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Smartsound Standard Royalty Free Music License

Terms and Conditions

Royalty Free music products available and sold by Smartsound LLC. (hereinafter Smartsound), and its authorized dealers are licensed to you with a lifetime, non-transferable synchronization license for use in audio/visual media, solely as defined herein. This license covers all rights in the song you purchased from Smartsound including its musical composition and sound recording (collectively, the “music”). This license excludes music acquired under Smartsound's Extended Commercial License or any other Smartsound music license. By accepting any music products or files from Smartsound, or its authorized dealers, you acknowledge and agree to the terms, conditions and limitations of use contained in this Music License Agreement. If you do not agree to the terms, conditions and limitations of this license, please select Cancel prior to downloading the music file. Your receipt of the downloaded music file indicates your full agreement with the Smartsound Standard Commercial License Agreement.

It is specifically understood and agreed that Smartsound does not grant, sell or otherwise transfer any ownership of Copyright, Publishing or Master Recordings for any of its musical works contained on its websites, packaged products, electronic storage or the like.

Unauthorized use or duplication is a violation of this agreement and of applicable laws of the United States of America and other countries. In the event of your breach of this License Agreement, legal action may be taken against you in accordance with copyright and other applicable laws. Only licenses generated from Smartsound Software, its websites and authorized dealers are valid.

Rights Granted

You are authorized to:

• Synchronize the music in timed relation with other audio/visual content and display/perform such productions on your own Internet website and on video-sharing websites (such as Vimeo, Facebook, YouTube, etc.), so long as the music portion of the media is not retrievable and extractable as an audio file (on its own or separate from the visual). The right of use on video-sharing websites specifically excludes the right to monetize or otherwise allow ads to be placed in conjunction with the video or to in any way collect money from a video-sharing website for the performance or display of any video containing Smartsound music. To monetize your video using Smartsound music please see the Smartsound Extended Commercial License.
  
• Synchronize the music in timed relation with other audio/visual content and perform such productions at Film Festivals.
  
• Synchronize the music in timed relation with other audio/visual content and perform such productions in a single movie theater. For multiple movie theaters in a single country please see the Smartsound Extended Commercial License, for international theatrical release please see the Smartsound Widest Commercial License.
  
• Synchronize the music in timed relation with other audio/visual content in electronic media such as DVDs and the like, including digital downloads, whether for sale or free, and reproduce/duplicate/download such product up to a number of 2,000 units. For licensing above 2,000 units but below 10,000 please the Smartsound Extended Commercial License. For licensing above 10,000 units, please the Smartsound Widest Commercial License.
  
• Synchronize the music in timed relation with other audio/visual content and display such content in non-commercial, not-for-profit mobile applications and games. An application that is free to download or free to play but has in-application or in-game purchases or makes income via in-app or in-game advertising is considered for-profit. For such applications, please see the Smartsound Extended Commercial License.

Limitations

You are not authorized to:

• Copy, duplicate, provide access to, sell, lease, loan, act as reseller or distributor, or give away unsynchronized (not part of a media project) music from Smartsound by any means including the world wide web, email, streaming audio, peer-to-peer file sharing, "Bit Torrent" websites or through any Sampling instrument or product, or any delivery method now known or which shall become known.
  
• You may not share Smartsound music between users of any kind, including other Smartsound users.
  
• Provide remote access to unsynchronized music from Smartsound to any location for any purpose whatsoever.
• Synchronize the music in timed relation with audio/visual content for a third-party wherein the end resulting media or content will not be owned by you. Please see the Smartsound Extended Commercial License or the Smartsound Widest Commercial License for this right.
  
• Display audio/visual content synchronized with Smartsound music on multiple websites or third-party websites except as indicated above (video-sharing websites). For multiple or third-party websites, see the Smartsound Extended Commercial License.
  
• Broadcast, locally, regionally, nationally or internationally any production with Smartsound music without first obtaining a proper license from Smartsound. Please see Smartsound Extended Commercial License for local and regional broadcast rights or contact Smartsound at info@smartsound.com for wider broadcast rights. This limitation also applies to advertising commercials. For the avoidance of doubt cable, satellite and other similar delivery methods are considered broadcasting for the purposes of this clause.
  
• Duplicate or download any production with Smartsound music above 2,000 units. For units between 2,000 and 10,000, please see the Smartsound Extended Commercial License. For units above 10,000 please see the Smartsound Widest Commercial License.
  
• Monetize or otherwise allow ads to be placed through a video-sharing website (such as YouTube, Facebook, Vimeo, etc.) or in any way collect money from a video-sharing website for the performance or display of any video containing Smartsound music.
  
• Add lyrical or vocal content with lyrics, sung (or “rapped”) in coordination with the harmony and rhythm of the Smartsound music track, or in any way create a derivative copyright or add new musical material to the original music. (This clause does not apply to any dialogue or narration associated with the movie itself).
  
• Use Smartsound music for “music-on-hold” or other music playback systems designed to be used in conjunction with telephonic or retail music playback systems. For music-on-hold and other music playback systems please see the Smartsound Extended Commercial License or the Smartsound Widest Commercial License.
  
• Use Smartsound music in any online content creation service. Please contact Smartsound directly at info@smartsound.com for more info.
  
• Assign the distribution rights of the music contained in any media project to a third party through a contractual agreement or any other method. For the right to assign distribution rights please see the Smartsound Extended Commercial License or the Smartsound Widest Commercial License.
  
• Synchronize music from Smartsound in a manner that could be considered fraudulent or illegal.

Performing Rights

Except as expressly set forth in the Rights Granted section, this Standard Commercial License Agreement does not include clearance for Performing Rights, which are governed by Performance Rights Organizations (PRO) such as ASCAP and BMI, and similar organizations in countries throughout the world. In the US and Canada Performing Rights royalties are paid by broadcasters and distributors and are not the responsibility of producers, editors or typical users of production music. Other countries rules may vary. For broadcast rights please see the Smartsound Extended Commercial License Agreement.

This section, Performance Rights, is intended to clarify the rights associated with Performance Rights Organizations and does not grant or impart any rights not granted in the Rights Granted section above, nor alter or amend any excluded or limited rights in the Limitations section above. Your acceptance of the delivery of the music is your agreement of all of the terms, conditions and limitations herein.

For more information please contact Smartsound at info@smartsound.com.

For producers, editors, media creators, etc. working from and in European countries please see our list of Smartsound music either not registered or exempted for use with PROs. This applies only to media creators from those foreign countries.