Music Licensing Agreement
Let's get down to the details. Below, find the license for any music files that are included in RocketStock products. Got a question about the licenses? Give us a shout. We're happy to help.
This is an agreement between SHUTTERSTOCK MUSIC CANADA ULC, doing business as RocketStock.com (“RocketStock”) and you, the licensee (“you”). If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity.
By using our website, you agree to be bound by the terms and conditions of the following Music End User License (the “Agreement”):
For the purpose of this Agreement, “Music” means any musical compositions, master recordings, and any other recordings containing sounds or a series of sounds, in all formats, now known and hereinafter developed, which is available for license from RocketStock.
1. All Music on this website is protected by Canadian and international copyright laws and treaties. As between the parties, RocketStock reserves all rights in and to the Music not expressly granted to you by the terms of this license. Your rights to use any Music are subject to this license agreement and are conditioned upon your payment to RocketStock for your use of the Music.
2. License. By this Agreement, RocketStock grants you a personal, perpetual, worldwide, non-exclusive, non-transferable right to synchronize Music in any and all media projects created by you.
3. Restrictions. Notwithstanding the foregoing (and without limitation), you may not:
a. Sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute to any third-party the Music or the right to use the Music;
b. Make Music available on any electronic bulletin board, in a downloadable form available through the internet or otherwise including make it available via FTP, IRC, peer-to-peer file sharing services or the like;
c. Manufacture, distribute, sell or otherwise exploit “records”, CDs, mp3s or any other audio product embodying sound alone which incorporates Music. For the purpose of this subparagraph the term “records” means all forms of reproductions, whether now known or hereafter devised, manufacture or distributed primary for home use, school use, or juke box use, embodying sound alone (excluding synchronized material);
d. Use the Music in connection with other material that is defamatory, libelous, obscene, immoral, illegal or that otherwise violates any right(s) of any third party(ies);
e. Violate export laws, restrictions or regulations, by shipping, transferring or exporting Music into any country in violation of any export laws, restrictions or regulation;
f. Use, sell, sublicense, reproduce, distribute, display, incorporate into or otherwise make Music, in whole or in part, available as, or as part of, production library content, or downloadable files or include the Music or any derivative work incorporating the Music in any other stock product, library, or collection;
g. Remix, mashup, or otherwise alter the Music, except that you may engage in basic editing of the Music (e.g., setting start/stop points, determining fade-in/fade-out points, etc.) in connection with the exercise of the license granted under this agreement;
h. Use Music in an audio-only production in which music is the primary content;
i. Share any Music by providing access to the Music on shared disk drives, computer networks, intranets of any nature or otherwise.
4. You hereby acknowledge that RocketStock is and remains the owner of all right, title and interest in each Product licensed by you, including without limitation any copyrights therein. All Music is protected by and subject to Canadian and international copyright laws. RocketStock retains the right to sell licenses to the Music to third parties at its discretion.
5. You may publish projects incorporating Music on third party so-called “user-generated” content distribution platforms (e.g., YouTube) (a “UGC Platform”). You may not claim ownership of the Music or otherwise register any Music with any UGC Platform even as synchronized with your own project. If you become aware that any third party claims any ownership interests in any Music, you agree to promptly notify RocketStock of each such claim.
6. You agree to indemnify and hold RocketStock, its officers, employees, shareholders, directors and suppliers harmless against any damages or liability of any kind arising from any use of the Music other than the uses expressly permitted by this agreement. You further agree to indemnify RocketStock for all costs and expenses that RocketStock incurs in the event that you breach any of the terms of this or any other agreement between you and RocketStock.
7. Except as specifically provided herein, neither RocketStock nor any of its directors, officers, employees, partners, licensors, or agents shall be liable for any damages, whether direct, indirect, consequential, or incidental, arising out of the use of, or the inability to use, any Music.
8. All Products are provided “as is” without warranty of any kind, either express or implied, including, but not limited to the implied warranties of non-infringement, merchantability, or fitness for a particular purpose. Notwithstanding the foregoing, RocketStock warrants that it has the right to grant the license granted hereunder.
9. In the event of a claim arising from the use of a Product, RocketStock’s total liability to you under this Agreement shall be limited to the fee paid hereunder by you to RocketStock for the license to such Product.
10. In the event that RocketStock gets a notice that any Product may be subject to a claim of infringement, upon notice from RocketStock, you will immediately stop using the Product, delete or remove the Product from your premises, computer systems and storage (electronic or physical), and ensure that your clients do likewise. In such event, RocketStock’s sole obligation will be to provide you with a comparable Product (which comparability will be determined by RocketStock in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.
11. RocketStock makes no representations or warranties that all Products will be available at all times. RocketStock may discontinue licensing certain Products at its sole discretion.
12. Except for purchases made within the Canadian territories, fees charged by RocketStock hereunder do not include any taxes, duties or other government charges. You are solely responsible for any such taxes, duties or other charges, including without limitation, sales and use taxes and value added taxes.
13. This Agreement shall be governed by and construed according to the laws of the Province of Quebec, Canada, and the Parties hereby acquiesce to the jurisdiction of the courts of the judicial district of Montreal. The parties hereto have expressly requested that this Agreement and all ancillary documents be drafted in the English language. Les parties aux présentes ont expressément exigé que cette convention et tous les documents accessoires soient rédigés en langue anglaise. Nothing in the present Agreement shall be interpreted as constituting or creating a joint venture or partnership between the Parties. This Agreement shall be to the benefit of and bind the respective heirs, executors, administrators and assigns of the Parties hereto.
14. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or any other legally constituted body having jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect.
15. It is expressly understood and agreed that this Agreement is entered into solely for the mutual benefit of the parties herein and that no benefits, rights, duties, or obligations are intended by this TOS as to third parties.