I’ve covered the End of User License Agreement contract several times within this blog, whether it be to using sample packs from sound libraries or to purchasing the license to use a piece of software, I have constructed my own contract in the use of selling the rights to my music, for the purposes of being used within various forms of media. Within the contract it states that, through the transfer of money the buyer is not purchasing the music, but the license to use it.
This works to my 2nd and 4th learning outcomes, which state that I am to learn enough about copyright law to be able to properly describe how to distribute my music legally, professionally and to be paid for my services in the process. They also that I must be able to write up my own documents and contracts for sound design and music.
They are entitled to a non-exclusive worldwide license for the full period of copyright by myself for the use of synchronisation, the use online and non-theatrical where no charge is made to the public and Duplication. Failure to accept the terms and conditions result in a refund from myself to the buyer and no license is granted to use my music.
The terms and conditions can be found below the picture.

“End User License Agreement – STANDING LICENSE
IMPORTANT: PLEASE READ THIS CAREFULLY
BY USING THE MUSIC CREATED FOR THE PURPOSES OF THIS
PROJECT, YOU [“THE BUYER”] ARE AGREEING TO BE BOUND BY THE
TERMS SET OUT HERE AS APPLICABLE TO YOUR CATEGORY OF
LICENSE – STANDING OR EXTENDED.
Please note you are not purchasing the music itself
[ownership/copyright is not transferred to you]; you are purchasing
a license to it.
TERMS AND CONDITIONS FOR ALL LICENSES
1. The Music [which shall mean all the data selected to be
downloaded] licensed to The Buyer by The Composer. The Buyer is
granted a non-exclusive worldwide license for the full period of
copyright by The Composer to use the music for:
SYNCHRONISING
With The Buyers own website (except templates that are sold or
given away) or online service, corporate/educational/ training
videos/ CD-ROM/ DVD, computer multimedia presentations or
animations [“Project”].
ONLINE
To exploit the Project electronically on all online services/networks
and to provide podcasts.
NON-THEATRICAL
Usage where no charge is made to the public [as part of Project
where applicable] to comprise:
– Trade Exhibitions, Presentations and Business Seminars – Corporate
and other in-house
Multimedia Presentations – Music On Hold / In-Store Music
(independent store only) – Photo
Presentations/slideshows Student Films and Community made Films
(College, Personal, Demo) and other non-commercial publicly
accessed venues, gatherings and
events.
DUPLICATION
To produce up to 500 [total of all media] copies of the Project CDROM,
CD-A or DVD (training/
Educational/promotional/family/wedding)
2. No rights are licensed until all steps have been completed through
the website and payment has been made by the Buyer and received
by The Composer.
3. These rights are specific and personal to The Buyer subject to
Terms 4 to 7. The Buyer shall not have the right to exploit the Music
data in any other media of any nature at any time or to permit others
to do so nor to make any additional unauthorised copies and/or to
permit, authorise, sub-licence, assign, transfer and/or otherwise
exploit the Music in any form, whether for other commercial
purposes or otherwise.
4. If the Buyer is acting as agent for another party [“the Principal”]
the Buyer warrants that it is legally authorised to enter into this
licence on behalf of the Principal.
5. Where acting as an agent the Buyer will disclose full details of the
Principal to The Composer when entering online information and
applying for a licence.
6. The Buyer agrees that the Principalʼs liability under the licence
does not affect the Buyerʼs liabilities and the Buyer continues to be
bound by all Terms of the licence.
7. The Buyer indemnifies The Beat Suite against all and any losses
caused by the Principalʼs breach of the Terms of this licence.
8. There is no further right to copy [beyond what is specifically
licensed] the Music for supply by The Buyer to any other persons
whether by copying or electronically supplying or otherwise all or
any part of the Music.
9. The Buyer shall not acquire any rights and/or interest in the Music
at any time which may be exploited by The Buyer, and all rights not
specified granted are reserved by The Composer.
10. The Buyer acknowledges the limits of this licence and undertakes
to inform any third party who seeks further or unauthorised use of
the Music that they must seek a licence from The Composer on their
own behalf.
11. If the Buyer has any concern that a third party with whom they
have been in direct or indirect contact may be about to or intend to
use the Music in an unauthorised way the Buyer will immediately
inform The Composer.
12. The Buyer agrees that any web site usage will be through a
streaming format that will prevent the Music from being
downloaded and used unlawfully by users of the Buyer’s site.
Podcast provision will be in a format and on terms to ensure this.
13. The Buyer shall use the Music entirely at The Buyer’s sole risk and
expense and agrees that
The Buyer shall be liable for all its own costs and expenses or
otherwise that may arise from any such use.
14. The Buyer is responsible for complying with any regulatory
requirements [such as PRS licensing] and payment of any further
sums due on any particular authorized use of the Music
15. In the event that there is a technical defect in the material
downloaded The Composer agrees to replace it provided that the
Music has been treated with all due care and not mistreated in some
manner or damaged by some other means after purchase. The Buyer
shall check the viability of the downloaded data before making
copies or further using.
16. If the Music is incompatible with The Buyer’s hardware and there
is no alternative product available then there is no liability on the
part of The Composer to provide any other disc and/or data or any
refund or reimbursement of any nature at any time. The Buyer
agrees that The Composer liability with respect to any such claim
made in relation to or arising out of this shall not exceed the licence
fee paid by The Buyer.
17. In the event of any other claim, demand, actions or otherwise by
The Buyer and/or any business for any reason arising from the use of
the disc and/or data then The Composer shall only be liable in total
to repay the full purchase price of the Music to The Buyer and that
The Composer shall not bear any responsibility and/or liability for the
use of the Music by The Buyer, any business, third party or otherwise
which is supplied directly or indirectly by The Buyer at any time.
18. The Buyer agrees that it is The Buyer’s responsibility to arrange
and bear the cost of insurance cover for the benefit of The Buyer,
any business and/or third party for the use of the Music by The Buyer
19. If The Beat Suite believes there are circumstances connected
with the Buyerʼs use of the Music or the licence granted that give rise
for action to be taken against a third party the Buyer agrees to give
such reasonable assistance as may be requested by The Composer.
20. If the Buyer receives any claim dispute Letter before Action or
other legal documentation concerning the Music from a third party
the Buyer will notify The Composer as soon as possible
21. The Composer does not accept any responsibility for the use of
the Music by The Buyer and subject to any legislation limiting the
right to exclude liability shall not be liable for any direct and/or
indirect damages, loss, injury or otherwise that may arise in respect
of The Buyer and/or any business in which The Buyer may be
involved and/or to which The Buyer may supply advice or material
for any reason.
22. Without prejudice to the generality of the previous Term The
Composer does not accept any responsibility and/or liability for any
errors, omissions, viruses, defects and/or any other matters of any
nature in the Music which may be a legal, technical or material fault
or problem or otherwise.
23. The information on this website is provided without warranties
of any kind either express or implied as to merchantability, fitness for
any particular purpose or non-infringement or by virtue of the course
of dealing or custom of any particular trade or industry.
24. The Composer confirms that all rights necessary for the specified
use by The Buyer of the Music have been obtained from the
Composer.
25. The Buyer shall not represent the Music as their own or claim a
credit.
26. In the event that The Composer become aware and/or have
reasonable grounds to believe that The Buyer and/or third party is
using the Music in a manner which was not set out in this document
The Composer shall be entitled without notice to The Buyer to
terminate the licence provided under this document without
prejudice to any other rights and remedies of The Composer. The
Buyer shall be obliged upon written notice to surrender all copies of
the Music and/or data to The Composer.
27. The Buyer will indemnify The Composer against all and any claims
demands actions damages liabilities and all reasonable expenses
including legal expenses incurred as a result of any breach of this
Agreement by The Buyer. The Buyer acknowledges that any breach
of this Agreement may cause serious damage to the proprietary
interest in the Music and that damages may not be adequate
compensation for such a breach and therefore agrees that in such
circumstances The Composer shall be entitled to an injunction.
28. The Buyer agrees that it shall not use and/or authorise the use of
the Music whether disc and/or data in any manner or nature which is
inconsistent with the intended purpose of the licence granted. Nor
shall The Buyer deface, erase, remove and/or alter any part of the
copyright notice or trademarks of The Composer displayed on any
part of the Music and/or data.
29. The Buyer will not disclose passwords or access codes used in
accessing any area of the web site and will maintain the same as
confidential and will use best endeavours to maintain strict
safeguards on all Music licensed under this Agreement.
30. This Licence is granted by The Composer to The Buyer but the the
Music shall so far as rights retained apply be entitled to all benefits
and rights as set out in this Licence subject to legislation concerning
third-party contractual rights.
31. Together with entries made and submitted on the website by or
on behalf of the Buyer these Terms are the entire agreement
between the parties and supersede all previous agreements
promises and representations. Any amendment or alteration shall be
in writing and signed by authorised representatives of each party.
32. Every Term in this Licence is intended to be severable and if any
should be held to be invalid unenforceable or illegal by a court the
validity and enforceability of the remaining Terms shall not be
affected.
33. The Composer may assign its benefits under this Agreement in
whole or in part at its sole discretion. The Buyer may only assign its
rights with the specific prior written approval of The Composer.
34. This Licence shall be governed by the Laws of England, whether
the Music is supplied and/or used in the United Kingdom and/or in
any part of the universe.”