Terms & Conditions|License Agreement

I.- In consideration for the amount paid by Licensee, as shown in Audiolander Order and in consideration of Licensee’s acceptance of the terms and conditions of this License by clicking the “Proceed to Checkout” and “Proceed to Paypal” or “Place Order” buttons as part of the Audiolander Order confirmation process, Audiolander grants to Licensee a limited non-exclusive license for the Licensed Work(s) only for the specific Licensed Purpose that is designated for each Licensed Work in Audiolander’s Order. The limited rights granted to Licensee for the Licensed Purpose specifically designated for each Licensed Work(s) are as follows:

  1. Corporate Video Use Only – If the Licensed Purpose for a Licensed Work is designated as “Corporate Video Use Only” in the Audiolander Order, then the Licensee has only the following limited rights for that Licensed Work:
    • To synchronize the Licensed Work in a timed relation to a single corporate video or a single in-house corporate exhibition production solely for the purpose of creating a single New Creative Work.
    • The limited right to perform the resulting single New Creative Work for corporate presentations and in-house exhibitions, subject to appropriate payment of royalties to any applicable Performing Rights Organization.
  2. Internet Use Only – If the Licensed Purpose for a Licensed Work is designated as “Internet Use Only” in the Audiolander Order, then the Licensee has the following limited rights for that Licensed Work:
    • To synchronize the Licensed Work in a timed relation to a single YouTube video, Vimeo video, or other similar on-line video, or in timed relation to a single video, photograph, or other visual image in a corporate website, personal website, podcast, on-line Internet app, on-line smartphone app, on-line Internet game, or on-line smartphone game, for the sole purpose of creating a single New Creative Work.
    • The limited right to perform the resulting single New Creative Work on YouTube, Vimeo, or other similar on-line video websites, or in corporate websites, personal websites, podcasts, on-line Internet apps, on-line smartphone apps, on-line Internet games, or on-line smartphone games, subject to appropriate payment of royalties to any applicable Performing Rights Organization.
  3. TV Advertising Only – If the Licensed Purpose for a Licensed Work is designated as “TV Advertising Only” in the Audiolander Order, then the Licensee has the following limited rights for that Licensed Work:
    • To synchronize the Licensed Work in a timed relation to video, photographic, or other visual images in a single television advertisement for the sole purpose of creating a single New Creative Work.
    • The limited right to perform the resulting single New Creative Work as a single television advertisement, subject to appropriate payment of royalties to any applicable Performing Rights Organization.
  4. Radio Advertising Only – If the Licensed Purpose for a Licensed Work is designated as “Radio Advertising Only” in the Audiolander Order, then the Licensee has the following limited rights for that Licensed Work:
    1. To incorporate the Licensed work into a single radio advertisement for the sole purpose of creating a single New Creative Work.
    2. The limited right to perform the resulting single New Creative Work as a single radio advertisement, subject to appropriate payment of royalties to any applicable Performing Rights Organization.
  5. Short Movie & Public Live Presentation Only – If the Licensed Purpose for the Licensed Work is designated as “Short Movie & Public Live Presentation Only” in the Audiolander Order, then the Licensee has the following limited rights for that Licensed Work:
    • To synchronize the Licensed Work in a timed relation to video, photographic, or other visual images in a single non-commercial film, film festival exhibition, or for a single live public theatre production, for the sole purpose of creating a single New Creative Work.
    • The limited right to perform the resulting single New Creative Work as a non-commercial film, film festival exhibition, or live public theatre performance, subject to appropriate payment of royalties to any applicable Performing Rights Organization.
  6. TV Production Only – If the Licensed Purpose for the Licensed Work is designated as “TV Production Only” in the Audiolander Order, then the Licensee has the following limited rights for that specific Licensed Work:
    • To synchronize the Licensed Work in a timed relation to a single television show, or a musical curtain for a television show, for the sole purpose of creating a single New Creative Work.
    • The limited right to perform the resulting single New Creative Work as a television show or series, subject to appropriate payment of royalties to any applicable Performing Rights Organization.
  7. Radio Production Only – If the Licensed Purpose for the Licensed Work is designated as “Radio Production Only” in the Audiolander Order, then the Licensee has the following limited rights for that specific Licensed Work:
    • To synchronize the Licensed Work in a timed relation to a single radio news show, talk show, or other radio programming, for the sole purpose of creating a single New Creative Work.
    • The limited right to perform the resulting single New Creative Work as a radio news show, talk show, or other radio programming, subject to appropriate payment of royalties to any applicable Performing Rights Organization.
  8. Film Making and Special Uses – If the intended purpose is to use music obtained from the Audiolander website in a major market full length film, or an independent full-length film, or for massive internet distribution/publication of music, or any other use not specifically described above in Section 1.1 to 1.7, then this License does not authorize any such use, and you must contact Audiolander to specifically negotiate a license for your Film Making or Special Use project.

II.- The Licensee must include credits or otherwise give attribution in each of their New Creative Works by identifying Audiolander and the Composer(s) and Performer(s) of each Licensed Work in all performances.

III.- The Licensee must email or upload completed cue sheets to Audiolander for each performance of the New Creative Work. Failure to send the completed cue sheets invalidates this License

IV.- Licensee has not received any copyright license or rights for any of the Licensed Works for any film-making or special use projects, including major market full-length films, independent full-length films, massive internet distribution/publication of music, or any other uses that are not specifically authorized in the Licensed Purposes described in Section 1 above.

V.- Licensee is licensed to incorporate an entire Licensed Work, or a portion of a Licensed Work, in Licensee’s New Creative Work. Licensee must not change the original lyrics, key, tempo, notes, or the fundamental character of the music, and must not re-mix, re-sequence, or otherwise modify or create any derivative works from the Licensed Work other than the Licensee’s New Creative Work.

VI.- Audiolander owns all the copyright rights for the Licensed Work. Licensee must not engage in any activity or use with respect to the Licensed Works that is not expressly granted in this License. Without limitation, License specifically must not: (a) Use the title, the subtitle or any portion of the lyrics of the Licensed Work as the title or subtitle of any film, video, short movie, or advertisement; or (b) Dramatize or use the plot or any dramatic content of the lyrics of the Licensed Work

VII.- The Licensee is licensed in perpetuity to use the Licensed Work for the Licensed Purpose in the form of a single New Creative Work.

VII.- This Agreement, the Audiolander Order Form, and the Audiolander License Payment Terms and Conditions together are the entire agreement of Audiolander and Licensee (the “Parties”) relating to the Licensed Work and can only be modified by a writing signed by all Parties. This Agreement does not constitute or create a partnership, joint venture, agency, or employer/employee relationship between the Parties. No act or omission will be a waiver of any breach of this Agreement, unless the waiver is specific and in writing.

IX.- This Agreement is governed by the laws of Chile. The Parties consent that any dispute, lawsuit, or legal action between them that is in any way related to this Agreement must be submitted to arbitration in accordance with the current Procedural Regulations of Arbitration of the Center of Arbitration and Mediation of Santiago.

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