MUSIC LICENSE AGREEMENT

This license agreement (hereafter referred to as the "AGREEMENT") is made between the Licensee and the copyright owner(s) Pendleton Design Company (hereafter referred to as the "LICENSOR"), in regards to the licensed musical composition from Pendleton Design Company (hereafter referred to as the "Recording") on the date of the purchase of this license.


GUARANTEE

LICENSOR guarantees that it owns and controls the rights represented herein with respect to the recordings and the musical compositions in the Recording and has and will hold throughout the TERRITORY and during the DURATION the above listed rights to exploit the Recording as contemplated herein. LICENSOR shall indemnify and hold the LICENSEE harmless from any and all claims, liabilities and costs, losses, damages or expenses (including attorney's fees) arising out of any breach, allegation, claim or failure of any covenants or warranties made by the LICENSOR herein.

GENERAL TERMS

The mechanical, synchronization, and performance rights granted to the LICENSEE within the AGREEMENT include:

(1) right to re-record, duplicate and release the Recording as part of a production in whatever medium(s) necessary (i.e. video tape, film, CD-ROM, DVD). If the music is used in software such as a video game application or other software product, the music will be "embedded" with the intention that the end user of the software or video game is unable to extract or use the music on its own;

(2) right to use the music as a soundtrack "synced" with visual images as part of a production; and

(3) right to use the music as part of the public viewing or broadcast of a production (including but not limited to TV shows, videos, DVDs, Web Sites, podcasts, multimedia presentations, and films). The LICENSOR grants LICENSEE a non-exclusive perpetual license to use the Recording herein.

RIGHTS NOT INCLUDED IN THIS AGREEMENT

The rights granted to the LICENSEE do not permit the LICENSEE to:

(1) claim authorship of the music represented under this AGREEMENT;

(2) transfer, share or sub-lease this license agreement with any other party;

(3) copy or duplicate the Recording except for use in the LICENSEE'S productions;

(4) permit any other individual or third party the right to use the Work in place of the LICENSEE;

(5) resell, trade, or exploit for profit the Recording contained herein outright or as part of other music and/or audio-related collections, in part or in whole, to any other individual or party (although the music can be sold as part of the production, which is a clear and distinct product from Recording itself.);

*This license does not include any public performance rights. Compositions used in TV & radio productions have to be reported via cue sheets (which are also included in every download). A copy of each cue sheet must be e-mailed to support@pendletondesign.com. Cue sheet information can also be provided by Pendleton Design Company.

OWNERSHIP

By purchasing this license, you agree that Pendleton Design Company 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 the United States and international copyright laws. This license is non-exclusive and Pendleton Design Company retains the right to sell licenses of the Recording to third parties at its sole discretion.

TERRITORY

The territory of this contract is the entire universe.

CREDITS

The LICENSEE is not required to credit the Recording to the composer, publisher, or LICENSOR in the LICENSEE's productions (in liner notes, rolling credits, verbal acknowledgment, etc.)