Premium License
1) The terms and conditions of licensing that appear hereafter through Paragraph 14 shall apply to this Premium License granted by Gallant Heart Media (“GHM”).
2) The Premium License applies to use of the royalty-free music (hereinafter “the Music”) in settings that include Films Released in Theaters, TV Series, and TV and Radio Advertisements.
3) Gallant Heart Media retains complete copyright ownership of the Music. This license grants purchaser or client of purchaser (hereinafter “Licensee”) the non-exclusive and non-transferable right to use the purchased Music for one allowed application, undertaking, or end product (hereinafter “End Product”). A separate license is required for each use, i.e., for each project or for each client. Licensee may not transfer the license to a third party or grant a third party the right to use the Music in lieu of Licensee.
4) Licensee may not extract the Music from the End Product for a purpose separate and distinct from the original End Product.
5) Licensee is not authorized to feature the Music solely “as is” or as part of a music compilation where the Music is a stand-alone element (excluding settings where public performance rights apply — See Paragraph 12 below). The Music must be synchronized or combined with other audio-visual or audio-only works (e.g., theatrically released films, television series and advertisements) to create a unique End Product.
6) Licensee is not authorized to remix, register, lease, redistribute, or resell the Music as an original song, as a song combined with lyrics, as part of an on-demand or made-to-order application (e.g., website builder, stock video template, generator for slideshows or e-cards), or as part of any multimedia template that is subsequently offered to multiple end-users.
7) Licensee is authorized to loop, crop, or fade the Music to meet the creative needs of the End Product.
8) Licensee shall not claim ownership of or rights to the Music even if Licensee makes permissible modifications of the Music to suit the End Product. The resulting End Product derived from use of the Music remains subject to the terms of the purchased License.
9) Licensee shall include Gallant Heart Media on its “credits” listing for the End Product.
10) Licensee may not use the Music in conjunction with an End Product that contains defamatory, obscene, or pornographic material or material that demeans on the basis of personal identification factors such as ethnicity, race, national origin, religion, or gender.
11) Licensee shall indemnify and hold GHM harmless from any and all damages and expenses stemming from Licensee’s inability to use the Music for Licensee’s intended purpose or from Licensee’s use of the Music in a manner found to infringe rights or to violate the law.
12) This license does not alter GHM’s right to receive performance royalties. Where Licensee intends to allow broadcast of the End Product or its use or performance in a public place, Licensee shall ensure that the airing network, event organizer, or public entity has a public performance license and that the entity so licensed will submit “cue sheets” to ASCAP, the Performing Rights Organization (“PRO”) with whom GHM is affiliated, and a copy to info@gallantheartmedia.com. Further information re: cue sheets can be obtained at https://www.ascap.com/help/royalties-and-payment/cue-sheets. (The PRO citations for royalty-free music recordings on GHM [gallantheartmedia.com] are as follows: Composer: Erin Francis, PRO: ASCAP, IPI: 1093268740, Publisher: Gallant Heart Media, PRO: ASCAP, IPI: 1093268642.)
13) Any use of the Music not in compliance with the terms of this license, and without express written permission from GHM, shall automatically terminate the license and subject Licensee to liability for consequent damages.
14) The license shall be governed by and construed in accordance with the laws of the State of California.