This music license concerns the use of music from Soothing Relaxation AS ("Licensor") in one guided meditation, purchased by the customer ("Licensee") specified in the footer of this document. This license applies only to the music track ("Licensed Material") that was purchased together with this license (shown on the order confirmation).
2. Scope of license
Licensor hereby grants Licensee a limited, non-exclusive, non-transferrable license ("License") to use the Licensed Material as described in this document. Any other use of the Licensed Material than set out in this document will be construed as breach of contract. Licensee must purchase a new license for other use of the Licensed Material than described herein.
The License is valid worldwide and has no geographical limitations.
The license period is for perpetuity.
3. Permitted Use
With this license, Licensee can use the Licensed Material as background music in one guided meditation. In this context, a guided meditation is defined to be an audio recording designed for meditation, self-help or relaxation, with an added spoken voice-over. The finished guided meditation ("Final Product") can be sold, streamed, downloaded or distributed, both online and offline, an unlimited number of times. The Final Product can also be synchronized with visual content, such as a video or photo slideshow.
The Final Product (not the Licensed Material) can be licensed to third parties. Licensee is responsible for making sure that these third parties adhere to the terms outlined in this license agreement.
The spoken voice-over in the Final Product must be easily audible for the average human ear, meaning that 'subliminal recordings' or similar are not allowed. Furthermore, the Final Product may contain parts without any voice-over, but in total there must be a voice-over speaking for at least 1/2 of the total duration. In other words, a 30 minutes long guided meditation must include a voice-over for at least 15 minutes in total.
4. Title and credits
The title of the Final Product cannot contain Licensor's name ("Soothing Relaxation"), the name of the composer ("Peder B. Helland") nor the name of the music used in the background.
Both the Licensor and the composer, Peder B. Helland, must be mentioned in the credits. The credits can for instance be written like this: "Music (“insert track”) by Peder B. Helland, licensed by Soothing Relaxation AS." A link to soothingrelaxation.com in the credits is appreciated, but not mandatory.
If the Final Product is distributed as a downloadable file (for example a MP3 file) or another format that needs metadata information, the composer (Peder B. Helland) cannot be added as the artist – he should instead be mentioned in the metadata field called Composer. The same applies if the Final Product is
submitted to music services or stores (for example Spotify) – Peder B. Helland cannot be credited as the artist.
5. Copyright Protection
In order to protect the copyright of the music above and prevent fraudulent actors from taking advantage of the musical work, Licensor undertakes measures to ensure that the music is protected. This includes, but is not limited to, having registered the music in YouTube's Content ID system.
If the Final Product is distributed as a YouTube video, Licensee understands that an automatic copyright claim might be put on the video due to the music being detected by the YouTube system. Licensee should dispute this automatic claim on YouTube and the claim will then be released as soon as possible. Note that YouTube holds the earnings from the video in escrow during this period and Licensee should not lose any earnings due to the copyright claim.
By purchasing this License, Licensee understands that the Final Product cannot under any circumstances be registered in databases meant to protect copyright holders' rights, such as YouTube's Content ID mentioned above. If Licensee is part of a YouTube network that uses Content ID to protect their channel's content, it's Licensee's responsibility to ensure that the audio from the video is not added into the Content ID system.
6. Modification of the music
Licensee is allowed to trim, loop and apply fading effects to the Licensed Material in the Final Product. Licensee is also allowed to add nature sounds to the guided meditation, in addition to binaural beats and isochronic tones. Singing or playing instruments over the music is not allowed, nor adding any kind of musical synth.
Licensor warrants that it owns and controls the copyright in and to the Licensed Material.
8. Liability and indemnification
Licensor shall have no liability for any damages sustained by Licensee arising from use or inability to use the Licensed Material, including without limitation any direct, indirect, incidental, consequential damages.
Licensor shall indemnify and hold harmless the Licensee from any and all third party claims relating to the copyright in and to the Licensed Material.
Licensee shall indemnify and hold harmless the Licensor from any and all third party claims caused by the Licensee.
9. Intellectual Property Rights
Licensor own all right, title and interest in and to the Licensed Material, including all copyright and other intellectual property rights therein. Licensor retains all copyright and title in and to the Licensed Material. Nothing in this License Agreement shall be construed as a limitation or transfer of such rights. All rights not expressly granted is reserved by Licensor.
Licensee acknowledge that Licensor's trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of Licensor.
Licensee's breach of Licensor's rights under this clause shall constitute material breach.
10. Limitation of rights
Licensee may not transfer, share or sub-lease the License to any other party; copy or duplicate the Licensed Material; give any other individual or third party the right to use the Licensed Material in place of the Licensee.
The Licensed Material may not be used in combination with material that is punishable, pornographic, graphically violent or derogatory towards any nationality, race, religion, political belief or sexual orientation.
11. Force Majeure
Neither party may be held liable for damages sustained by the other party, if directly or indirectly caused by events of force majeure; including but not limited to war, acts of nature, fire, strike, lockout or other unforeseeable events beyond a party's control.
Material breach of the License Agreement entitles Licensor to terminate Licensee's right to use the music with immediate effect.
Upon Licensor's termination of the License Agreement due to Licensee's breach of terms, license fee that is already paid will not be reimbursed and any outstanding license fee falls due to immediate payment.
13. Choice of law and jurisdiction
Any dispute arising from the License Agreement is governed by Norwegian law, and shall be settled by the City Court of Oslo.