Standard License Agreement
This is an agreement between BeNow Human Potential Ltd. (hereafter "BeNow") and you (business entity, company, individual or other legal entity etc., acting itself or through a legal representative - hereafter, "Licensee" or "You"). By purchasing a music license from BeNow or from one of its authorized resellers, affiliates or partners (hereafter, "BeNow Group"), you hereby agree to be bound by the following terms and conditions (the “Agreement"):
Audio Clip: a sound recording (including underlying musical works) available for license from BeNow.
Project or End Product: a media, audio/visual project to which Audio Clip is synchronized, including all its versions, multiple episodes, trailers, variations, updates or re-releases that come under the same Project / title.
Territory: worldwide, except where expressly limited to a single territory.
BeNow grants Licensee the limited, non-exclusive, non-transferable right and license (hereafter "License"), through Territory, in perpetuity, to use Audio Clips in an unlimited number of Licensee's Projects (except where expressly limited to a single Project), in accordance with the terms and conditions of this Agreement. This License relates to the Audio Files purchased in the download folder that came with this agreement. Please keep your purchase email as proof of rights of use.
3. Allowed Uses
Licensee may use Audio Clips in the following types of Projects:
Individual one to one therapeutic sessions;
Yoga groups and other south asian practices
Chi Gong Tai Chi and other far eastern practices
Gathering for any purpose up to 40 people
Sound healing groups.
4. Limitations of Use
Licensee may not:
Transfer the rights, sublicense, sell, resell, present, lease, lend, distribute, share, make available for download, and/or transfer Audio Clips to any other individual or production company;
Create/produce new musical works based on Audio Clips (musical compositions, songs) or release and distribute them;
Use/include Audio Clips in different types of music compilations, such as music compilation CDs/DVDs, music albums, where Audio Clips are stand-alone elements/tracks;
Redistribute Audio Clips as a part of different multimedia templates (e.g. website templates, video templates, e-card templates, slideshow templates, etc.) that are subsequently offered to multiple end-users;
Redistribute Audio Clips as a part of commercially-produced and commercially-released on-hold systems that are subsequently offered/sold to multiple end-users;
Use or redistribute Audio Clips as a part of telephone or mobile phone ringtones.
This License does not include the use of Audio Clips in the following types of Projects:
TV advertising & commercials;
Online videos (YouTube, Vimeo, MetaCafe, Facebook, etc.), social media and podcasts;
Online advertising & commercials;
Website background audio;
Applications & games (online, computer, video, flash and mobile);
Slideshows, multimedia presentations, educational courses (including those online), and audiobooks;
TV/radio shows (programs, news, documentaries, TV series, talk shows etc.);
Radio advertising & commercials;
Film and theatrical festivals (student and professional);
Commercial theatrical releases;
Any other commercial or non-commercial use, the purpose of which is to synchronize Audio Clips to a visual image (hereafter, "Sync Use") or to use Audio Clips as background audio to multimedia content.
5. Copyright & Ownership
Audio Clips are copyrighted and are protected under the various laws of international treaties, the United States, and other applicable laws and remain the sole and exclusive property of their respective copyright owners.
6. Refund Policy
BeNow is unable to accept cancellation of any orders for digital downloads, nor to offer any refund for such orders, once Licensee has commenced downloading.
7. Termination & Cancellation
In the case of a sale being reversed or cancelled or of money being refunded to Licensee for any reason, all rights granted under this Agreement will immediately terminate. Licensee must stop their use of Audio Clips and destroy all copies of Audio Clips.
8. Representations & Warranties
BeNow represents and warrants that it has full authority to grant all the rights contemplated by the terms set in this Agreement, and that it has obtained all necessary permissions from copyright owners or their legal representatives to grant such rights to the Licensee.
9. Limitation of Liability
In no event shall BeNow' total aggregate liability to Licensee, or to any third party claiming through Licensee, arising out of or in connection to Licensee's use of or inability to use Audio Clips (whether in contract, tort, or otherwise) exceed the monetary amount actually paid by Licensee to BeNow for use of Audio Clips. Licensee's sole remedy shall be a refund and Licensee agrees that this License is granted to them without any further warranty or recourse.