublicense, assign, or otherwise transfer any of the Music Tracks except where Music Tracks have been incorporated by the Licensee in a Production.
- The Licensee may not distribute the Music Tracks independently of a Production, in that Music Tracks may be synchronised with images as an integral part of a Production, or used as part of an audio production, but are not to be distributed as "standalone" Music Tracks.
- The Licensee may not cause or allow the Music Tracks to be electronically transmitted or available to file sharing networks.
- The Licensee may not alter or delete any "watermark" or inaudible identifier embedded within the Music Tracks.
- The Licensee may not distribute the Music Tracks, either in their original file format or any other file format, or otherwise edited, for use as Music Tracks, sounds, samples, multi-samples, programs or patches for hardware or software samplers, sample playback units, sound modules, websites, compact discs (CDs), digital versatile discs (DVDs), flash discs, USB memory stick, computers or any other media for sound storage or generation.
- The Music Tracks may not be used as source playback from any device utilising Flash Memory or Read Only Memory, nor may the Music Tracks be embedded in any hardware circuit or chip set without a separate and specific Agreement with Soundscalpel.
- The Licensee may not make derived musical works from, or out of the Music Tracks, where instrumentation, vocals or any other musically composed element be added to the Music Tracks. Such derived musical works are not permitted by the Licensor, nor may they be treated as a new composition. However, adding a voice-over to the Music Tracks for the purpose of creating products such as ‘meditation music’, ‘relaxation music’, ‘self help music’ etc is permitted.
Accuracy of information
The Licensee agrees that all information that it provides to Soundscalpel is true, accurate, complete and not misleading in any way. The Licensee may not disclose to any other party any passwords or access codes to any area of the Soundscalpel Website, and agrees to maintain confidentiality of such codes. The Licensee will exercise due diligence and keep safe from unauthorised access all passwords, access codes, data, Music Tracks, sounds or other copyright material owned by Soundscalpel and its licensors.
Indemnification
The Licensee will indemnify, save, hold harmless and defend Soundscalpel from, and against any and all claims, demands, suits, damages, liabilities and all reasonable expenses, including legal fees incurred by Soundscalpel with respect to any matter that arises as a result of a breach of this Agreement by the Licensee.
Disclaimer of warranties
Soundscalpel supplies Music Tracks on an "as is" basis, and expressly disclaims all warranties of conditions of any kind, whether express or implied, including without limitation, any implied warranty of title, non-infringement, merchantability or fitness for a particular purpose with respect to its Website, or to any services supplied to its Licensees.
Limitation of liability
The Licensee agrees that Soundscalpel's entire liability with respect to any claims made in relation to or arising out of this agreement will not exceed the License fee paid by the Licensee for licensing the Music Tracks.
Jurisdiction
This Agreement shall be governed by and construed in accordance with the Laws of England and the English Courts shall have sole jurisdiction.
Entire agreement
This License Agreement constitutes the entire agreement between Soundscalpel and the Licensee with respect to the Music Tracks. Any modification or waiver of any of the provisions of this agreement must be in writing and signed by both parties, or conducted by both sides via the Soundscalpel Website.
SOUND EFFECTS END USER License AGREEMENT
IMPORTANT - PLEASE READ CAREFULLY
By licensing, copying, downloading or otherwise using sound effects (hereinafter referred to as "Sounds") from SoundScalpel, you (hereinafter referred to as "the Licensee") agree to be bound by the terms of this End User License Agreement (hereinafter referred to as the "EULA"). If you do not fully agree to the terms of this EULA, you may not use, copy, keep or store the Sounds.
SoundScalpel or its licensors reserves all rights not expressly granted to the Licensee.
Grant of license
All sounds available from SoundScalpel are licensed, not sold by SoundScalpel, to you, the Licensee. SoundScalpel remains at all times either the owner or Licensor of the Sounds.
Permitted uses
In consideration of payment of the license fee, which is a portion of the price you pay, SoundScalpel grants to the Licensee through this EULA the following limited, non-exclusive worldwide rights for a term of 90 years:
The Licensee may use the purchased Sounds in any audio/ visual production (hereinafter referred to as "Production"), such as a film, television or video programme, animation, advertisement, Website, CD or DVD-ROM, commercial sound recording, audio download, video game, software product, personal ringtone, or other media or multimedia production, without paying any additional royalties, license fees, or any other fees to SoundScalpel or third parties, subject to the following restrictions:
Restrictions on use
- The Licensee may not lend, share, distribute, sell, rent, lease, sublicense, assign, or otherwise transfer any of the Sounds except where Sounds have been incorporated by the Licensee in a Production.
- The Licensee may not distribute the Sounds independently of a Production, in that Sounds may be synchronised with images as an integral part of a Production, or used as part of an audio production, but are not to be distributed as "standalone" Sounds.
- The Licensee may not cause or allow the Sounds to be electronically transmitted or available to file sharing networks.
- The Licensee may not alter or delete any "watermark" or inaudible identifier embedded within the Sounds.
- The Licensee may not distribute the Sounds, either in their original file format or any other file format, or otherwise edited, for use as sounds, multi-sounds, samples, multi-samples, programs or patches for hardware or software samplers, sample playback units, sound modules, websites, compact discs (CDs), digital versatile discs (DVDs), computers or any other media for sound generation.
- The Licensee may not make copies of the Sound Recordings and is limited to one copy for use on a single stand-alone workstation. A separate Mechanical Copyright License must be obtained from SoundScalpel to allow the Licensee to make and use multiple copies of any Sounds distributed by SoundScalpel.
- The Sounds may not be used as source playback from any device utilising Flash Memory or Read Only Memory, nor may the Sounds be embedded in any hardware circuit or chip set without a separate and specific Agreement with SoundScalpel.
Accuracy of information
The Licensee agrees that all information that it provides to SoundScalpel is true, accurate, complete and not misleading in any way. The Licensee may not disclose to any other party any passwords or access codes to any area of the SoundScalpel Website, and agrees to maintain confidentiality of such codes. The Licensee will exercise due diligence and keep safe from unauthorised access all passwords, access codes, data, Sounds or other copyright material owned by SoundScalpel and its licensors.
Indemnification
The Licensee will indemnify, save, hold harmless and defend SoundScalpel from, and against any and all claims, demands, suits, damages, liabilities and all reasonable expenses, including legal fees incurred by SoundScalpel with respect to any matter that arises as a result of a breach of this Agreement by the Licensee.
Disclaimer of warranties
SoundScalpel supplies Sounds on an "as is" basis, and expressly disclaims all warranties of conditions of any kind, whether express or implied, including without limitation, any implied warranty of title, non-infringement, merchantability or fitness for a particular purpose with respect to its Website, or to any services supplied to its Licensees.
Limitation of liability
The Licensee agrees that SoundScalpel's entire liability with respect to any claims made in relation to or arising out of this agreement will not exceed the license fee paid by the Licensee for licensing the Sounds.
Jurisdiction
This Agreement shall be governed by and construed in accordance with the Laws of England and the English Courts shall have sole jurisdiction.
Entire agreement
This License Agreement constitutes the entire agreement between SoundScalpel and the Licensee with respect to the Sounds. Any modification or waiver of any of the provisions of this agreement must be in writing and signed by both parties, or conducted by both sides via the SoundScalpel Website.
