SFX Agreement

This is a license agreement between burghrecords, doing business as edinburghrecords.com (“BurghRecords”) and you, the licensee. By purchasing this license, you agree to be bound by the terms and conditions of this End User License (the “Agreement”), which are as follows:

BurghRecords Non-Exclusive Licenses

This is a non-exclusive license, whereby BurghRecords grants you a limited right to use certain Sound Effects (SFX). The licensed Sound Effects shall hereby be referred to as the “Recording”. This license is valid for perpetuity and for the World. Once you purchase a Sound Effects license, you can use the Recording for as long as you want, with as many projects as you want (excluding templates), with no additional payments. In consideration of the license, you hereby agree to pay BurghRecords a certain license fee IF APPLIED, according to our website rates.

 

Sound Effects Usage

The Sound Effects license allows you to use the Recording with any type of New Media Project or any type of Traditional Media Project such as TV/Radio program and TV/Radio advertising, DVD or CD Mass Duplication, Theatrical/Film, iPhone / iPad / Smartphone applications and games, and web-based online video games. For the purpose of this Agreement, a New Media Project is defined as a production or project which makes use of new media or multi-media platforms, including web site background soundtrack, Podcasts, Flash animations and presentations, online tutorials, e-learning tools, slideshows, website videos, corporate training videos, Powerpoint presentations, multimedia CD-Roms, promotional DVDs, software demos, video blogs, online video sharing (YouTube, Vimeo, etc.).

 

Personal or Professional Use

This license is for your own personal or organization usage only, which can be personal or professional. You may use the Recording for your personal Projects and for professional Projects you undertake for your clients or for your employer.

 

Limitations of Use

You may not sell, transfer, share, give away or sublease the license agreement or the Recordings to any other party. You may not resell the Recording by itself or as part of a package except as embodied within your own Project. You may not resell the Recording (or otherwise make it available) within a downloadable template where someone would be able to download the sound file as a separate file, such as in e-card templates or a website template. You may not resell the Recording (or otherwise make it available) individually or as part of any competing product such as Sound Effects compilation or Sound Effects library. You may not resell the Recording (or otherwise make it available) as your own Sound Effects, even if it has been transformed, modified, remixed or edited in any way, or if you add other instruments or a voice to the sound effects.

 

Ownership

You hereby acknowledge that BurghRecords is and remains the owner of all right, title and interest in the Recording, including without limitation any copyrights therein. The Recording is protected by and subject to British and international copyright laws. We retain the right to sell licenses of the Recording to third parties, at our discretion.

 

Limitation of Liability

BurghRecords makes no warranty or representation, express or implied, except that it warrants that it has the right to grant the license granted hereunder. The total liability of BurghRecords under this Agreement shall be limited to that part of the fee paid hereunder by you to BurghRecords for the license. You hereby agree that this license is granted to you without any other warranty or recourse.

 

Taxes

The license fees charged by BurghRecords do not include any taxes, duties or other government charges. BurghRecords will charge Licensee additionally for the amounts of any such taxes, duties or other charges which BurghRecords is required to collect, including without limitation, sales and use taxes and value-added taxes. By entering into this agreement, you verify that your country of residence is the same as your billing address.

 

General Provisions

This Agreement shall be governed by and construed according to the laws of Scotland, United Kingdom, and the Parties hereby acquiesce to the jurisdiction of the courts of the judicial district of Edinburgh. The parties hereto have expressly requested that this Agreement and all ancillary documents be drafted in the English language. 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. 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.


Music Agreement

Project: A media project to which Recording is synchronized.

Recording: A certain piece of recorded music available for license from BurghRecords (including a musical composition).

 

BurghRecords Non-Exclusive Licenses

By purchasing a edinburghrecords license, BurghRecords grants you the limited, non-exclusive, non-transferable, worldwide (except where expressly limited to a single “Territory”) right and license, in perpetuity to modify (subject to related restrictions) and use a Recording in accordance with the terms and conditions of the Agreement, and the Standard or Premium License, as applicable. In consideration of the license you purchase, you hereby agree to pay BurghRecords a certain license fee according to our website rates. Previews of Recordings are available for download on the edinburghrecords website, are for internal testing and client approval purposes only and cannot be used for any other purpose including, but not limited to, any unlicensed use in commercial materials, advertisements, digital media or video synchronization.

Please find the details for each license below, followed by specifics pertaining to all license types:

Standard licence:

Our STANDARD license allows you to use the Recording in an unlimited number of Projects in the following ways:

On the web, including Commercially Distributed* Projects, including but not limited to:

  • In online streaming (YouTube, Vimeo, Netflix, Hulu, Amazon Prime)
  • Websites and social media
  • Web advertising (including as part of pre-roll advertising) and podcasts)

Any Project that is not “Commercially Distributed”*, or otherwise expressly set forth as a Premium License use case, including but not limited to:

  • Corporate Videos
  • Videos and Slideshows sold to third parties for non- commercial use
  • Apps & video games
  • Film and theatre (student, film festival) TV & radio programming (pilots, public broadcasting)

*A Commercially Distributed Project shall mean the distribution via download or in a physical form of more than 1,000 units of any single Project if such Project is intended to generate revenue to you.

 

Premium License:

Our PREMIUM license allows you to use the Recording in a single Project:

A Commercially Distributed* Project that is otherwise permitted under a Standard License.

in an advertisement distributed in a single Territory**:

  • on television (whether distributed via broadcast, cable, or in an “on-demand” context)
  • on the radio
  • out of home (e.g on billboards or in theatres)

In a film or theatre production, provided the budget for such film or theatre production does not exceed £500,000)

In point of sale locations, provided all such locations are located within a single Territory**, including but not limited to usage in:

  • shopping centres
  • point of sale systems
  • in-store displays
  • showroom videos
  • trade shows, industrial fairs and exhibitions.

A Territory shall be a single sovereign nation. Notwithstanding the single-use license granted by a Premium License, Recordings licensed under a Premium License may be distributed an unlimited number of times in connection with the underlying use, expressly including translations thereof.

 

Additional Terms For All License Types

Recording licensed hereunder are for your own personal or organizational use only. You may use the Recording for your personal Projects and/or professional Projects you undertake for your clients or for your employer.

Please note that this license does not include public performance rights. In order to properly report music used in TV and radio productions, cue sheets must be filed with the networks, stations and appropriate PROs, and a copy must be e-mailed to info@edinburghrecords.com. BurghRecords will provide all cue sheet information upon request.

With any of our licenses you may use a BurghRecord Recording on online video platforms systems, but BurghRecords retains ownership of the Recording. You may not claim ownership of the Recording (or otherwise make it available) through any content detection and/or registration system (such as YouTube’s Content ID), even if synchronized with your own Project.

 

Limitations of Use

You may not:

  • sell, transfer, sublicense, share, give away or otherwise assign the Recordings or your rights granted hereunder to any other party.
  • resell the Recording by itself or as part of a package except solely as embodied within your Project.
  • resell the Recording (or otherwise make it available) in any manner that would enable a third party to download the Recording as a separate file, such as in e-card templates or website templates.
  • resell the Recording (or otherwise make it available) as part of any competing product such as music compilation or music library.
  • sell the Recording (or otherwise make it available) as, or as part of, your music or as your song, even if it has been transformed or edited, or if you add other instruments or vocals to the music.
  • claim to be the creator or copyright holder of the Recording or of any derivative work created from the Recording.

 

Ownership

You hereby acknowledge that BurghRecords is and remains the owner of all right, title and interest in the Recording, including without limitation any copyrights therein. The Recording is protected by and subject to British and international copyright laws. This license is non-exclusive and BurghRecords retains the right to sell licenses of the Recording to third parties at its sole discretion.

 

Limitation of Liability

BurghRecords makes no warranty or representation, express or implied, except that it warrants that it has the right to grant the license granted hereunder. The total liability of BurghRecords under this Agreement arising from your use of any Recording shall be limited to the license fee paid by you for such Recording. You hereby agree that this license is granted to you without any other warranty or recourse.

 

Availability

BurghRecords makes all possible efforts to make sure that all the Recordings that comprise its online library are available at all times. However, BurghRecords makes no representations or warranties that all Recordings will be available always. BurghRecords may discontinue licensing certain Recordings at its sole discretion. In the event that BurghRecords gets a notice or otherwise concludes that any Recording may be subject to a claim of infringement of another’s right for which BurghRecords may be liable, BurghRecords may require you to immediately stop using the Recording, delete or remove the Recording from its premises, computer systems and storage (electronic or physical); and ensure that its clients do likewise. BurghRecords shall provide you with comparable content (which comparability will be determined by BurghRecords in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.

 

General Provisions

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. 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. 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.

This document acknowledges that the license has been paid for and issued.

 

Last Revised: October 2017