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License terms

This is a license agreement between you ("user", "you", "Licensee") and Apollo Music Store Inc., operating as Bopper, ("we", "us", "AMS") curator, owner and operator of freeadmusic.com. This license sets forth the legally binding terms for your use of the Music made available to you on this platform (the "Music"). By accessing and using this website, you agree to comply with and be bound by these Terms of Service.

Freeadmusic.com is a music platform, which offers music free of charge for use in any advertising, promotional and brand related works such as television advertisements, radio spots, institutional and corporate advertisements, jingles, websites, flashes, banners (the "Authorized Production"), of a total length of less than 6 minutes.

AMS owns and/or control the composition and master recording as well as Performances reproduced and embodied herein (together the Composition, Recording and Performance shall be described as the "Music" for the purpose of this end user license agreement (the "License")

BY DOWNLOADING THE MUSIC YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE FOLLOWING TERMS.

1. LICENCE

We grant to you a one year, non-exclusive, gratuitous license for the World, for your Authorized Production only.

You may synchronize, reproduce and perform the Music or portions thereof in timed relation, in your Authorized Production. You may excerpt, edit or loop portions of the Music for editing, creative, technical, or timing purposes. The Music must be used in a supporting or secondary role and not as the main content of the Authorized Production. The Music is licensed, not sold, and the rights granted here are validated upon downloading.

2. LIMITATION OF RIGHTS

We reserve all rights and uses in and to the Music except the limited use expressly licensed hereunder. Therefore, you may not resell or redistribute the Music directly or indirectly. The Music may not be used together with other musical elements to create a derivative musical composition on which you claim a copyright or as part of a musical production. The Music may not be used in televisions series or feature film and/or video games. The music may not be resold or redistributed. The Music may not be exploited on a separate CD or a so-called music compilation or in a standalone manner that is not time-synchronized with a moving visual image for advertisement purposes. You may not sell the Music to any third party, although the Music may be incorporated as part of your Approved Production.

We shall remain entitled to receive all worldwide public performance moneys which may be payable to music publishers, composers and songwriters in relation with the use of the Music. We shall receive these moneys directly from rights collection agencies.

3. LIMITATIONS OF USE

You agree that you will not use the Music in any Prohibited Content. "Prohibited Content" includes, without limitation, Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of "junk mail," "chain letters," unsolicited mass mailing or "spamming"; (iv) is false, misleading, libelous, defamatory or promotes, endorses or furthers illegal activities; (v) infringes the Intellectual Property Rights of another person; (vi) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under thirteen (13); (vii) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, spyware, malware or other harmful content or code; or

4. REPRESENTATIONS

We warrant and represent that the Music is clear of any third party rights, as such the Composition is an original musical composition, that the Recording is owned by us and/or clear of any third party rights or claim, that embodied Performances have been cleared for use, that we’ve obtained all necessary moral rights waivers and that we have the full right and capacity to enter into this Agreement and to grant the rights granted herein free from any third party claims.

5. LIABILITY

We are not liable for any failure to perform any of our obligations under this License caused by matters beyond our reasonable control including acts of God, strikes and power failures. The rights granted herein are unlimited and non-exclusive. The same Music may be used in several different adverts, we make no representation as to the exclusive use of the Music.

Except as provided herein and to the fullest extent permitted by law, neither us nor namely suppliers, assigns, director, or employees, are liable for any damages whatsoever and have any liability to you for any direct, indirect or consequential loss or damage incurred by you in connection with the use of the site or the Music including loss of income; loss of profits or contracts; loss of business; loss of anticipated savings; loss of business opportunity, goodwill or reputation; whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Consequently, our maximum aggregate liability to you under or in connection with this License, whether in contract, tort (including negligence) or otherwise, shall in no circumstances exceed twenty-five Canadian dollars;

6. TRANSFERABILITY

The rights granted herein are non-transferable. Except to the extent necessary to exercise the specific rights herein granted, you shall not assign, rent, lease, sell, sublicense, or otherwise transfer the Music to another party without our prior written consent

7.TERMINATION

This License is effective until terminated by either party. You may terminate this License at any time by destroying all copies of the Music. We may terminate this License immediately without notice if you breach its terms and conditions and fail to comply with any of its provisions. Upon termination, you must destroy all copies of the Music.

8. GENERAL PROVISIONS

This agreement is subject to the laws of the province of Quebec, Canada, and the parties hereby attorn to the courts of the judicial district of Montreal.

Nothing in the present agreement shall be interpreted to demonstrate the intention to create a joint venture or a partnership.

This is the entire Agreement between the Parties. Amendments to this Agreement shall be in writing and executed.

If for any reason a court of competent jurisdiction finds any provision or portion of this License to be unenforceable, the remainder of the terms included herein will continue in full force and effect.

The Parties hereto have required that this Agreement be drafted in English. Les parties ont exigé que ce contrat soit rédigé en anglais.Print