This is an agreement between Lúpus slf., Reykjavík, ICELAND, doing business as Múskat (“Múskat”) and you, or the employer on whose behalf you are entering this agreement (“you”). By using our website and/or purchasing a license from us, you agree to be bound by the following terms and conditions (the “Agreement”) as same pertain to the license you purchase.
Project: A media project to which Recording is synchronized.
Recording: A certain piece of recorded music available for license from Múskat (including a musical composition).
2- Múskat Non-Exclusive Licenses
By purchasing a Múskat license, Múskat 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 Múskat a certain license fee according to our website rates. Please see our License page for current pricing.
Previews of Recordings are available for download on the Múskat 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:
3- Additional Terms For All License Types
Recording licensed hereunder are for your own personal or organizational usage 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 filled with the networks, stations and appropriate PROs, and a copy must be e-mailed to firstname.lastname@example.org Múskat will provide all cue sheet information upon request.
Our STANDARD license allows you to use the Recording in an unlimited number of Projects in the following ways:
On the web, for non-commercial Projects, including but not limited to:
in free online streaming (YouTube, Vimeo)
Websites and social media
Web advertising (including as part of pre-roll advertising) and
Any Project that is not “Commercially Distributed”*, or otherwise expressly set forth as a Premium License use case, including but not limited to
Videos and Slideshows sold to third parties for non-commercial use (e.g. wedding videos)
Apps and video games
Film and theatre (student, film festival) and
TV & radio programming (pilots, public broadcasting)
*A Commercially Distributed Project shall mean the distribution via download, in physical form or streaming if such Project is intended to generate revenue to you.
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., digital billboard) or
In a film or theatre production, provided the budget for such film or theatre production does not exceed (USD) $2,000,000
In point of sale locations, provided all such locations are located within a single Territory**, including but not limited to usage in:
point of sale systems
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.
4- 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.
You hereby acknowledge that Múskat 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 Canadian and international copyright laws. This license is non-exclusive and Múskat retains the right to sell licenses of the Recording to third parties at its sole discretion.
6- Limitation of Liability
Múskat 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 Múskat 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.
Múskat makes all possible efforts to make sure that all the Recordings that comprise its online library are available at all times. However, Múskat makes no representations or warranties that all Recordings will be available at all times. Múskat may discontinue licensing certain Recordings at its sole discretion. In the event that Múskat gets a notice or otherwise concludes that any Recording may be subject to a claim of infringement of another’s right for which Múskat may be liable, Múskat 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. Múskat shall provide you with comparable content (which comparability will be determined by Múskat in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.
The license fees charged by Múskat do not include any taxes, duties or other government charges. Múskat will charge you additionally for the amounts of any such taxes, duties or other charges which Múskat 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.
9- 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. Les parties aux présentes ont expressément exigé que cette convention et tous les documents accessoires soient rédigés en langue anglaise.
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.
Last Revised: March 2019