[C] Mass Market License

(18.06.09)

Terms and Conditions of music use:

This license is worldwide, non-exclusive and for a 99 year term from purchase.
BY PURCHASING MUSIC FILES (Music tracks, Music loops, Music edits, Sound Effects, Audio files, Digital files etc. -hereafter known as "Music") FROM SMARTassMusic (www.smartassmusic.com), YOU (business entity/company/individual - hereafter "Licensee") AGREE TO THE FOLLOWING TERMS AND CONDITIONS::

Permitted uses:

SYNCHRONISATION RIGHTS:
Licensee may synchronise within your own website (with the exception of templates-either sold or given away) or online service, corporate/ educational/ training videos / CD-ROM / DVD, computer multimedia presentations or animations (unlimited duplication) .

BROADCAST USAGE:
Licensee may broadcast "The Music" nationally and internationally ( including advertising campaigns) via Radio, TV, Cable or satellite.
(Requires cuesheet submission)

INTERNET:
Licensee may use "The Music" within all online services/ networks and within podcasts. All internet use must be streamed (with the exception of podcasts).

PUBLIC PERFORMANCE:
Licensee may use "The Music" at:
- Any public event

THEATRICAL RELEASE :
Licensee may use "The Music" within any production for theatrical release.

MASS DUPLICATION/ MECHANICAL RIGHTS:
Licensee may produce mechanically [total of all media]:

•Unlimited Duplication

INTERACTIVE
The Copies Paid For may include any form of computer software or interactive media (unlimited duplication).

COPYING
Licensee may back up, and store on a single server, a single copy of the Content, as necessary for archival, tracking or asset management purposes only.

ADVERTISING AND PROMOTION
Excerpts from the Project may be reproduced in any media for the purposes of promoting the Project

PROHIBITED USES:
Licensee may not:
Resell, assign, transfer, convey or otherwise transfer The Music for use in mobile or wireless devices, including but not limited to mobile telephones, handheld game consoles, and PDAs. Such usage is subject to additional licensing fees. Please contact support@smartassmusic.com for information on reseller licenses.

IN ADDITION:

These rights are personal to the Licensee. Licensee shall not have the right to make any additional copies and/or to permit, authorise, sub-licence, assign, transfer and/or otherwise exploit the Music in any form, whether for other commercial purposes or otherwise.
There is no right to copy the Music [with the exception of the duplication licence] for supply by the Licensee to any other persons by copying or electronically supplying all or any part of the Music.

Licensee agrees that any web site usage will be through a streaming format.

SMARTassMusic confirms that all rights necessary for the specified use by the Licensee of the Music have been obtained from the Composer. SMARTassMusic and the Composer do not accept any responsibility and/or liability for any errors, omissions, viruses, defects and/or any other matters of any nature in the Music which may be a legal, technical or material fault or problem or otherwise.

The copyright owners of the work contained in the Music is the Composer named on the web site. SMARTassMusic should be identified where appropriate as “smartassmusic.com”. The Licensee shall not represent the Music as their own or claim a credit.

You will indemnify SMARTassMusic against all and any claims demands actions damages liabilities and all reasonable expenses including legal expenses incurred as a result of any breach of this Agreement by You. The Licensee acknowledges that any breach of this Agreement may cause serious damage to the proprietary interest in the Music and that damages may not be adequate compensation for such a breach and therefore agrees that in such circumstances SMARTassMusic shall be entitled to an injunction.

The Licensee will not disclose passwords or access codes used in accessing any area of the web site and will maintain the same as confidential.
This Licence shall be governed by the Laws of England, whether the Music is supplied and/or used in the United Kingdom and/or in any part of the universe.