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License Fee. This Nontransferable “Exclusive Rights License” (“Agreement”), having been made on and effective as of the date of purchase, which is included in the Order Receipt (“Effective Date”) by and between Sinima Beats (“Publisher” or “Licensor”) and You (“Licensee” or “Recording Artist”), sets forth the terms and conditions of Licensee’s sole use, and the rights granted pertaining to the provided Musical Composition (“Product” or “Beat”); as described within the Order Receipt (“Product Title” or “Beat Identification Number”) in consideration for Licensee’s payment (“License Fee”). Upon completion of “License Fee” payment, Product shall cease from availability and will be subsequently marked as “Sold,” since this exclusive license is restricted to a single buyer (one “Licensee”) only.
Term. The Exclusive Rights License shall not be subject to an expiration of any kind; license remains perpetually in effect.
Purpose. The downloadable Musical Composition may be used by Licensee in preparation of a Song Recording only (I.e. Licensed music must include added vocals, lyrics, melodies, etc.).
Nontransferable. This Exclusive Rights License is solely valid for the Licensee (who has purchased directly through “Sinima Beats”). Sharing, resale, loan, rental, or transfer of the Musical Composition (I.e. exclusively licensed audio content as provided by Sinima Beats) in any format or medium is strictly prohibited.
Content Identification. This license is Exclusive (“Restricted or limited to Licensee” or “Sold once, to a single buyer”). Therefore, it is permissible to submit the Song Recording (which comprises of the “Musical Composition”) to any Distributor, Publisher, Record Label or any applicable Third Party which utilizes audio fingerprinting, restrictive and overriding metadata technologies, audio blocking or any similar service that assumes “exclusive copyright control” across any social network (E.g. YouTube’s Content ID, SoundCloud, Facebook, etc.) and/or any other worldwide platform.
Sublicensing. Licensee shall have no rights to sublicense any use of the Musical Composition or Song Recording (“Derivative Work”), in whole or in part, for music production-related “sampling” purposes. In addition, the Musical Composition cannot be used, in whole or in part, for the purpose of topline writing (pitching vocal melodies), ghost writing (lyrics) and/or selling the Song Recording for performance and release by a third party since this exclusive license is nontransferable.
Derivative Work. The Song Recording shall be deemed a “Derivative Work.” Licensor (“Sinima Beats”) does not review or sign Third Party contracts and documents of any kind. However, any contracts entered between Licensee and a Third Party must adhere to the terms set forth in this agreement. Licensee must provide a copy of the “Order Receipt” along with this “PDF License” to the applicable Third Party. Any “Terms” entered in between Exclusive Licensee and applicable Third Parties that are in conflict (or would directly violate the terms of this Agreement) shall be deemed “unenforceable.”
Ownership. The musical composition included (“Audio Content”) is sold, for commercial use, 100% royalty-free. Licensee (“Recording Artist”) shall be granted an Exclusive Rights License; being the sole license-holder and holder of all rights, title, and interest in the provided Musical Composition for the Song Recording purposes (subject to full compliance with regards to the terms of this entire “Agreement”).
Limitation of Exclusivity. The Musical Composition may consist of samples, sound effects, audio loops, vocals, virtual instruments, etc. that comprise of the entire Instrumental; such sounds are royalty-free and cleared for commercial release by the applicable Composer. Exclusive Licensee understands that such audio samples from Third Parties are not in of themselves exclusive to Licensee; since they remain the intellectual property of the original Sample Library.
Delivery. Licensee shall receive instant access to the untagged (“Broadcast Ready”) audio content and can begin working on the Song Recording (or video project) immediately; via the Order Success page, emailed Order Receipt, or if applicable, by logging in to Licensee’s account. The Multi-Tracks (“Tracked Out Stems”) may be subject to a 24-hour waiting period before they are accessible.
Formats. Audio content ("WAV" in particular) is delivered in 16-Bit Stereo, 44.1 kHz format or higher; compatible with all major recording devices. The Musical Composition remains sonically consistent with the Demo Version (same amplitude, EQ, effects, etc.). Mp3 is also included. The Exclusive Rights License also includes the separated stem files in WAV format.
Access. If technical issues arise when downloading applicable files, Customer Support may be contacted or Licensee may attempt to access from a different browser or device (such as a Desktop/Laptop).
Breach of Agreement. In the event Licensee breaches the terms of this agreement via gross negligence, Licensor reserves the right to terminate the Exclusive Rights License. At its sole discretion, Licensor may attempt to electronically correspond with Licensee in an effort to resolve such matters before effecting termination. However, termination shall go into effect immediately if Licensee cannot be identified and/or reached for correspondence, email address is not valid, mail server cannot deliver notice or Licensee fails to respond within 5 business days. Exclusive Licensee agrees to make reasonable efforts to promptly resolve such matters. If the “License Fee” is reversed for any reason, due to a claim of “unauthorized transaction” or “fraudulent activity,” the Exclusive Rights License will be immediately terminated (without notice); whereas all rights will be relinquished to “Sinima Beats.” Subsequently, any applicable commercial and/or noncommercial Song Recording release shall be effectively infringing upon Sinima Beats’ copyrights and subject to removal per DMCA law.
Representations and Warranties. Licensor represents and warrants that the Composer (of the applicable “Beat”) has taken proper measures to ensure all sounds comprising of the Musical Composition, such as the instruments, effects, vocals, etc., are cleared for commercial release; no sample clearance necessary. Subsequent to the effective date of Licensee’s exclusive purchase, the Song Recording (or video project) may be commercially distributed. The Product is licensed “as is,” without any warranties.
Indemnification. Licensee agrees to indemnify and hold Licensor, its affiliates, content providers or any other third party Licensee’s (using the same “Musical Composition” for a different “Song Recording” or video project) harmless from any and all claims, liabilities, damages, or losses and agrees to maintain Licensor’s free, safe, and harmless position against any and all suits, demands, costs, judgments, recoveries, and expenses; including, without limitation, reasonable attorney fees.
Broadcast Royalty Splits. The Exclusively Licensed Musical Composition is subject to Publishing Splits since Composer has written and produced the Musical Composition, which is generally referred to as one-half of the total songwriting on a musical composition (and you agree that the Composer retains a 50% ownership of the copyright in the New Composition). Exclusive Licensee also agrees that any registration of the Song Recording (“Derivative Work”) with relevant performance rights organizations (e.g., ASCAP, BMI, etc.) will reference Composer as having 50% of the total writer’s share under and 50% of the total publisher’s share. The Writer/Publisher information (I.e. applicable names and numbers) shall either be included in a separate text file (in the downloads) or via email communication as Composers may vary (depending on the “Beat”).
All digital download sales, CD’s/Vinyl, live performance, etc. are 100% Royalty Free; Licensee may keep all earnings from the release of your Song Recording; with the exception of Broadcast Royalty Splits, which ensures the applicable Composer receives adequate compensation for his or her creative contribution in the event Song Recording achieves major success.
This Exclusive Rights License constitutes the entire agreement and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between Licensor and Licensee. Licensee acknowledges and accepts that Licensor has not made any promises or guarantees that the Musical Composition fits any other particular use or purpose intended by Licensee.
Applies to products listed in the Exclusive Beats category only. Perfect for recording artists with a fast-growing fan base and/or need exclusivity. This Nontransferable “Exclusive Rights License” is sold once, to a single buyer only, and includes a downloadable Musical Composition that may be used in preparation of a Song Recording (I.e. Exclusively licensed music must include added vocals, lyrics, melodies, etc.).
Exclusive Beats are made specifically to be used by one licensee only (I.e. not previously licensed to others). Record and sell your song for UNLIMITED single or album sales (E.g. CD's, Vinyl, etc.), internet downloads and monetized streams; in either combination and you keep all earnings; with the exception of Broadcast Royalties (E.g. ASCAP, BMI, etc.). In addition, you may use your Song Recording for radio broadcasts, paid performances, websites, ringtone, music video, etc. Your distributor will assign a unique ISRC code specific to your song, which will track all sales and streams worldwide for payouts.
The Exclusive Beats License includes instant access to download the untagged instrumental (I.e. all vocal advertisements removed) in both WAV and MP3 formats. Stem files (E.g. track outs, multi-tracks, etc.) are included for further flexibility in your mix and may take up to 24 hours before becoming accessible with your downloads. A downloadable PDF License is also included which may accompany a copy of your Order Receipt for proof of exclusive licensing. Since this license is exclusive, permission to submit your song to Content ID and audio fingerprinting services via a Third Party distributor is also included.
This Exclusive Rights License is solely valid for the Licensee (who has purchased directly through “Sinima Beats”). Sharing, resale, loan, rental, or transfer of the Musical Composition (I.e. exclusively licensed audio content as provided by Sinima Beats) in any format or medium is strictly prohibited.
