300 Monks End User Music License

Welcome to 300 Monks!

On behalf of the many artists whom we represent, we thank you very much for your interest in using our artists’ music and your effort in taking the time to obtain license and fairly compensate us for such use. Your support will encourage our artists to create and provide you with more music in the future as well as help us to continue to help you to obtain permission for such use in a more time and cost efficient way.

PLEASE READ THIS AGREEMENT CAREFULLY. BY PURCHASING AND DOWNLOADING ANY OF THE MUSIC ON THIS SITE, YOU (“LICENSEE”) HEREBY AGREE TO AND ARE BOUND BY THE TERMS AND CONDITIONS OF THIS 300 MONKS END USER MUSIC LICENSING PACT.

1. Parties to the Pact.

This is a pact between 300 Monks, LLC, with an address at 114 Garfield Place, Suite 3R, Brooklyn, NY 11215 (called “300 Monks” hereafter) and you, the Licensee, whose name(s) appear at the end of this pact and made a part thereof. Note that the Schedule A, along with these terms and conditions, constitute the entire pact between 300 Monks and the Licensee (altogether and designated as 300 Monks EUML Pact No. [2.0], the “300 Monks EUML Pact”).

Therefore, for this 300 Monks EUML Pact to be binding (in other words, for Licensee to have the legal rights to use the music for the purposes Licensee wants to use), it is important that Licensee reviews these terms and conditions and Schedule A – carefully and to make sure that Schedule A – Licensing Options  lists (i) all of the titles of the music which Licensee intends to use and (ii) all of the purposes of which Licensee intends to use each music for.

2. Effective Date.

The 300 Monks EUML Pact will become effective (the “Effective Date”), the date of 300 Monks’ actual receipt of the license fees in full as set forth in Schedule A  (the “License Fees”).

3. Grant of Rights.

In consideration of Licensee’s payment of the License Fees, during the Term (defined in Paragraph 6) of this 300 Monks EUML Pact, 300 Monks hereby grants to Licensee the non-exclusive, nontransferable and universal right to use the music whose titles are listed in Schedule A (individually and jointly, the “Music”) for the purposes as listed in Schedule A  (altogether, the “Permitted Uses”).

4. Editions and Alterations.

Licensee may choose to use just certain parts of the Music, and may edit, loop, enhance or modify the Music, provided that such change shall not alter the fundamental character of the portion of the Music being used and Licensee, by making such change, shall not assert any ownership rights or claims, including copyright to the Music embodied therewith. In the event that such modification or alteration constitutes a derivative work Licensee shall only use such derivative work in accordance with this 300 Monks EUML Pact. If requested b 300 Monks, Licensee agrees to execute a written assignment of any such rights, including copyrights, without payment of additional consideration by 300 Monks.

5. Ownership/Reservation of Rights.

The Music is copyrighted and protected under various laws of the United States, international treaties and other applicable laws. The Music shall remain the sole and exclusive property of 300 Monks, or its licensors. Use of the Music is licensed, not sold, pursuant to the terms of this 300 Monks EUML Pact. Use of the Music without agreeing to this 300 Monks EUML Pact, or a breach of these 300 Monks EUML Pact terms, is copyright infringement.

6. Term.

The term of this 300 Monks EUML Pact shall begin on the Effective Date and last in perpetuity.

7. Termination.

Notwithstanding anything to the contrary as contained in this 300 Monks EUML Pact, this 300 Monks EUML Pact will terminate automatically, without notice from 300 Monks, if Licensee fails to comply with any provision of this 300 Monks EUML Pact. Upon written request by 300 Monks, Licensee agrees to (i) destroy all copies and archives of the Music, (ii) cease using the Music for any purpose, and (iii) confirm to 300 Monks that Licensee has complied with the foregoing requirements. In addition, 300 Monks shall have the right to any other remedy available by law, including, but not limited to, injunctive relief and be entitled to reimbursement for all costs and expenses in connection therewith, in addition to any other legal remedies which may be available, without the necessity of posting a bond or proving the inadequacy of monetary damages. The Licensee further acknowledges and agrees that the covenants contained herein are necessary for the protection of the 300 Monks’ legitimate business interests and are reasonable in scope and content.

8. Warranty and Limitation of Liability.

a. 300 Monks represents and warrants that during the Term of this 300 Monks EUML Pact:

1. it has the right to enter into this 300 Monks EUML Pact and to grant the rights hereunder; and
2. the Music as provided hereunder, and used as permitted herein, will not infringe any intellectual property right of any third party.

b. EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE MUSIC IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. 300 MONKS MAKES NO WARRANTIES FOR ANY MUSIC THAT HAVE BEEN MODIFIED OR ALTERED BY LICENSEE AND LICENSEE SHALL BE SOLELY RESPONSIBLE FOR ANY CLAIMS RELATING TO OR ARISING OUT OF LICENSEE’S MODIFICATION AND USE OF THE MUSIC. 300 MONKS DOES NOT WARRANT THAT THE MUSIC, WEB SITES OR OTHER MATERIALS, WILL MEET LICENSEE’S REQUIREMENTS OR THAT USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE AND USE OF THE MUSIC IS SOLELY WITH LICENSEE. LICENSEE UNDERSTANDS THAT LICENSEE SHOULD SEEK COMPETENT COUNSEL BEFORE USING MUSIC ON OR IN CONNECTION WITH ANY GOODS OR SERVICES OR FOR ANY OTHER COMMERCIAL PURPOSES. 300 MONKS SHALL NOT BE LIABLE TO LICENSEE OR TO ANY OTHER ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE’S USE OF THE MUSIC, 300 MONKS’ BREACH OF THIS 300 MONKS EUML PACT OR OTHERWISE, EVEN IF 300 MONKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. IN NO EVENT, SHALL 300 MONKS’ TOTAL AGGREGATE LIABILITY TO LICENSEE, OR TO ANY THIRD PARTY CLAIMING THROUGH LICENSEE, ARISING OUT OF OR IN CONNECTION WITH LICENSEE’S USE OF OR INABILITY TO USE THE MUSIC (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE MONETARY AMOUNT ACTUALLY RECEIVED BY 300 MONKS FOR LICENSEE’S USE OF THE APPLICABLE MUSIC.

c. Licensee represents, warrants and covenants that:

1. Licensee, if any individual, is at least eighteen years of age and have the full right and authority to enter into this 300 Monks EUML Pact on behalf of Licensee and/or Licensee’s company, employer or principal;
2. Licensee will not use the Music in any way that is not a Permitted Use.
3. Licensee will not use the Music, including the title or lyrics (if any), or any other part of the Music, as part of a trademark, service mark, or logo. 300 Monks or its licensors retain the full rights to the Music and therefore Licensee cannot establish Licensee’s own rights;
4. Licensee will not use the Music to compete with 300 Monks. 300 Monks is in the business of licensing music and sounds to its customers. It is the specific intent of this provision to prohibit Licensee from using the Music to enter, either directly or indirectly, a similar or competing business.
5. Licensee’s use of the Music will not violate any applicable law or regulation of any country, state, or other governmental entity;
6. The information that Licensee provides to 300 Monks is accurate and true, including, without limitation, all credit card or other payment information and Licensee shall update such information as necessary;
7. Licensee is solely responsible for determining whether Licensee’s use of any Music requires the consent of any other party or the license of any additional rights. If Licensee is unsure whether additional rights are needed for Licensee’s use of the Music, Licensee is responsible for consulting with competent legal counsel;
8. If Licensee is acting as an agent, Licensee must obtain Licensee’s client/principal’s agreement to the terms of this 300 Monks EUML Pact;
9. If Licensee provides the Music, or any portion thereof, for broadcast on television networks or stations (including free, pay, cable, subscription) or via terrestrial, satellite and/or internet radio, in any manner whatsoever, Licensee shall send a completed cue sheet info@300Monks.com, for 300 MONKS to collect applicable fees, if any, from third party broadcasters.]

9. Indemnification.

Licensee agrees to indemnify and hold 300 MONKS, its affiliates, parents, subsidiaries, employees, directors, officers, successors, assigns, distributors and anyone else associated with 300 MONKS , harmless from, and against, any and all claims, liabilities, costs, damages, or expenses, (including attorneys’ fees) asserted against 300 MONKS arising out of Licensee’s use of the Music or in connection with any breach of any of the terms of this 300 Monks EUML Pact. Provided that the Music is used only in accordance with this 300 Monks EUML Pact and Licensee is not otherwise in breach of this Agreement, 300 MONKS shall defend, indemnify and hold Licensee harmless from all damages (excluding punitive damages), liabilities and expenses (including reasonable attorney’s fees and authorized costs), arising out of or in connection with any actual or threatened lawsuit, legal proceeding or claim alleging that 300 MONKS is in breach of its warranties set out in Paragraph 8(a) above. The foregoing states 300 MONKS ’ entire indemnification obligation under this Agreement and Licensee’s sole and exclusive remedy for any actual breach of 300 MONKS ’ representations and warranties set forth herein. 300 MONKS shall have no obligation under this Paragraph 9 unless Licensee promptly provide 300 MONKS with written notice of such claim. At the indemnifying party’s option, the indemnifying party may assume the handling, settlement or defense of any claim or litigation and the indemnified party shall reasonably cooperate in the defense thereof. The indemnified party shall have the right to participate in the litigation, at its own expense, through counsel selected by the indemnified party. The indemnifying party will not be liable for legal fees or other costs incurred prior to the indemnified party giving notice of the claim for which indemnity is sought.

10. Tax Treatment.

Licensee agrees to pay and be solely responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to Licensee, or Licensee’s use of the Music, pursuant to this 300 Monks EUML Pact.

11. No Waiver.

No action of 300 Monks, other than an express written, signed waiver may be construed as a waiver of any part of this 300 Monks EUML Pact, and no employee of 300 Monks is authorized to make an oral waiver. In the event that 300 Monks waives a specific part of the 300 Monks EUML Pact, it does not mean that 300 Monks waives any other part.

12. Withdrawal of Music.

300 Monks reserves the right at its discretion to withdraw from the license granted by this 300 Monks EUML Pact any Music as to which legal action has been instituted or a claim made that 300 Monks does not have the right to license the rights in such Music or such Music infringes another composition and/or sound recording.

13. Notices.

All notices required to be given under this 300 Monks EUML Pact must be given in writing and delivered either by hand (to an officer if the party to be served is a corporation), by facsimile transmission (receipt confirmed), by e-mail (receipt confirmed), by certified mail, return receipt requested, postage pre-paid, or by Federal Express or other recognized overnight delivery service, all delivery charges pre-paid, and addressed to the respective parties at their addresses set forth below, or at such other address or addresses as may, from time to time, be designated in writing by either party. Notices will be deemed to be received by the addressee on the earlier of the date the notice is actually delivered to the addressee and: (i) three (3) days after the notice is sent by certificated mail, postage prepaid, return receipt request; (ii) the next business day after the notice is sent by confirmed fax or e-mail transmission; or (iii) on the date of guaranteed delivery if the notice is sent by Federal Express or other recognized overnight delivery service.

14. Credits.

When any credit is to be included in any of Licensee’s presentation(s), material(s) and/or product(s) that incorporate the Music (in whole or in part), Licensee shall credit the Music in all promotion, exhibition and exploitation for the licensed use by displaying: “Title of the Music,” “Written by (name of composer),” “Performed by (name of the performer, if different from composer)” and “Licensed by 300 Monks.”

15. Governing Law; Submission to Jurisdiction.

This 300 Monks EUML Pact shall be deemed entered into in the State of New York, U.S.A. and the validity, interpretation and legal effect of this 300 Monks EUML Pact shall be governed by the federal laws of U.S.A. and the laws of the State of New York applicable to contract entered into and performed entirely within the State of New York, U.S.A. Each of the parties hereby submits to personal jurisdiction and waives of objection as to venue in the county of New York, State of New York, U.S.A., including any claim that such action, suit or proceeding has been brought in an inconvenient forum. Service of process on the parties in any action arising out of or relating to this Agreement shall be effective if mailed to the parties in accordance with Paragraph 13 hereof, and shall be deemed to have the same force and effect as personal service within the State of New York, U.S.A. or the jurisdiction in which such action or proceeding may be commenced.

16. Attorney’s Fees.

Licensee agrees to reimburse 300 Monks for its legal fees, costs and disbursements if 300 Monks is successful in enforcing any of its rights under this 300 Monks EUML Pact including, without limitation, in connection with any action to collect payment.

17. Assignability.

Licensee may not transfer, share, sublease, or assign to anyone the rights granted to Licensee under this 300 Monks EUML Pact, without 300 Monks’ prior written consent. 300 Monks may transfer, share, sublease or assign this 300 Monks EUML Pact freely.

18. Complete Pact; Supremacy.

As mentioned in Paragraph 1, this 300 Monks EUML Pact (which includes Schedule A – Licensing Options ) constitutes the entire agreement between the parties and supersedes any proposal or prior agreement, oral or written, and any other communication between Licensee and 300 Monks relating to the subject matter of this 300 Monks EUML Pact, including, without limitation, any FAQ’s, other explanations, and the text in 300 Monks’ web sites are for Licensee’s information only and are not, and shall not be construed as, part of this 300 Monks EUML Pact, unless otherwise specified in this 300 Monks EUML Pact.

19. General.

This 300 Monks EUML Pact may be modified or amended by 300 Monks with regard to the Licensee by giving Licensee thirty (30) days written notice, electronic or physical, of the revised terms and/or provisions. It may not be amended by Licensee, except in writing signed by 300 Monks and specifically referring to this 300 Monks EUML Pact, along with the designated 300 Monks EUML Pact No. 300 Monks and the Licensee are independent contractors, and nothing in this 300 Monks EUML Pact will be deemed to place the parties in the relationship of employer-employee, principal-agent, partners or joint venture participants. Should any provision of this 300 Monks EUML Pact be held to be void, invalid or inoperative, such provision will be enforced to the extent permissible and the remaining provisions of this 300 Monks EUML Pact will not be affected. The headings of the Paragraphs of this 300 Monks EUML Pact are for convenience only and will not be of any effect in construing the meanings of the Paragraphs and subparagraphs.

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SCHEDULE A

WEB-ONLY License

Our web-only license allows you to use our music in your project for as long as you like.  You may only use it in the following media:

Web & Streamed Video

• Website background music
• Online streaming video
• Online Video ads
• Social Media video ( as Facebook, Twitter, Google+)
• Instructional Tutorial Videos
• Religious
• Educational or Non-profit
• Corporate Trade Show Videos

STANDARD License

Our standard license allows you to use our music in your project for as long as you like.  Below is a listing of the media you may use our music in.

Permitted Uses:

Web & Streamed Video

• Website background music
• Online streaming video
• Online Video ads
• Social Media video ( as Facebook, Twitter, Google+)
• Instructional Tutorial Videos
• Religious
• Educational or Non-profit
• Corporate Trade Show Videos

Downloads and Physical Distribution

• DVDs (up to 1000 copies)
• Free Mobile Apps or Games such as IOS or Android (up to 1000 copies)
• CD-ROMS (up to 1000 copies)
• Downloads of film or video content (up to 1000 copies)
• Wedding Videos (up to 1000 copies)
• Training Videos or other Presentation Material (up to 1000 copies)
• Powerpoint or Keynote presentations
• Product Demos ((up to 1000 copies)
• Retail Kiosks ((up to 1000 copies)

Television and Radio Shows

• Television – The right to synchronize Music in timed relations with sequences, intermissions and visuals contained within the productions to be broadcasted over local, regional, national and international terrestrial and cable television network. Submission of cue sheet required.
• Radio – the right to synchronize Music in timed relations with other audio elements contained within the productions to be broadcasted over terrestrial and cable radio network. Submission of cue sheet required.

MASS DUPLICATION LICENSE

Our mass duplication license allows you to use our music in your project for as long as you like.  Below is a listing of the media you may use our music in.

Downloads and Physical Distribution  up to 10,000 copies.

• DVDs (up to 10,000 copies)
• Free Mobile Apps or Games such as IOS or Android (up to 10,000 copies)
• CD-ROMS (up to 10,000 copies)
• Downloads of film or video content (up to 10,000 copies)
• Wedding Videos (up to 10,000 copies)
• Training Videos or other Presentation Material (up to 10,000 copies)
• Powerpoint or Keynote presentations (up to 10,000 copies)
• Product Demos (up to 10,000 copies)
• Retail Kiosks (up to 10,000 copies)
• Audio books (unlimited copies)

For physical or downloadable copies of more than 10,000 copies, please call for a quote 1-347-788-1175.

ALL OTHER USES

Please call with specific details for a quote. 1-347-788-1175.

See more information at our Music Licensing Overview page.

If you have another use intended, please feel free to contact us for a custom license.