ROYALTY-FREE NON-EXCLUSIVE GENERAL LICENSE AGREEMENT

This is a non-exclusive general music license agreement between VST PRODUCTIONS FZ LLC  (the Licensor), and purchaser (the Licensee). By downloading any audio recordings from our website (Recording), the purchaser agrees to be bound by the terms and conditions of this End User License (the “Agreement”), which are as follows:

ARTICLE I. TERMS AND CONDITIONS

1.1 Purchaser acknowledges that each Recording is the property of Licensor or the artists the Licensor represents. If the purchaser is entering this Agreement on behalf of an organization, entity, or company, then that entity is bound to the License granted and the restrictions and limitations detailed herein (and such entity or organization is included in the term “Licensee”) regardless of the purchaser’s future employment and/or relationship with such entity.

1.2 Licensor hereby grants to Licensee a non-exclusive, non-transferable license to use the Recordings subject to the terms and conditions set forth below.

1.3 Licensor preserves the right to terminate this License Agreement upon Licensee’s breach of any of the terms of this Agreement by giving notice in writing of such breach, by any means available or convenient to the Licensor, whether electronic, by mail, by fax etc. If Licensee fails to remedy the breach for seven (7) days of the date of sending of the notice, then this Agreement shall automatically terminate on the eight (8) day.

1.4 Any use of the Recording after termination of the license is prohibited and may be actionable as an act of infringement of copyright or for any other applicable cause of action.

ARTICLE II. RIGHTS GRANTED

2.1 This is a General License for Personal Use (General License). Subject to the restrictions of Article III, Licensee can use the Recording for an unlimited period of time, as long as the Recording has been incorporated into any “New Media Projects” a work with substantial value added by the Licensee and defined in paragraph 2.2 below.

2.2 For the purpose of this Agreement, a “New Media Project” is defined as a production or project that makes use of new media or multimedia platforms, including:

    2.2.1 Non-commercial web-based Web/Streaming Video

a)    Online streaming video, including monetized videos (YouTube, Vimeo, etc.);
b)    Social media video (distributed on networks like Facebook, Twitter, etc)
c)    Website background music;
d)    Website videos;
e)    Video blogs;
f)    Online tutorials;
g)    E-learning tools;
h)    Free Apps & Games;
i)    Free web-based online video games and applications;
j)    Free iPhone / iPad / smartphone, mobile games and applications;

    2.2.2 Non Commercial Downloads/Physical Distribution

a)    Free video/film downloads (up to 100 downloads);
b)    Multimedia CD-ROMs (up to 100 copies)
c)    DVDs (up to 100 copies)

    2.2.3 Miscellaneous non-commercial Video/Multimedia Usage

a)    Wedding Videos;
b)    Non – corporate slideshows;
c)    Non – corporate training videos;
d)    Non – corporate flash animations and presentations;
e)    Non – corporate PowerPoint presentations;
f)    Podcasts;

ARTICLE III. LIMITATIONS OF USE

The General License is subject to the following restrictions, conditions, requirements and responsibilities: 

3.1 The Licensee may not claim ownership or authorship of the music represented under this agreement.

3.2 The Licensee may not use, modify, resell, sublicense, assign, transfer, otherwise make available or permit access by any third party to this Agreement or to any part thereof, except as expressly authorized in this Agreement.

3.3 The Recording may not be sold whether in its entirety or in part as a stand alone clip/loop/stock audio file, or included in any other media/stock product, library, or collection for distribution or resale.
3.4 The General License does not include use of the Recording in television, streaming video or cinematic advertising, radio advertising, advertising in a commercially distributed film or in any DVD, application or video game sold to the general public. 

3.5 In addition, Licensee is prohibited from:

a)    Use the Recordings in public performances in general and in concerts, motion pictures, documentary or theatrical or entertainment shows - whether commercial or non for profit in particular;
b)    Make more than one hundred (100) hard copies of CDs/DVDs;
c)    Use the Recordings in templates or for resale;
d)    Duplicate or replicate the Recordings in any way other than to make backup copies;
e)    Use the Recording in broadcast, corporate, or commercial projects;
f)    Use the Recording with inappropriate content such as but not limited to, pornography, extreme violence, or any content that could be reasonably deemed to be inappropriate or contrary to the prevalent or generally agreed upon moral norms;

ARTICLE IV. TERRITORY
 
The world.

ARTICLE V. WARRANTY

Licensor warrants that the use of Recording in accordance with this License agreement does not infringe on any third party proprietary rights.

ARTICLE VI. LIABILITY

Licensor accepts no responsibility for any loss of business or business profits resulting directly or indirectly from the performance of any Recordings. Licensor's liability is limited and restricted solely to replacement at no charge of the Recording in case of inadvertent loess or damage of the latter.

ARTICLE VII. APPLICABLE LAW
This Agreement shall be governed by and construed according to the laws of the State of New York and the Parties hereby acquiesce to the State and Federal jurisdiction of the New York courts.