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MUSIC EVOLUTION STUDIOS CONTENT LICENSE AGREEMENT

This is a license agreement between you and Music Evolution Studios that explains how you can use photos, video clips, music sample packs, music presets that you license from Music Evolution Studios. By downloading content from Music Evolution Studios, you accept the terms of this agreement.

 

What types of licenses does Music Evolution Studios offer?

Music Evolution Studios offers two types of licenses: standard and extended. 

By default, all content downloaded from Music Evolution Studios is subject to the extended license terms unless explicitly designated as free content with a standard license.

 

1.1 Standard License:

  • Non-Commercial Use: The standard license is intended for non-commercial use only. Users may download and utilize the content for personal projects, educational purposes, or non-profit initiatives. Commercial use of content under the standard license is strictly prohibited.
  • Scope of Usage: Under the standard license, users are limited in the scope of usage. The content may be used for non-commercial purposes such as:
    • Personal Projects
    • Educational Materials
    • Non-Profit Initiatives
    • Personal Social Media Posts (non-commercial)
    • Personal Blogs or Websites (non-commercial)
  • Restrictions: Users are not permitted to use the content for any commercial purposes without obtaining an extended license. This includes but is not limited to advertising, marketing, promotion, product packaging, and any other activity aimed at generating profit.

 

By providing a standard license for non-commercial use, Music Evolution Studios ensures that users can access and utilize the content for personal or educational purposes while safeguarding against unauthorized commercial exploitation.

 

1.2 Extended License:

  • Commercial Use: The extended license allows users to utilize the content for commercial purposes. This encompasses any use of the content for profit, including advertising, marketing, merchandise, and product packaging.
  • Non-Exclusive: The extended license does not provide exclusive usage rights. Multiple users may access and use the same content for commercial purposes.
  • Scope of Usage: With the extended license, users have broad permissions to use the content across various mediums and platforms. This includes but is not limited to:
    • Websites
    • Blog Posts
    • Social Media
    • Advertisements
    • Marketing Campaigns
    • Corporate Presentations
    • Newspapers
    • Magazines
    • Books
    • Film and Television Productions
    • Web and Mobile Applications
    • Product Packaging

 

By offering such comprehensive permissions under the extended license, Music Evolution Studios enables users to leverage the content effectively across diverse commercial applications while ensuring that the content remains non-exclusive.

 

Who Can Use the Licensed Content

2.1 Non-Transferability: The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense them to anyone else, except as provided below:

  • Employer or Client: If you are purchasing on behalf of your employer or client, then your employer or client can use the content. In that case, you represent and warrant that you have full legal authority to bind your employer or client to the terms of this agreement.
  • Subcontractors: You may allow subcontractors or distributors to use content in any production or distribution process related to your final project or end use. These subcontractors and distributors may not use the content for any other purpose.

 

Seat/User License Restrictions

3.1 Restrictions: The standard license is for a single user. The seat/user restrictions refer to the raw file of content, not the end project or use. Unless you purchase an extended license, you may not store the content on a server (giving more than one person simultaneous access to the content).

3.2 Unlawful Use: You shall not employ the content in any manner that is pornographic, defamatory, or otherwise unlawful. Additionally, you must refrain from using the content to promote violence or hatred, or in violation of any applicable regulations or industry standards.

3.3 No Standalone File Use: The content may not be utilized in any manner that permits others to download, extract, or redistribute the content as a standalone file, separate from its original project or end use.

3.4 No Use in Trademark or Logo: Without acquiring a custom license (not available for Music), you are prohibited from incorporating the content (in whole or in part) as the distinguishing feature of a trademark, design mark, tradename, business name, service mark, or logo. Moreover, you are not authorized to register such content (in whole or in part) as a trademark or utilize any registrations, prior use, or accrued goodwill to prevent third-party use of the content or similar content.

3.5 Sensitive Use Disclaimer Requirement: In instances where the content features models or property associated with topics that may be considered unflattering or controversial, you are obligated to provide a disclaimer indicating that the content is used for illustrative purposes only. Additionally, you must specify that any individual depicted in the content is a model. No disclaimer is necessary for “editorial use only” content utilized in an editorial manner.

3.6 No False Representation of Authorship: You are prohibited from misrepresenting yourself as the original creator of an end product primarily composed of licensed content. For instance, you may not create a painting solely based on licensed content and claim authorship.

3.7 Additional Restrictions for the Use of Music Samples & Presets:

  • No Resale or Redistribution of Sample Packs or Presets: Sample packs or presets containing Music are not to be resold, redistributed, or otherwise made available to third parties in their original or modified form. Users are prohibited from copying, duplicating, or replicating the sample packs or presets for commercial or non-commercial purposes beyond the scope of their original use.
  • No Repackaging or Rebranding: Users are strictly prohibited from repackaging or rebranding the sample packs or presets containing Music for sale or distribution under a different name, label, or brand identity.

 

Intellectual Property

4.1 Ownership: Music Evolution Studios retains all rights, title, and interest in and to the licensed content, including all copyrights and other intellectual property rights therein.

4.2 Attribution: You shall credit Music Evolution Studios appropriately for the licensed content used, in the following manner specified by Music Evolution Studios:

  • Company Name: Music Evolution Studios
  • Source: The URL where the image is hosted.

This attribution ensures proper recognition of Music Evolution Studios as the source of the licensed content.

 

Term and Termination

5.1 Term: This Agreement shall commence on the Effective Date and shall continue until terminated as provided herein.

5.2 Termination: Either party may terminate this Agreement by providing written notice to the other party in the event of a substantial breach of any provision of this Agreement, provided such breach remains unremedied within a specified cure period. This Agreement remains effective until terminated by either party.

You may terminate this Agreement by discontinuing the use of the content and removing or erasing any duplicates. 

Music Evolution Studios reserves the right to terminate this Agreement at any time if you fail to comply with any of its terms. In such a scenario, you must promptly discontinue the use of the content, remove or delete any copies, and, if requested, provide written confirmation to Music Evolution Studios that you have adhered to these obligations.

 

Governing Law and Jurisdiction 

This Agreement, its interpretation, validity, and enforcement, and any disputes arising out of or relating to it, shall be governed by and construed in accordance with the laws of England and Wales. Any legal action or proceedings arising under or related to this Agreement shall be brought exclusively in the courts of England and Wales. Each party hereby submits to the exclusive jurisdiction of the courts of England and Wales for the purpose of any such legal action or proceedings.

  • Indemnification by Licensee: You agree to indemnify, defend, and hold harmless Music Evolution Studios, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees arising out of or related to any breach of this Agreement by you (or anyone acting on your behalf) of any of the terms of this agreement.

Representations and Warranties

  • By Licensor: Music Evolution Studios represents and warrants that it has the full right, power, and authority to grant the license granted herein, that the licensed content does not infringe upon the intellectual property rights or any other rights of any third party, and that the licensed content complies with all applicable laws and regulations.

 

  • By Licensee: You represent and warrant that you will use the licensed content in compliance with this Agreement, including all applicable licenses, and that your use of the licensed content will not violate any third-party rights or any applicable laws or regulations. Note that you are solely responsible for any edits made to the content.

 

Caption/Metadata Disclaimer.

While we have made reasonable efforts to correctly categorize, keyword, caption and title the content, music evolution studios does not warrant the accuracy of such information, or of any metadata provided with the content.

 

No Additional Warranties.

Cultural Assets – No Assurance. In certain regions, the utilization of content portraying artwork, architecture, or culturally significant landscapes might necessitate additional authorization and fee payments to the appropriate governing bodies. It is your sole responsibility to acquire such authorizations and fulfill these fees. Music Evolution Studios disclaims any liability arising from the absence of such actions.

Apart from the warranties specified in Section 11, which cover Music Evolution Studios’ representation of its rights to grant the license, non-infringement, and compliance with laws, the licensed content is provided “as is” without any additional guarantees, representations, or conditions, whether express or implied. This encompasses implied guarantees, representations, or conditions of merchantability or suitability for a specific purpose. Music Evolution Studios does not assure or guarantee that the content will fulfill your needs or that its usage will be continuous or error-free.

 

Limitation of Liability.

Music Evolution Studios will not be liable to you or any other person or entity for any punitive, special, indirect, consequential, incidental, or other similar damages, costs, or losses arising out of this agreement, even if Music Evolution Studios has been advised of the possibility of such damages, costs, or losses. Some jurisdictions do not permit the exclusion or limitation of implied warranties or liability.

 

Assignment.

This agreement is personal to you and is not assignable by you without Music Evolution Studios’ prior written consent. Music Evolution Studios may assign this agreement, without notice or consent, to any corporate affiliate or to any successor in interest, provided that such entity agrees to be bound by these terms. 

 

Electronic storage.

You agree to retain the copyright symbol, the name of Music Evolution Studios, the content’s identification number, and any other information embedded in the electronic file containing the original content, and to maintain appropriate security to protect the content from unauthorized use by third parties. You may make one (1) copy of the content for backup purposes. 

 

Severability.

If one or more provisions of this agreement are found to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable. 

 

Waiver.

No action of either party, other than express written waiver, shall be construed as a waiver of any provision of this agreement.

 

Notice.

All notices required to be sent to Music Evolution Studios under this agreement shall be sent via email to contact@musicevolutionstudios.co.uk. All notices to you will be sent via email to the email address set out in your account. 

 

Taxes.

You agree to pay and be responsible for any and all sales taxes, use taxes, value-added taxes, and duties imposed by any jurisdiction as a result of the license granted to you or your use of the licensed content.

 

Entire Agreement.

This Agreement constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, pertaining to such subject matter. No terms or conditions of this agreement may be added or deleted unless made in writing and accepted in writing by both parties or issued electronically by Music Evolution Studios and accepted in writing by you. In case of any inconsistency between the terms of this agreement and those contained in any purchase order sent by you, the terms of this agreement shall prevail.