Scott Holmes Music License Agreement

Last updated: March 2023

This licensing agreement between the “LICENSOR” Scott Holmes Music (hereafter “Scott Holmes Music”, owner and operator of www.scottholmesmusic.com) and You (whether an individual or entity – hereafter “LICENSEE” or “You”). By obtaining a license from Scott Holmes Music, You hereby agree to be bound by the following terms and conditions (the “License Agreement”): 

1. LICENSE TYPES

Scott Holmes Music offers 4 license types;

A. CC BY-NC 4.0
B. Standard License
C. Broadcast License
D. Full Scale License

You may use Audio File ONLY In the following types or Projects in accordance with the license You download or purchase:

A. CC BY-NC 4.0 License

ALLOWED USES 

Online Only (unlimited) 
❌ Commercial Use

This license covers distribution and publication of projects including the Work and/or Derivative Work including – 

  • Online video (uploads of holidays, graduations, birthdays, etc).
  • Youtube (no promoting of brands, products, services, no sponsors, donations or
    monetization).
  • Website (background music where no promoting of brands, products, services,
    donations or any kind of monetary compensation is present).
  • Internal presentations and training (for internal use only).
  • Slideshow (uploads of holidays, graduations, birthdays, etc).
  • School projects (class presentation, internal use only).
  • Non-commercial podcast (no promoting of brands, products, services, no sponsors,
    donations, ad rev or monetization).
  • Non-Commercial Radio (no promoting of brands, products, services, no sponsors,
    donations, ad rev or monetization).

A.1 The LICENSEE may not use the Work for commercial purposes (a commercial use is primarily intended for commercial advantage or monetary compensation).

A.2 The LICENSEE can remix, tweak and build upon the Works (“Derivative Work”) non- commercially.

A.3 The LICENSEE must credit the LICENSOR (“Scott Holmes Music”) within the project or project description, for example; “track name” by scottholmesmusic.com OR music by scottholmesmusic.com

A.4 This license does not allow for commercial broadcasting distribution or publication. Failure to comply may result in legal action taken against you.

B. Standard License

ALLOWED USES 

✓ Online Only (unlimited) 
✓ Commercial Use

This license covers distribution and publication of projects including the Work and/or Derivative Work including – 

  • Online video for YouTube, Vimeo, Facebook, Instagram, etc.
  • Monetization: monetary compensation from platforms such as YouTube.
  • Web advertise; online advertising, product presentation, brand marketing,
    promotional events and/or services, calls to actions, etc.
  • Website and/or web page background Audio.
  • Crowdfunding/fundraising campaigns via online platforms such as Kick Starter,
    Indie GoGo, GoFundMe, Just Giving, Patreon, etc.
  • Animation distribution and publication.
  • Any other commercial or non-commercial use, the purpose of which is to synchronize 
    Audio File to visual image, or to use Audio File to multimedia content.

B.1 The LICENSEE can remix, tweak and build upon the Works (“Derivative Work”).
The LICENSEE can use the licensed Work and/or Derivative Work to promote any product, event, service or means where promoting from monetary compensation commercially benefit or for social benefit. 

B.2 The LICENSEE has permission not to provide attribution (artist credit). It’s not necessary, although optional if the LICENSEE may wish to do so. 

B.3 The LICENSOR (“Scott Holmes Music”) will receive no royalties or future added fees from the LICENSEE for use of the Work. 

B.4 This license does not support commercial broadcasting publication and/or distribution. 

C. Broadcast License

ALLOWED USES 

✓ Online (unlimited) & Broadcast Use (10 million only)
✓ Commercial Use

This license covers distribution and publication of projects including the Work and/or Derivative Work including – 

  • TV/Radio advertisements.
  • Video/Film production (physical copies for distribution).
  • Applications and video games (computer & console).
  • Podcasts (promoting brands, products, services and/or receiving monetary compensation
    through sponsors, donations, monetization, ad rev, etc).
  • Music on hold services.
  • Educational material and audio books (physical publication and distribution of CDs,
    DVDs, USB or electronic file).
  • Satellite broadcast television or radio shows (programs, news, documentaries, TV series,
    talk shows, etc.
  • Cable or satellite services.
  • Satellite broadcast, radio commercials & advertising.
  • Commercial theatrical releases.
  • Twitch/Streaming Ad revenue.
  • Film and theatrical festivals (student & professional).
  • Any other commercial or non-commercial use, the purpose of which is to
    synchronize Audio File to a visual image, or to use Audio File to multimedia content.

C.1 The LICENSOR (“Scott Holmes Music”), grants the LICENSEE the non-exclusive, non-transferable right to use the licensed Work and/or Derivative Work perpetually on any present or future projects without further permission from the LICENSOR (“Scott Holmes Music”). 

C.2 The LICENSEE can remix, tweak and build upon the Works (“Derivative Work”). The LICENSEE can use the licensed Work and/or Derivative Work to promote any product, event, service or means where promoting from monetary compensation commercially benefit or for social benefit. 

C.3 The LICENSEE has permission not to provide attribution (artist credit). It’s not necessary, although optional if the LICENSEE may wish to do so. 

C.4 The LICENSOR (“Scott Holmes Music”) will receive no royalties or future added fees from the LICENSEE for use of the Work. 

D. Full-Scale License

ALLOWED USES 

✓ Online (unlimited) & Broadcast Use (unlimited)
✓ Commercial Use

This license covers distribution and publication of projects including the Work and/or Derivative Work including – 

  • TV/Radio advertisements.
  • Video/Film production (physical copies for distribution).
  • Applications and video games (computer & console).
  • Podcasts (promoting brands, products, services and/or receiving monetary compensation
    through sponsors, donations, monetization, ad rev, etc).
  • Music on hold services.
  • Educational material and audio books (physical publication and distribution of CDs,
    DVDs, USB or electronic file).
  • Satellite broadcast television or radio shows (programs, news, documentaries, TV series,
    talk shows, etc.
  • Cable or satellite services.
  • Satellite broadcast, radio commercials & advertising.
  • Commercial theatrical releases.
  • Twitch/Streaming Ad revenue.
  • Film and theatrical festivals (student & professional).
  • Any other commercial or non-commercial use, the purpose of which is to
    synchronize Audio File to a visual image, or to use Audio File to multimedia content.

D.1 The LICENSOR (“Scott Holmes Music”), grants the LICENSEE the non-exclusive, non-transferable right to use the licensed Work and/or Derivative Work perpetually on any present or future projects without further permission from the LICENSOR (“Scott Holmes Music”). 

D.2 The LICENSEE can remix, tweak and build upon the Works (“Derivative Work”). The LICENSEE can use the licensed Work and/or Derivative Work to promote any product, event, service or means where promoting from monetary compensation commercially benefit or for social benefit. 

D.3 The LICENSEE has permission not to provide attribution (artist credit). It’s not necessary, although optional if the LICENSEE may wish to do so. 

D.4 The LICENSOR (“Scott Holmes Music”) will receive no royalties or future added fees from the LICENSEE for use of the Work. 

2. RESTRICTIONS

2.1 The LICENSEE may not otherwise, sell, rent, lease, make available for download or transfer the music or any written materials in any form to another party without prior written consent of Scott Holmes Music.
Music used on its own without synchronization in any form is not permitted under this License Agreement. Unauthorized use or duplication is a violation of the agreement and of applicable laws. The LICENSEE may be held liable for all damages to the LICENSOR in the context of the applicable legal regulations. 

2.2 The LICENSEE may not: 

  • Create/produce new musical worked based on the Audio File
    (musical compositions, songs)
    or release and distribute them on platforms such as iTunes, Deezer, RouteNote,
    Spotify, YouTube, etc.
  • Use/include Audio File in different types of musical compilations, such as music
    compilation CDs/DVDs.
    music albums, where Audio Files are stand-alone elements/tracks.
  • Use or redistribute Audio File as part of telephone or mobile ringtones.

3. TERMINATION & CANCELATION

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 License Agreement will immediately terminate. LICENSEE must stop their use of the Audio File and destroy all copies of the Audio Files. 

4. REPRESENTATION & WARRANTIES

Scott Holmes Music represents and warrants that it has full authority to grant all the rights contemplated by the terms set in this License Agreement and that it has obtained all necessary permissions from copyright owners or their legal representatives to grant such right to the LICENSEE. 

5. LIMITATION OF LIABILITY

In no event shall The LICENSOR’S (“Scott Holmes Music’s”) 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 File (Whether in contract, tort, or otherwise) exceed the monetary amount actually paid by the LICENSEE to LICENSOR (“Scott Holmes Music”) for use of Audio File. LICENSEE’S sole remedy shall be a refund and LICENSEE agrees that this license is granted to them without any further warranty or recourse. 

6. REGULATIONS

6.1 The LICENSOR shall have the right to immediately terminate the License Agreement by giving written notice to LICENSEE in case the LICENSEE fails to comply with its terms and conditions. 

6.2 This License Agreement contains the entire understanding of the parties with regard to the subject hereof, and revokes and supersedes all prior agreements between parties, including any option agreements, oral agreements, and written agreements, and is intended as a final expression of their agreement.