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Smartsound® Quicktracks® Subscription
Terms of Use

Royalty free music sold to you as part of the Quicktracks® Annual Subscription License provides you with the right to synchronize Smartsound music in timed relation with audio/visual content during the time period for the Subscription you paid for. That means that you have the right to put the music into a film or media project only during the Subscription term. However, once a piece of music has been incorporated into a film or media project during a valid subscription term, that film or media project may continue to use the music in perpetuity after the end of the Subscription term, but only as originally synchronized. Please read the license below to fully understand your rights and limitations. By purchasing a Quicktracks Annual License from Smartsound you acknowledge and agree to the stated terms, conditions and limitations of use. This license excludes music acquired under any other Smartsound music license.

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.

Any use not specifically defined herein under Rights Granted is an unauthorized use and 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 these Terms of Use, legal action may be taken against you in accordance with copyright law. 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 multiple Internet websites, including video-sharing websites (such as Vimeo, Facebook, YouTube, etc.) and third-party websites, 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 to use Smartsound music on video-sharing websites includes the right to monetize or otherwise allow ads to be placed in conjunction with the video or to collect money from a video-sharing website for the performance or display of any video containing Smartsound music.
  
• 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 nationally in multiple movie theaters in a single country. For theatrical release internationally (multiple theaters in multiple countries), please contact Smartsound at info@smartsound.com.
  
• 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 10,000 units. For licensing above 10,000 units, please contact Smartsound directly at info@smartsound.com.
  
• Synchronize the music in timed relation with other audio/visual content and broadcast such productions on television or radio nationally in one country. This clause applies to advertising containing Smartsound music that is broadcast. For the avoidance of doubt cable, satellite, video-on-demand and other delivery methods are considered broadcasting for the purposes of this license. For International Broadcast rights (broadcast in multiple countries), please contact Smartsound directly at info@smartsound.com.
  
• 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 in up to 25 locations. For music-on-hold exceeding 25 locations please contact Smartsound directly at info@smartsound.com.
  
• Synchronize music in timed relation with audio/visual content for a third party for remuneration or commercial payment so long as all other terms and conditions of this License Agreement are strictly adhered to by all parties involved.
  
• Synchronize the music in timed relation with other audio/visual content and display such content in commercial, for-profit mobile applications and games, excluding content creation mobile applications that distribute the music as part of a video, animation or slideshow. 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 content creation mobile applications, please contact Smartsound directly at info@smartsound.com.
  
• Provide access to Smartsound music to up to 15 users (defined as 15 separate computers) at one address location. For additional users above 15 or for multiple address locations, please contact Smartsound directly at info@smartsound.com.

Limitations

You are not authorized to:

• Use any music after the completion of your Subscription term. All rights to synchronize any music with any audio/visual content shall cease at the completion of the term and you shall not use any Smartsound music in any content or production not already synchronized by you during the term. For the avoidance of doubt any music synchronized in timed relation with any audio/visual content during a valid, fully paid term, shall carry a perpetual music license as defined herein for such content or production, only as originally synchronized.
  
• Re-edit or change in any way validly synchronized music after the expiration of the Subscription term.
  
• Copy, duplicate, provide access to, sell, lease, loan, act as reseller or distributor of, 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. The Smartsound Quicktracks Annual License is a “single-location” license that allows up to 15 users (15 separate computers) to access the Smartsound music library. A Single-Location is defined as any entity with one physical address location (with or without multiple buildings at that site address) with up to 15 separate computers. For users (separate computers) greater than 15 or for multiple address locations please contact Smartsound directly at info@smartsound.com.
  
• Broadcast internationally (in multiple countries) any audio/visual content synchronized with Smartsound music without first obtaining a proper license from Smartsound. This limitation also applies to advertising commercials containing Smartsound music. For the avoidance of doubt cable, satellite, video-on-demand and other similar delivery methods are considered broadcasting for the purposes of this clause. For international broadcast please contact Smartsound directly at info@smartsound.com.
  
• Reproduce/duplicate/download any audio/visual content synchronized with Smartsound music above 10,000 units. For units above 10,000 please contact Smartsound directly at info@smartsound.com.
  
• 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 in more than 25 locations. For music-on-hold and other music playback systems in excess of 25 locations please contact Smartsound directly at info@smartsound.com.
  
• Add lyrical or vocal content with lyrics, sung (or “rapped”) in coordination with the harmony and rhythm of the Smartsound music track, or in anyway 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 in any online content creation service. Please contact Smartsound directly at info@smartsound.com for more info.
  
• 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 Quicktracks Annual Subscription License 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 are not the responsibility of producers, editors or typical users of production music. Other countries rules may vary. For Broadcast use as permitted under this Agreement, your use of Smartsound music may require the filing of a music cue sheet for any production that is Broadcast on television, radio, cable, satellite, etc. or distributed theatrically if the distributor or broadcaster is affiliated with a PRO. If you are working on such a project and a cue sheet is required, such music cue sheet shall correctly identify the copyright owner, composer, publisher, song title as supplied by Smartsound through its website or software and the type of use and length of use as per the cue sheet standards of PROs such as ASCAP or BMI.

This section, Performance Rights, is intended to clarify the rights associated with Performance Rights Organizations and does not grant or impart any rights whatsoever 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.

Full access Annual Subscriptions starting at $199 (personal) and $999 (commercial). Please contact us for additional information.