The Licensing Agreement

End-User License Agreement for Rocksure Soundz Music and Sound Effects

IMPORTANT-READ CAREFULLY: This Rocksure Soundz End-User License Agreement is a legal agreement between you (either an individual or a single entity) and Rocksure Soundz Ltd. Audio Content licensed includes the following: (i) sound effects and sound samples, (ii) music, (iii) songs, (iv) any sound recording embodying (i), (ii), or (iii); and (iv) any printed, “online” or electronic documentation. By licensing, copying or otherwise using any of the above, you agree to be bound by the terms of this agreement. The sounds and music are protected by copyright laws and international copyright treaties, as well as other intellectual property laws. The music and sound effects are licensed, not sold, and the rights granted here are validated by proof of purchase. Except to the extent necessary to effectuate the specific uses for which you have contracted with Rocksure Soundz, the rights granted herein are non-transferable, and all rights not expressly granted to you hereunder are reserved by Rocksure Soundz Ltd.

License Options
Licensee must select one of the following two options. By selecting a license option and purchasing a track under that license option, Licensee agrees to the terms contained in the chosen option.

License Option A: Non-Commercial, Non-Profit, Private Use or Educational Use.

1. Licensee, or their customers, are granted a worldwide, non-exclusive, royalty-free, non-assignable and non-transferable right to use the Music only in synchronization or timed-relation with other audio and/or audio-visual productions or Projects that will be used for non-profit broadcast and non-broadcast purposes, and shall have mechanical reproduction rights in all mediums only in connection with Projects subject to the following restrictions:

a. The Music may not be transferred, copied, or duplicated by itself, either in whole or in part, other than in timed-relation with the Projects. The Licensee may however make one copy for back-up or archive purposes. The Music may not be resold, licensed, leased or in any way distributed to any third party without the express written permission of the copyright owner.

b. Licensee shall not have the right to alter the fundamental character of the Music, to use the title or subtitle of the Music as the title of a Project, or to add lyrics to the Music without the express written permission of the copyright owner. Licensee may otherwise cut or alter the music to fit the intended use.

2. Licensee is hereby granted the perpetual, non-exclusive right and license to publicly perform, for non-profit, non-commercial, private, or educational use only, in accordance with the following restrictions:

a. The project may NOT be sold or distributed in a commercially available product. This includes theaters with paying audiences, broadcast on television and radio networks (including national networks, pay-per-view networks, cable, and local networks) or transmitted for profit digitally over the internet or via satellite.

b. All venues or mediums in which a public performance occurs must have valid performance licenses from the governing applicable performing rights societies in the territory of broadcast (e.g., APRA, ASCAP, BMI, SESAC, SOCAN, etc.) or from any other licensor acting for or on behalf of the copyright owner of the Music, unless the copyright owner.
License Option B: Commercial, for-profit, distribution, or broadcast.
1. Licensee, or their customers, shall have a worldwide, non-exclusive, royalty-free, non-assignable and non-transferable right to use the Music or sound effect only in synchronization or timed-relation with other audio and/or audio-visual productions or Projects in all mediums, now known or hereafter devised, and shall have mechanical reproduction rights in all mediums, now known or hereafter devised, only in connection with Projects subject to the following restrictions:

a. The Music or sound effect may not be transferred, copied, or duplicated by itself, either in whole or in part, other than in timed-relation with the Projects. The Licensee may however, make one copy for back-up or archive purposes. Further, the Music or sound effect, apart from the Projects, may not be resold, licensed, leased or in any way distributed to any third party without the express written permission of the copyright owner.

b. Licensee shall not have the right to alter the fundamental character of the Music or sound effect, to use the title or subtitle of the Music as the title of a Project, or to add lyrics to the Music without the express written permission of the copyright owner. Licensee may otherwise cut or alter the music or sound effect to fit the intended use.

c. Release of the Music on any commercially available audio-only product (e.g., compact disc or other phono records, audio books, etc) shall require prior written approval by the copyright owner, and may require additional mechanical license fees.

2. Licensee is hereby granted the perpetual, non-exclusive right and license to publicly perform, for profit or non-profit, and authorize others to perform the Music or sound effect in connection with the Projects and assign its rights in connection with the Projects to a third-party subject to the following:

a. Projects may be exhibited by means of television or radio by networks, local stations, pay-television systems or closed-circuits having valid performance licenses from the governing applicable performing rights societies in the territory of broadcast (e.g., APRA, ASCAP, BMI, SESAC, SOCAN, etc.) or from any other licensor acting for or on behalf of the copyright owner of the Music.

b. It is understood that clearance by performing rights societies in such portion of the territory as is outside of the U.S. will be in accordance with said performing rights societies’ customary practices and the payment of their customary fees. (Note: performing license fees are typically paid by the broadcasters and by the Licensees of the Music.)

c. Licensee agrees to promptly furnish Rocksure Soundz with a complete and accurate music cue sheet for any Project that is broadcast on television or distributed theatrically. Such cue sheet shall correctly identify the copyright owner, publisher, song title, and length of use for all Music licensed from Rocksure Soundz.com.

*Note: Purchase of a license for sound effect use is automatically license option B

IN THE EVENT OF ANY MATERIAL BREACH OF THIS AGREEMENT ALL RIGHTS GRANTED UNDER THIS AGREEMENT SHALL TERMINATE IMMEDIATELY. ANY CONTINUED USE OF THE MUSIC, VIDEO, OR PHOTO BY LICENSEE SHALL CONSTITUTE AN INTENTIONAL INFRINGEMENT OF THE COPYRIGHTS IN AND TO THE CONTENT. THE COPYRIGHT OWNER(S) OF THE CONTENT HEREBY RESERVES ALL THEIR RIGHTS TO LEGAL AND FINANCIAL REMEDIES AND RELIEF.