Commercial Synchronization and Multi-Usage License

When you purchase this product from UniqueTracks, the contents of the CD's are licensed, not sold, to you by UniqueTracks, for commercial use in broadcast, film, video, web, multimedia, on-hold-messaging, podcasts, trade shows, etc.

You may use any of the songs or remixes in synchronization with the visuals, text or other multimedia content in a commercial or non-commercial production without any additional licensing fees.

You may produce and sell a product (up to 10,000 units) that contains music from the UniqueTracks production library without any additional licensing fees providing the end user of your product is restricted from obtaining direct access to the music for personal use.

For example, this license allows you to produce and market a DVD which incorporates our music in its soundtrack, but you cannot make available or bundle a copy of our products (our CDs or any of the tracks therein) with your DVD for your customers to edit, copy, or use as they wish.

Detailed Cue Sheet instructions can be found here

Reproduction or duplication of UniqueTracks Production Music CDs for the purposes of giving, trading, lending, renting, reissue, redistribution or resale, is strictly prohibited without the written consent of UniqueTracks. This license is granted for a single user only. (In other words, it’s just like a standard software license, this product is licensed to you and is for your use only, you cannot manufacture or copy this product and sell it, lend it or trade it.

Full Explanation of Rights by Usage

This document comprises a legal agreement between UniqueTracks Inc. and yourself.  Deemed a “license,” this agreement states what usages are allowed regarding the music you have selected to purchase from UniqueTracks.  UniqueTracks shall be referred to by name in this Agreement, or as “We/Us.”  You shall be referred to as “You.” 

Your purchase price allows you to put the music you have selected to one or more usages without any further payment to UniqueTracks.    The agreement becomes activated when you purchase one or more musical performances and applies to each recording that you purchase.

You are not purchasing any copyrights or any interest in any copyright regarding any musical performance. You are purchasing the ability to put the music to a commercial or non-commercial use.

You may not use the music we provide to compete with us in any way.

You may not sub-license the music for the purpose of providing third parties with the ability to incorporate our music into their own commercial products such as slide shows, presentations, or kiosks.

While this Agreement is in effect, you may use all, part and non-consecutive parts, of each purchased composition.

You may make copies of the music as reasonably necessary to appropriate exploit the license you have purchased.

Our Guarantee to You
We warrant and guarantee to you, the purchaser, that we own or otherwise control the copyrights to all of the sound recordings that we sell and that we either own the underlying compositional copyright or the composition itself is in the public domain, where the latter is the case.  We represent and warrant that we have the right and authority to grant the rights given herein and that the exercise of your licensing rights granted herein will not violate the rights of any third party. We agree to defend, indemnify and hold you harmless from and against any claims, damages, liabilities, costs and expenses, including reasonable attorney’s fees, arising out of the permitted use of the music that you have purchased.

Your license is non-exclusive and non-transferable by you to any third party.

The Term of this Agreement
This Agreement will remain in place for as long as you wish to use the music you have purchased.

The Territory of this Agreement
This Agreement covers usage anywhere in the world.

Your Specific Music Licenses:

Films
You may use the music you have purchased by synchronizing the music to the visual or audio elements of your film production as long as:

The film production is a student film OR

The film production has been licensed by SAG pursuant to your signing a Student Film, Short Film, or Ultra-Low Budget Agreement as offered by SAGindie OR

Your film has a production budget less than 200,000 USD AND

The film is shown ONLY in:

Film Festivals (anywhere in the World)

Art Film Houses as that phrase is understood by the film industry AND

The film has not been given a general release as that phrase is understood in the film industry.

You may use the music on a DVD, VHS, download, or any other individual packaging and release of the film, as long as no more than 10,000 copies in total are sold or given. Additional amounts for your release may be secured by contacting us and paying an additional license fee. Call 888-400-2149 to speak with a UniqueTracks licensing representative or send email to licensing@uniquetracks.com.

You may use the music you have purchased on a brief trailer of the film and may show that trailer as you wish. A trailer may not be over five minutes in length.  You may broadcast or otherwise deliver the trailer via any traditional and common outlet for trailers, including television, radio, and the Internet.

Television Program
As used in this agreement, a television program is defined as any production made by a television production company for broadcast on a television station OR any film that meets our license requirements (see above) that is broadcast on television.

You may use the music in a television program as a portion of the soundtrack for your production. You may broadcast the program containing the synchronized musical performance through all standard broadcast media, including cable, pay television, and network broadcast in the United States and Canada and the World.

CUE SHEETS:  You must provide ASCAP, SESAC and BMI or your local performance rights organization with a CUE SHEET. You must provide us with a copy of the CUE SHEET within thirty days of each performance. The CUE SHEET will ensure that the appropriate performance royalty organization secures payment from the broadcasting company for the benefit of the owner of the copyrights of the music you have purchased. While this will not incur any additional expense on your part, if you fail to provide a CUE SHEET to both the appropriate performance rights organization AND us, you will be liable for the fee that the performance rights organization would have paid the owner of the copyright to the music you have purchased and you agree to pay us that fee upon our demand of same.

Radio Commericals and Radio Promotional Broadcasts
You may use the music as a bed for commercials, trailers, and promos as a synchronized usage for your radio broadcast.

You are limited in your usage regarding Radio commercials as follows:

1. You may use the music in a radio commercial with broadcast rights up to 300 miles from your location.  For extended markets or national coverage, you must arrange for a separate license. Call 888-400-2149 to speak with a UniqueTracks licensing representative or send email to licensing@uniquetracks.com.

Television Commercials and TV Promotional Broadcasts
You may use the music as a bed for commercials, trailers, and promos as a synchronized usage for your television broadcast.

You are limited in your usage regarding Television commercials as follows:

1. You may use the music in a television commercial with broadcast rights up to 300 miles from your location.  For extended markets or national coverage, you must arrange for a separate license. Call 888-400-2149 to speak with a UniqueTracks licensing representative or send email to licensing@uniquetracks.com.

Internet
You are allowed to synchronize the music you have purchased to any performance, whether video or audio in nature, and broadcast the same via your Internet site via the World Wide Web. 

You may not use the music as a stand alone element on your web site. That means you may not provide for downloads, streams or the stand alone performance of the music (as the sole content) on your website. However, you may synchronize the music as background soundtrack in a Flash, Podcasts, Shockwave, Quicktime or similar presentations.

For the purpose of your usage of the music on your website, this Agreement is to be construed as a “Direct License.” A Direct License means the license fee you pay for this track includes all performing rights fees due the Licensor and no royalties are due to be paid to the performance rights organizations.

Corporate Usage and Trade Shows
You may use the music you have purchased as a background in any Powerpoint or similar production and release the same in any reasonable number. You may not release the production on any mass scale.

You may use the music at your tradeshow as part of your presentation, Powerpoint presentation, or kiosk for members of the general or paying public.

You may use the music as a synchronized element to any musical production that is given away at a tradeshow in the maximum amount of 10,000 units. An additional license must be purchased for amounts over 10,000 units. Call 888-400-2149 to speak with a UniqueTracks licensing representative or send email to licensing@uniquetracks.com.

As needed by you, this element of the Agreement is to be construed a "Direct License".

Music on Hold
You are permitted to use the music as a portion of your music-on-hold feature as long as it is used by your own sole business located at one physical address. This license is not for any business that creates or offers message-on-hold services or products. Those entities should request our On-Hold Sub License.

As needed by you, this element of the Agreement is to be construed a "Direct License". (A Direct License means the license fee you pay for this track includes all performing rights fees due the Licensor and no royalties are due to be paid to performance rights organizations).

In-Store Broadcasting
You are permitted to use the music as a portion of your in-store broadcast programming as long as it is used by your business located at the physical address as is indicated on your purchase of this License.  You are licensed to use the music at a single location.  For use in multiple locations you must arrange for a separate license.

This License may not be used by any business that creates or offers in-store broadcast programming services or products to others. Those entities should request our In-Store Broadcast Sub License.

In-Store Broadcast usage is to be considered a "Direct License" under this License. (A Direct License means the license fee you pay for this track includes all performing rights fees due the Licensor and no royalties are due to be paid to performance rights organizations).

Give Aways or Units Sold
You may synchronize the music you have purchased as a portion of any DVD, software, hardware, CD, VHS or any other type of reproduction as long as no more than 10,000 copies in total are sold or given. Additional amounts for your release may be secured by contacting us and paying an additional license. Call 888-400-2149 to speak with a UniqueTracks licensing representative or send email to licensing@uniquetracks.com.

Jurisdiction/Arbitration

This Agreement will be governed by and construed in accordance with the internal laws of the State of New York, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section, all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in New York, New York before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and (iii) this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will initially bear its own costs and attorneys' fees, but the prevailing party shall be reimbursed by the other party for all attorneys fees, witness fees, and arbitration costs. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief.

Waiver and Amendments
No waiver, amendment, or modification of any provision of this Agreement shall be effective unless agreed to by both parties in writing. No failure or delay by either party in exercising any rights, power, or remedy under this Agreement shall operate as a waiver of any such right, power, or remedy.  

Severability
Should any term of this Agreement be finally determined by a court of competent jurisdiction to be invalid, unenforceable or otherwise contrary to law and equity, the parties agree that such provision shall be construed, limited, modified or, if necessary, severed, to the extent necessary to eliminate its invalidity or unenforceability, and that the other provisions of this Agreement shall remain unaffected.

Entire Agreement
This Agreement contains the full understanding between the parties and supercedes all prior representations or agreements, whether oral or written, with respect to such matters. This Agreement may only be changed by a written document signed by both parties.  Relationship of PartiesYou and UniqueTracks are independent businesses, and nothing in this Agreement or the conduct of the parties pursuant hereto shall establish a relationship of principal/agent, franchiser/franchisee, employer/employee, master/servant, or otherwise.

UniqueTracks Production Music Library
Phone: 1-718-965-2318
Toll Free 888-400-2149
Fax 1-718-965-1215
E-Mail info@uniquetracks.com
Web: http://www.uniquetracks.com