© 1999 Produced and Created by Sound Genius Studios:
Copyright is a form of intellectual property law, and protects original works of authorship including our musical and audio content (including content titles and descriptions).
CONTENT LICENSE AGREEMENT FOR SOUND GENIUS STUDIOS
This Sound Genius Studios Content License Agreement ("LICENSE AGREEMENT") is a legal agreement between the end-user (either an individual or a single entity) and Sound Genius Studios (“Sound Genius Studios”) for the use of “Musical and Audio Content including Content Titles & Descriptions” (SGS Content) produced, developed and distributed by Sound Genius Studios. By downloading and using any part of the SGS Content provided on www.soundgenius.com, users agree to be bound by the terms of this LICENSE AGREEMENT. If you do not agree to the terms of this LICENSE AGREEMENT, do not use any SGS Content.
Please read this entire licensing agreement carefully. Use of any SGS Content provided on www.soundgenius.com is subject to the terms of this Agreement. Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect SGS Content produced and developed by Sound Genius Studios and therefore is licensed, not sold.
1. GRANT OF LICENSE: Sound Genius Studios, as Licensor, grants to you, the Licensee, a variety of license types, all of which offer nonexclusive rights to use the SGS Content in your own productions. However, the SGS Content nor any portion thereof may be resold or redistributed in any other format, on any other media. All rights not expressly granted to Licensee are reserved to Sound Genius Studios or its licensors.
A. Personal Use: For enjoying or using for personal use only. Download and use as demo in your creative content to show your clients. However, if you decide to use the content in any other manner, you will need to purchase an additional license.
B. Website or Online Video Use (Web or Video Use): Use SGS Content on your website, or on your videos which may also be broadcasted on the internet.
C. Application Use (App Use): Use SGS Content on your website, or on your videos which may also be broadcasted on the internet.
D. Broadcast Use (Publishing via ASCAP & BMI): SGS Content may be broadcasted. Sound Genius Studios shall be listed as both Composer and Publisher. See section 4 of this agreement.
E. Buy-Out License: SGS Content will be removed from Soundgenius.com
****Remaining sections of agreement applicable to all licenses.
2. TITLES, DESCRIPTIONS, MUSIC and AUDIO CONTENT OWNERSHIP (SGS Content): Sound Genius Studios shall retain full and complete ownership of the Content Titles, Descriptions, SGS Content and all subsequent copies of the Content Titles, Descriptions, Musical Content & Audio Content, regardless of the media or format on in which the original content may exist. The License is not a sale of the original SGS Content or any of the underlying material.
3. COPYRIGHT: All rights, title, and interest in SGS Content and any copies of SGS Content are owned by Sound Genius Studios. Copyright laws and international treaty provisions protect the SGS Content. Therefore, you must treat the SGS Content like any other copyrighted material, except that you may make copies as only provided in this LICENSE AGREEMENT.
4. BROADCAST LICENSE (PUBLISHING & PERFORMANCE RIGHTS): In territories where direct performance licenses can be granted, our content falls under a direct performance license. In territories where performance licenses must go through Performing Rights Organizations, then local rules will apply and the duty to follow such rules shall fall exclusively on the End User. Within the United States, any broadcast publishing shall be managed by American Society of Composers, Authors, and Publishers (ASCAP), and/or Broadcast Music, Inc. (BMI). Cue sheets shall list Song Names as derived from the associated SGS Content, and Sound Genius Studios shall be listed as both Composer and Publisher.
5. RESTRICTIONS ON USE: You may not distribute, sublicense, borrow, lease or otherwise make the SGS Content available to any third party (on the Internet, an information network or physical media, by broadcast or in any other manner).
6. ASSIGNMENTS: assignments are granted to third parties only who agree to be bound by the terms and conditions of this license agreement.
7. LICENSE TERMINATION: Users right to use the SGS Content will automatically terminate if you fail to comply with any provision of this license agreement. If this license agreement is terminated, you must: cease all use of the SGS Content.
8. LIMITED WARRANTY: The SGS Content is provided "as is." to the full extent allowable by local law, Sound Genius Studios and, Sound Genius Studios’ affiliates disclaim all other warranties, representations and conditions, express or implied, including, but not limited to, implied warranties and non-infringement. No oral or written communications provided by Sound Genius Studios or a Sound Genius Studios authorized representative shall create a warranty. Without limitation of the foregoing, Sound Genius Studios does not warrant.
9. LIMITATIONS OF LIABILITY: Under no circumstances will Sound Genius Studios, Sound Genius Studios liability to you or any third party exceed the price paid by you for the SGS Content.
10. EXCLUSIONS AND REMEDIES: Without limiting any of the disclaimers or limitations and under no circumstances will Sound Genius Studios be liable to anyone for any indirect, special, incidental, punitive or consequential damages of any kind arising (including, without limitation: infringements, fees, fines, loss of profits or revenue).
11. INTELLECTUAL PROPERTY EXPORT RESTRICTIONS: You agree that you will comply with all applicable export laws, restrictions and regulations of the U.S. Department of Commerce, the U.S. Department of Treasury and any other U.S. or foreign agency or authority. You agree not to export or re-export or allow the export or re-export of the SGS Content in violation of any such law, restriction or regulation, including, without limitation, export or re-export to Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country subject to applicable U.S. trade embargoes.
12. MISCELLANEOUS: This LICENSE AGREEMENT will be binding upon and inure to the benefit of Sound Genius Studios and you, and our respective successors and permitted assigns.
13. Notices: All notices to Sound Genius Studios may be directed to Sound Genius Studios 4121 N. Highland Ave, Arlington Heights, IL 60004, United States of America (USA).
If any provision of this LICENSE AGREEMENT is determined to be invalid or unenforceable, such determination will not affect the validity or enforceability of any other provision of this LICENSE AGREEMENT.
This LICENSE AGREEMENT shall be governed by the laws of the United States and the State of Illinois. Any actions arising out of or relating to this LICENSE AGREEMENT may be brought exclusively in the appropriate state or federal court in Chicago, Illinois, and Sound Genius Studios and you irrevocably consent to the jurisdiction of such courts and venue in Cook County, Illinois. This LICENSE AGREEMENT constitutes the entire agreement between Sound Genius Studios and you with respect to the subject matter of this LICENSE AGREEMENT.