Foximusic License Agreement

This is a licensing agreement between Foximusic (hereafter “Foximusic“) and You (business entity, company, individual or other legal entity, etc., acting as itself or through a legal representative – hereafter, “Licensee” or “You“). By purchasing a Standard License or Premium license from Foximusic or from one of its authorized resellers, affiliates, or partners, You hereby agree to be bound by the following terms and conditions (the “License Agreement“):

1. Definitions

Audio File(s): a sound recording (including underlying musical works) available for license from Foximusic.

Standard License: a music license that permits use online in digital platforms and social media.

Premium License: a music license that permits use both in online and beyond web-based platforms such as satellite, cable, and television broadcast, standalone products, apps & video games, audiobooks, etc.

Project or End Product: a media, audio/visual project to which Audio File is synchronized, including all its versions, multiple episodes, trailers, variations, updates, and/or re-releases that come under the same Project/title.

Territory: Worldwide, except where expressly limited to a single territory.

2. License

Foximusic grants Licensee the limited, non-exclusive, non-transferable right and license (hereafter “License“), through Territory, in perpetuity, to use Audio File in an unlimited number of Licensee’s Projects (except where expressly limited to a single Project), in accordance with the terms and conditions of this Agreement.

3. Allowed Uses; Standard And Premium

Licensee may use Audio File in the following types of Projects:

Standard License (internet, web-based, intended for self monetization revenue)

  • Online videos for YouTube, Vimeo, Facebook, Instagram, etc.;
  • Social media platforms, vlogs, fan pages, live streams, podcasts, and online marketing campaigns;
  • Online advertising & commercials, tutorials, unboxings;
  • Website and webpage background audio;
  • Slideshows, multimedia presentations, educational material, streamed audiobooks;
  • Streaming television and radio shows (programs, news, documentaries, T.V. series, talk shows, etc.); digital apps include Amazon, HBO, Netflix, Hulu, Showtime, etc.
  • Streamed Radio commercials & advertising;
  • Any other commercial or non-commercial use, the purpose of which is to synchronize Audio File to a visual image, or to use Audio File as background audio to multimedia content (unless expressly limited to a single Project).

Premium License (expressly limited to non-web, broadcast advertising, standalone products intended for distribution)

  • TV/Radio advertisements;
  • Video/Film productions (physical copies for distribution);
  • Applications & video games (computer and console);
  • Educational material and audiobooks;
  • Satellite broadcast television or radio shows (programs, news, documentaries, TV series, talk shows, etc.); (cable or satellite service)
  • Satellite broadcast Radio commercials & advertising;
  • Commercial theatrical releases;
  • Film and theatrical festivals (student and professional);
  • Any other commercial or non-commercial use, the purpose of which is to synchronize Audio File to a visual image, or to use Audio File as background audio to multimedia content (unless expressly limited to a single Project).

4. Limitations; Standard And Premium

Licensee may not:

  • Transfer the rights, sublicense, sell, resell, present, lease, lend, distribute, share, make available for download, and/or transfer Audio File to any other individual or production company;
  • Create/produce new musical works based on Audio File (musical compositions, songs) or release and distribute them;
  • Use/include Audio File in different types of music compilations, such as music compilation CDs/DVDs, music albums, where Audio Files are stand-alone elements/tracks;
  • Redistribute Audio File as a part of different multimedia templates (e.g. website templates, video templates, e-card templates, slideshow templates, etc.) that are subsequently offered to multiple end-users;
  • Redistribute Audio File as a part of commercially-produced and commercially-released on-hold systems that are subsequently offered/sold to multiple end-users;
  • Use or redistribute Audio File as a part of telephone or mobile phone ringtones.

5. Editing Audio File

Licensee may edit, modify, alter Audio Files (crop, lengthen, shorten, fade, pitch, filter, loop, etc.) to fit the requirements of their Project. If such modification or alteration constitutes a derivative work (a work based upon Audio File), Licensee does not acquire any copyright ownership or equivalent rights in or to any of Audio File and Licensee shall use such derivative work only in accordance with this License.

6. Termination & Cancellation

In the case of a sale being reversed or canceled or of money being refunded to Licensee for any reason, all rights granted under this Agreement will immediately terminate. Licensee must stop their use of Audio File and destroy all copies of Audio Files.

7. Representations & Warranties

Foximusic represents and warrants that it has full authority to grant all the rights contemplated by the terms set in this Agreement and that it has obtained all necessary permissions from copyright owners or their legal representatives to grant such rights to the Licensee.

8. Limitation Of Liability

In no event shall Foximusic’s total aggregate liability to Licensee, or to any third-party claiming through Licensee, arising out of or in connection to Licensee’s use of or inability to use Audio File (whether in contract, tort, or otherwise) exceed the monetary amount actually paid by Licensee to Foximusic for use of Audio File. Licensee’s sole remedy shall be a refund and Licensee agrees that this License is granted to them without any further warranty or recourse.