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Music License Agreement
This music license agreement governs the relationship between PROHEMIUM and/or its respective content authors/copyright owners ("The Licensor") and you ("The Licensee"). By purchasing a music license from us, you agree to be held responsible and bound by the terms and conditions ("Music Agreement") outlined in this document which equally apply to the license that you purchase.
There are two primary terms used in this license concerning your permitted usage of our licensed music:
Project: A project where you include, embed and/or synchronize our music with your content.
Sound Recording: A music instrumental track available for licensing from PROHEMIUM and/or its respective content authors/copyright owners.
By purchasing a web or premium license, PROHEMIUM and/or its respective content authors/copyright owners grant you ("The Licensee") a limited, commercial, non-exclusive, non-transferable, worldwide (except in instances where it is limited to national territory) license to use the musical work ("sound recording") in an ongoing manner and in alignment with our terms and conditions outlined in this music agreement. Our Frequently Asked Questions web page acts as a part of our licenses. The license becomes effective for you when we receive your payment of a specific licensing fee in alignment with our rates outlined on our website.
Your license allows you to synchronize the licensed sound recording in one project to produce a single end product. The end product has to incorporate the licensed sound recording along with other elements in order to form a unique project that is different from the initial sound recording. (e.g. A YouTube video about a specific topic with a voice over where the music is synchronized in the background,etc.)
Public Broadcastings (TV/Radio) and Cinema Releases for Film are not allowed use for the web license. (Indie film projects are fine) If you plan on synchronizing our music with a public broadcasting project, you will need a Pro License:
Please be advised that you need to fill out cue sheets If you plan on using our music in TV/Radio projects, in order to correctly report the music used in Television and Radio broadcasting productions for public performance rights. You fill out the cue sheets with the production companies and networks that you work with and we require you to send us a copy via email to inquire[at]tuta.io. We provide all necessary cue sheet details upon request.
Due to the fact that most practical use cases are covered by the web license, pro licenses are only available via request. If you are working on a project that falls under the Pro License requirements outlined in our license and documentation, please message us via inquire[at]tuta.io.
Your license is not limited or bound by a certain amount of views or impressions for your single end product. Whether you generate 1.000 views or 1.000.000 views, your license shall remain. Despite all licenses being "single licenses", you may distribute one end product through different platforms and create variations of that end product to publish content that is native to each platform.
Your license allows you to create one end product for a customer/client with our music under the terms outlined in this license agreement, especially in respect of 3#: Allowed Use & Limitations. Please be advised that once you transfer the single end product to your client, the license for the music is then transfered as well.
In order to ensure flexibility for your project, you may modify or combine the sound recording with other elements to adjust your project. Please be advised that the modified result that is based on our sound recording is subject to this license and the ownership will not transfer to you, regardless of the degree of alteration.
As per our "single use" licence policy, you can only ever use one license for one project.
Each seperate project requires it's own license.
Limitation of source files
Any distribution of the "raw" files is strictly forbidden. Raw refering to all source files included directly in your download that you receive after purchase. Modifications, as well as adding our music in a bundle/package or even re-branding does not remove the legal effect of the license and is equally forbidden.
Reselling, re-branding or otherwise providing the sound recording, as part of competing products such as music libraries regardless of whether they are commercial or free is prohibited.
You are prohibited to sell, transfer or otherwise appoint the music track/s and/or the relevant rights assigned to any other third party. Any sharing, sublicensing or giving away is equally forbidden.
Important notice for musicians
All of the sound recordings belonging to PROHEMIUM and/or its respective content authors/copyright owners are intended for one end product synchronisation music licesing. Our sound recordings can therefore not be used for artists or musicians trying to create own songs. Adding lyrics or vocals on top of our music for the purpose of claiming it as an original recording or selling it as music on platforms such as iTunes is not allowed.
Generators & Customization by design
If you plan on using the sound recording in a project that allows customization by design for customers, such as on demand services, or generators, you would need a single license for each rendered end product otherwise the license does not permit a usage in such circumstances.
The copyright of the sound recording/s and composition/s remains with us, even in an end product. Any claims for copyright or ownership of our sound recording/s or any modified work thereof are prohibited. The sound recording/s should not be extractable from the end product. PROHEMIUM and/or its respective content authors/copyright owners of all sound recording/s maintain ownership of said sound recording/s but grant you the non-exclusive license as outlined in 2#: Non-exclusive licensing. Claiming copyright through "Content ID (Identification) systems" for our sound recordings is strictly forbidden.
Example: If you synchronize a sound recording in your YouTube video, you can't claim rights on the sound recording elements of the audio in your video. Applying your video for a content id system is therefore not allowed if our sound recording is part of that video. Monetizing the video is fine, but claiming rights for the sound recording's audio by using content identification is not.
You acknowledge that PROHEMIUM and/or its respective content authors/copyright owners are and continue to be the sole rightful owner of all rights, titles and interests In the sound recording/s and composition/s including any and all copyrights of the music tracks. The sound recording/s are subject to and protected by German and international copyright laws. As outlined under 2#, all of our licences are non-exclusive and we reserve the right to continue to sell licenses of the sound recording/s to third parties at our own discretion.
Our sound recordings are only allowed for lawful projects. Any denigrating, obscene or humilating usage is prohibited as well. You must of course also have all necessary rights to legally create and distribute the end product to which our sound recording is synchronized.
The Term of this license shall be until terminated. The license can be terminated when you, the Licensee, breached any of this license's terms and conditions and such breach was not cured, immediately upon notification. In the event that your license gets terminated, you must stop using, creating and/or distributing the end product until the sound recording is removed from said end product. All usage rights granted in this license, especially in respect to 3#: Allowed Usage, will be terminated in the event of a license termination.
PROHEMIUM and/or its respective content authors/copyright owners aim at all possible solutions and opportunities to ensure that all of the sound recordings that make up our online music library are accessible at all times. However, we cannot guarantee and therefore make no claims or warranties that all sound recordings will be accessible at all times. We may stop licensing specific sound recordings at our own discretion at any time.
Provided that parts or individual phrasings of this agreement do not, not anymore or not completly correspond to the prevailing legal norms and/or shall be considered to be invalid or unenforcable by a court or any other legal body with the jurisdiction for such decisions, the rest of this agreement shall still remain effective and valid.
Last Revised: November 2018