Depression (Standard License)
By purchasing this lease, you automatically agree to the terms and conditions:
NON-EXCLUSIVE LICENSE AGREEMENT Permitted Uses:
- YouTube/Facebook/Instagram/TikTok/Snapchat/Online Video
- Live Performance (non-profit)
- Film/Documentary/TV & Radio (non-profit)
- Video Game & Animation (Monetizable for profit)
This agreement is effective as of the purchase date shown on your download invoice from www.samuelbackof.com/licensing by and between you (“Licensee”) and Samuel Backof (“Licensor”). The Licensor warrants that it controls the rights to the musical work titled "Depression” (“Composition”).
Definitions:
Composition(s): Works owned, controlled, or managed by Samuel Backof and available via the Website, including their derivatives. - Work(s): Compositions. - Production(s): Audio-visual or audio-only works created and owned by the Licensee. - Term: The period during which the Licensee is allowed to use the licensed Work as per this agreement. - Websites: All online use accessed via a web browser, excluding Social Media Platforms and Video Sharing Platforms. - Social Media Platforms: Instagram, TikTok, Snapchat, Facebook, X, and other platforms determined by the Licensor. - Video Sharing Platforms: YouTube, Vimeo, Twitch, and other platforms determined by the Licensor. - Music Platforms: Streaming sites such as Spotify, Apple Music, Deezer, etc.
Ownership:
The Licensor retains 100% rights (copyright, publishing, and ownership) of the Composition. The Licensee cannot sell or license the Composition to any other party. If another party purchases exclusive rights, the Licensee retains non-exclusive rights under this agreement until the terms are fulfilled.
Licensing Rights:
The Licensor grants the Licensee a non-exclusive License to use the Composition in one (1) online Video on video sharing platforms (e.g., YouTube, Facebook, Instagram, X, TikTok). This includes rights for live performances and the use of the composer’s name (Samuel Backof) in related advertising or publicizing. The Licensee is permitted to create lifts and versions of the Composition. - Term: 10 Years - Territory: Worldwide - Usage: Full duration use in one (1) Production.
Permitted Productions:
- Online Video (monetizable without content ID)
- Film (non-profit)
- Documentary (non-profit)
- Radio (non-profit)
- School Projects
- Video Games (both for profit and non-profit)
- Animation (both for profit and non-profit)
Additional Uses:
Non-Profit live performances and covers without alterations to the original work.
Exceptions:
If a Film, Documentary, or Radio broadcast is shared on a video sharing platform, it can be monetized like any online video (without Content ID). Traditional media platforms (TV, Radio) must comply with non-profit rules.
Synchronization Rights:
The Licensor grants the Licensee a non-exclusive License to copy, edit, loop, and use the Composition in synchronization with one (1) Project, distributed via:
- Websites
- Social Media Platforms
- Video Sharing Platforms (monetizable without Content ID)
- Television and radio broadcasts, and their online equivalents
- Mobile or online substitutes for traditional TV or radio broadcasts
- Permitted Copies: 10,000 copies
Compensation:
The Licensee shall pay $19.99 USD for the rights granted in this agreement. Payment is non-refundable. Failure to make timely and complete payments allows the Licensor to terminate the license with written notice. The Licensee must provide a digital copy of the visual medium containing the Composition via email to info@samuelbackof.com.
Indemnification:
The Licensee agrees to indemnify and hold the Licensor harmless from all claims, losses, damages, costs, and expenses arising from a breach of the Licensee’s representations, warranties, or agreements.
Restrictions:
- The Composition cannot be used to create instrumentals for sale or any competitive product.
- The Composition cannot be shared except with those directly involved in production.
- Violation of these restrictions may result in termination of commercial rights and removal of the Composition.
- The Licensee cannot alter, adapt, change, or remix the Composition without written approval from the Licensor, except for length changes.
The Licensee may not:
- Use the Work in defamatory, obscene, or demeaning contexts, or in violation of any rights.
- Use the Work in violation of export regulations.
- Use the Work to promote illegal or inappropriate activity.
- Download or make available the Composition for purposes not specified in this agreement.
- Register the Production with collection societies or use content-ID on social media platforms.
- Use the Work for unlawful activities or in a manner detrimental to the Licensor.
- Make foreign adaptations of the Composition.
- Use the title of the Work or the composer’s name except for required credit.
Governing Law:
This License is governed by and construed under the laws of Germany, without regard to conflict of law principles.
Dispute Resolution:
Disputes will first be attempted to be resolved informally. If unsuccessful, disputes will be resolved by arbitration in Germany with two arbitrators. The arbitration language will be English, and the governing law will be the substantive law of Germany.
Miscellaneous:
This contract is non-transferable, limited to the specified Composition, and constitutes the entire agreement between the Licensor and Licensee. It is binding on both parties and their successors, assigns, and legal representatives.
By purchasing this License and clicking the "PAY VIA PAYPAL OR CREDIT CARD" button, you acknowledge that you have read, understood, and agree to the terms above, which have the same legal force as your signature. The effective date is the date shown on your purchase invoice from www.samuelbackof.com/licensing.
