User License Agreement
Select Music Library
SELECT MUSIC LIBRARY
USER LICENSE AGREEMENT
This is an agreement between SELECT MUSIC GROUP, INC., doing business as SelectMUSIC (hereinafter known as “Licensor" or “Us”) and you, the end user (hereinafter known as "You"" or "Licensee"). By using our website and/or purchasing a license from us, you agree to be bound by the following terms and conditions (the “Agreement”) as same pertain to the license you purchase.
SelectMUSIC Non-Exclusive Licenses
The SelectMUSIC license grants you, the Licensee, a non-exclusive, worldwide license in perpetuity to make use of the song you have purchased (hereinafter known as “Song”) in accordance with the terms and conditions of this Agreement, and the Standard or Commercial License, as applicable.
Watermarked previews (tracks that are not yet licensed from Us yet) of songs available for download on the SelectMUSIC website, are for internal testing and client approval purposes only and cannot be used for any other purpose.
You can license a song for a single application (a single product or project) to synchronize with an audio-visual or audio-only final product (hereinafter known as “Final Product”) that incorporates the Song as well as other elements under one of the following license types:
COMMERCIAL LICENSE - COVERS THE FOLLOWING USES - A single Work on a single project used online, at a live event, and/or for internal use for a wedding video project, social event video project, crowdfunding video, personal video project, Youtube creator video project, Youtube creator web series theme song (which can be used on every episode), podcast, podcast theme song (which can be used on every episode), non-profit video, student film (including theatrical use), or film festival entry (including theatrical use). Standard License covers unlimited online views and impressions.
COMMERCIAL LICENSE - COVERS THE FOLLOWING USES - A single Work on a single project used online, at a live business event, and/or for internal use for a corporate video, business video, commercial video, advertisement video, movie or film (produced with under $1,000,000 budget), movie trailer (produced with under $1,000,000 budget), show or episode (produced with under $1,000,000 budget), documentary (produced with under $1,000,000 budget), mobile app, in-store promotion, or mobile video game. Commercial License covers unlimited online views and impressions.
CUSTOM LICENSE – COVERS THE FOLLOWING USES - A single Work on a single project used on terrestrial tv, digital tv, airline tv, satellite tv, cable tv, pay tv, VOD tv, subscription platform (Netflix, Hulu, Amazon Prime, etc), single fee tv platform (itunes, etc), terrestrial radio, satellite radio, production played in theater (excluding film festivals and student films), video game, or online project produced with over a $1,000,000 budget for a corporate video, commercial video, advertisement, movie, film, movie trailer, show, episode, documentary, theme song to show or episode, or any other uses not described in a Standard License or Commercial License. You can use this form to inquiry about a Custom License: https://selectmusiclibrary.com/home/customLicense
Licensor makes no warranty or representation, express or implied, except that it warrants that it has the right to grant the license granted hereunder. The total liability of Licensor under this Agreement arising from your use of any Recording shall be limited to the license fee paid by you for such Recording. You hereby agree that this license is granted to you without any other warranty or recourse.
All Songs are the property of Licensor and its Composers. If you use a song(s) for or on behalf of another person or entity (organization or company) then that person or entity is also bound to this Agreement and the restrictions and limitations. The person or entity is included in the term “Licensee” regardless of future relationship of license purchaser.
You can license music to create one Final Product and transfer the license(s) of that Final Product to your client.
You can modify the length of the Song to fit your Final Product. The modified version of the song shall be subject to the terms of this license. You cannot claim ownership of the modified song.
This is a single application for one (1) Final Product. You will need to purchase another license to use the same song in a different product or project.
You cannot re-distribute or sell the Song(s) in its original or modified form, as a standalone music file, or include in any other media product, library, template, external media storage such as USB drives, or collections.
Performing Rights Organizations (“PRO”): Public performance rights are not included with this license. This license does not act as a waiver of any PRO fees. In order to use music in Film, TV and/or radio productions (custom license), a cue sheet must be filed with the networks, stations and appropriate PROs. A copy must also be e-mailed to firstname.lastname@example.org . Licensor will provide cue sheet information upon request.
Nothing in these terms shall be construed as constituting a partnership, joint venture, employment or agency relationship between you and Licensor. Each of the parties hereto has entered into this agreement at arms-length as an independent contractor.
You cannot use a song for pornographic projects. You cannot use a song for projects that discriminate against religion, national origin, race, color, or sex.
If you breach the license and don’t remedy the breach within 14 days, this license can be terminated. Any use of the song after termination of this Agreement is strictly prohibited and may result in legal action if song copyright is infringed upon. Any use of any song in a manner not expressly authorized by this Agreement or in breach of a term of this Agreement constitutes copyright infringement, entitling SelectMUSIC and/or its Artists to exercise all rights and remedies available to it at law or in equity, including injunctive relief and monetary damages against all users and beneficiaries of the use of such Recording(s). In such case, SelectMUSIC and/or its Artists shall have the right, without providing prior notice to Licensee, to issue a Digital Millennium Copyright Act (DMCA) notice (as provided by 17 U.S.C. §512 and any successor statute) to any site or outlet in which the project appears or is placed in violation of the terms of this Agreement. Licensee shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party. In addition, and without prejudice to SelectMUSIC’s other remedies under this Agreement, SelectMUSIC and/or its Artists reserves the right to charge and Licensee agrees to pay a fee equal to up to five (5) times SelectMUSIC’s standard license fee for the unauthorized use of the songs. The foregoing is not a limiting statement of SelectMUSIC's or its Artists' rights or remedies in connection with any unauthorized use of the songs or any breach of this Agreement. Each party (the "Indemnifying Party") shall indemnify, hold harmless and defend the other party (the "Indemnified Party"), its parent, subsidiaries, affiliates, and the other party's respective officers, directors, employees and agents from any and all liabilities, actual loss, damages, costs and expenses (including, without limitation, reasonable attorney's fees) incurred by the Indemnified Party that arise out of any claim, demand, suit, action, encumbrance, deficiency, or proceeding brought by a third party that involves, relates to or concerns a violation or other breach by the Indemnifying Party of any of the provisions of this Agreement (including, without limitation, any of the representations or warranties of the Indemnifying Party set forth in this Agreement) or the negligence or willful misconduct of the Indemnifying Party. Provided, however, that the Indemnified Party, upon receipt of a notice of a claim that could result in the Indemnifying Party indemnifying the Indemnified Party, gives prompt notice to the Indemnifying Party of the existence and specifics of such claim. The provisions of this paragraph shall survive the termination of this Agreement.
Licensee agrees to take no action which is intended, or would reasonably be expected, to disparage or harm Licensor or its reputation, or which would reasonably be expected to lead to unwanted or unfavorable publicity for Licensor, any of its Clients, employees, artists, shareholders, associates or partners. For purposes of this section, “disparage” shall mean any negative statement, whether written or oral. The parties agree and acknowledge that this Non-Disparagement clause is a material term of this Agreement. In the event Licensee breaches any component of this Non-Disparagement provision at any time, Licensee acknowledges and agrees that it would be impractical or extremely difficult to ascertain the amount of actual damages to Licensor. For this reason, Licensee agrees that any violation of the Non-Disparagement provision of this Agreement shall result in the imposition of liquidated damages, and not as a penalty, in the amount of Ten Thousand U.S. Dollars, per each occurrence, to be paid by Licensee to Licensor, which represents the reasonable compensation for the loss incurred because of the breach.
This License agreement cannot be edited, altered, modified, or terminated without written consent by both parties.
At no time, while bound to this Agreement, Licensee shall not deal directly or indirectly with any of SelectMUSIC’s Artist(s) regarding any of the Artists dealings with Licensor and any of the Artists recordings.
This Agreement shall be deemed to be entered into in New York, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of New York concerning contracts entered into and performed entirely in New York. Except as otherwise specifically provided herein, Any cause of action by Licensor with respect to this agreement must be instituted within one (1) year after the claim or cause of action has arisen or further action is forever barred. Nothing in the present Agreement shall be interpreted as constituting or creating a joint venture or partnership between the Parties. This Agreement shall be to the benefit of and bind the respective heirs, executors, administrators and assigns of the Parties hereto. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or any other legally constituted body having jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect.