Read the full license agreement
This Non-Exclusive Professional License Agreement (the "Agreement") is made by and between Hot Tize (the "Producer" or "Licensor") and the purchasing party (the "Licensee"), and sets forth the terms of the Licensee's use of, and the rights granted in, the Producer's instrumental music file (the "Beat"), in consideration of the Licensee's payment of $99.99 (the "License Fee"), on a "Professional" basis.
LICENSE FEE
The License Fee is a one-time payment for the rights granted below. This Agreement is not valid until the License Fee has been paid. All rights granted to the Licensee are conditional on timely payment.
DELIVERY
The Beat will be delivered as a high-quality Untagged MP3/WAV/Stems. Delivery is made by email, immediately after payment, to the address provided at checkout.
TERM
This Agreement has a term of ten (10) years from the Effective Date.
USE OF THE BEAT
In consideration of the License Fee, the Producer grants the Licensee a limited, non-exclusive, non-transferable license to incorporate the Beat into one (1) new song or new piece of instrumental music (the "New Song"). The Licensee may record lyrics over the Beat and/or incorporate portions of it into pre-existing work. The Licensee may modify the arrangement, length, tempo, or pitch of the Beat in preparing the New Song for release.
This license is worldwide and non-exclusive: the Producer may continue to license the same Beat to other licensees on similar terms.
- The New Song may be used for promotional purposes, including single releases, mixtapes, compilations, and non-monetized digital streaming.
- Licensee may perform the New Song publicly for-profit, including at live performances (concerts, festivals, nightclubs, etc.), on terrestrial or satellite radio, and on third-party streaming services (Spotify, YouTube, etc.). The New Song may be played on 2 terrestrial or satellite radio station(s);
- The Licensee may synchronize the New Song with one (1) audiovisual work up to five (5) minutes long, broadcastable on TV and uploadable online (including YouTube). No other synchronization rights are granted.
- The Licensee may sell the New Song in physical and/or digital form: up to 10,000 distribution copies and up to 500,000 audio streams. The Licensee may NOT sell the Beat itself in the form it was delivered — only a New Song built from it. Selling the raw Beat is a material breach of this Agreement.
- The Licensee is not required to pay Producer any further royalties or fees on income from the New Song (mechanical royalties excepted, see below), provided the Licensee complies with this Agreement.
RESTRICTIONS
- This license is non-transferable; the Licensee may not assign it to any third party.
- The Licensee may not synchronize the Beat or New Song with any audiovisual work beyond the one (1) Video permitted above — this includes TV, commercials, film, theatrical works, and video games.
- The Licensee may not sub-license the Beat or New Song, in whole or in part, as a "sample" for others.
- The Licensee may not upload, share, or distribute the Beat file itself (as opposed to the New Song) via any file-sharing service, database, or website, except to collaborators actively working on the New Song.
- The Licensee may NOT register the Beat or New Song with any content-ID system, distributor, or aggregator (e.g. TuneCore, CD Baby). The Beat is already registered for content identification by the Producer as a protective measure. Violating this clause may result in revocation of the license without notice or compensation.
- The New Song is a derivative work under the U.S. Copyright Act. No joint work is created, and no rights are granted in any other licensee's derivative works of the same Beat.
OWNERSHIP
The Producer remains the sole owner of all rights, including copyright, in the Beat's sound recording and underlying composition. The Licensee may not register the Beat or New Song with the U.S. Copyright Office — that right belongs solely to the Producer. The Licensee does not own the master or sound-recording rights in the New Song, only the license to use and commercially exploit it as described above. The Licensee does own any lyrics or original musical elements they personally wrote or composed.
Ownership of the underlying composition is split:
- Writer's share: 50% Licensee / 50% Producer
- Publisher's share: 100% Producer
If the Licensee registers the New Song with a Performing Rights Organization, they must simultaneously register the Producer's 50% writer's share and 100% publisher's share.
Payment of the License Fee, together with electronic acceptance of these terms at checkout, is deemed the Licensee's signature and acceptance of this Agreement.
MECHANICAL LICENSE
For US/Canada sales, the Licensee will pay mechanical royalties at 100% of the minimum statutory rate, uncapped for albums/EPs. Outside the US/Canada, the prevailing industry rate in the relevant country applies.
CREDIT
The Licensee shall make reasonable efforts to credit the Producer as producer and songwriter on all releases and packaging containing the New Song, in substantially the form: "Produced by Hot Tize."
PRODUCER'S OPTION
Within three (3) years of the Effective Date, the Producer may terminate this license at their sole discretion upon written notice, in exchange for a refund to the Licensee equal to 200% of the License Fee. If exercised, the Licensee must immediately remove the New Song from all distribution and streaming channels.
BREACH
The Licensee has five (5) business days from written notice to cure any breach. Unauthorized commercial exploitation of the Beat or New Song beyond what's licensed here makes the Licensee liable to the Producer for all monies received from that exploitation, plus the Producer's costs, expenses, and reasonable attorneys' fees in enforcing this Agreement. The Producer may also seek injunctive relief for breach or threatened breach.
WARRANTIES
The Beat is licensed "as is," with no guarantee of fitness for any particular creative purpose. The Producer warrants they have full right to enter into this Agreement and that the Beat does not knowingly infringe any third party's rights; the Producer will disclose any uncleared samples used in the Beat before the Licensee is bound to approve them, at the Licensee's cost if approved. The Licensee likewise warrants that their exploitation of the New Song will not infringe any third party's rights, and is solely responsible for elements they personally add to the New Song. Each party indemnifies the other against claims arising from a breach of these warranties.
GOVERNING LAW
This Agreement is governed by the laws of Dolnośląskie, Poland, without regard to conflict-of-law principles. Exclusive jurisdiction and venue for any dispute lie in the state or federal courts located in Dolnośląskie, Poland.
MISCELLANEOUS
This Agreement is the entire understanding between the parties and supersedes any prior agreements on the same subject. It may only be amended in writing (email is sufficient) signed by both parties. If any provision is held invalid, the remainder of the Agreement stays in effect. This Agreement, or notice of its breach, must be delivered in writing; email is an accepted method of delivery. You acknowledge that you have had the opportunity to have this Agreement reviewed by independent counsel of your choosing before accepting it.
