Beatzville

THIS AGREEMENT, made and entered into on [ Order Date ] of downloading [ Sample Sound Pack ] the (“Construction Kit”) serves as a legally binding contract between DELESWA PRODUCTIONS ("Licensor") and [ Buyer name ] (“Licensee”). This agreement grants the Licensee a (Non-Exclusive) Construction Kit Royalty-Free License to use the downloaded “Construction Kit”. 

All license(s) included herein this agreement are non-transferable and non-refundable. 

Construction Kit Download: 

Entitles Licensee to the “Construction Kit” that features Drum loops and Melodic loops in WAV format. 

Master Recording | Distribution: 

Licensee is hereby granted a (Non-Exclusive) Construction Kit Royalty-Free License from the Licensor to use the "Construction Kit" for commercial recordings or broadcasts. The Licensee can distribute unlimited versions of Master Recordings for unlimited profitable or non-profitable releases and may distribute unlimited copies of the Master Recordings for unlimited sales and profit, which can be distributed on various kinds of recording media including, but not limited to compact discs, DVDs, VHS videos, digital downloads, record sales, and other forms of physical media. 

The “Construction Kit” may be reverse engineered, transformed, chopped, remixed, or heavily altered in any way from the original “Construction Kit” with or without additional drums and instrumentation (i.e. drum machine, synth, keyboard, instrument, etc.) by the Licensee to compose and record unique and original Master Recordings. It is also permissible to use “cleared” 3rd party samples (See "Clearing of Samples" section below) in conjunction with the “Construction Kit”. 

The Licensee does not exclusively own the “Construction Kit” or sounds therein, but the Licensee does own the “original” Master Recordings made using the “Construction Kit”. This is the same principle as though the Licensee used licensed plug-ins and licensed sounds from within a licensed DAW to produce an “original” Master Recording. 

Another example could be that the Licensee flipped a “cleared” sample and included it in a original composition to produce an original Master Recording. The Licensee would then own the Master Recording, but not the underlying “cleared” sample used within the original Master Recording. 

Distribution and or use of Master Recordings created using the “Construction Kit” (in conjunction with original instrumentation) is permitted by means of Television Broadcast, Video Games, On-hold & In House Background Music, or Film Soundtracks. 

Audio Streaming | Video Streaming: 

The Master Recordings may be used for unlimited non-monetized and monetized audio streams (i.e. Spotify, Rhapsody, Apple Music, Pandora). 

The Master Recordings may also be used for unlimited non-monetized and monetized video streams (i.e. YouTube Music). 

YouTube Content ID: 

The Licensee may Opt-in for monetization from the YouTube Content ID Program, but approval is subject to YouTube’s Conent ID algorithms, terms, and conditions. The same applies to other video streaming platforms (i.e. Vimeo, Facebook, Instagram, TikTok) governed by the same or similar restrictions concerning video streaming and monetization. 

Broadcast Rights: 

The Licensor grants to Licensee broadcasting rights up to unlimited Radio Stations. 

Live Performance: 

The Licensee may use Master Recordings at clubs, concerts, theaters, churches, ball games or any other public setting for unlimited free non-profit generating and unlimited paid performances. Voice-over accompaniment such as rapping, singing, spoken word and poem recital can be used for performances, but is not required. 

Term of Use: 

The term of use will begin the day the “Construction Kit” is downloaded by the Licensee and will be effective (indefinitely) from such date. 

Uses Not Permitted: 

The Licensor expressly forbids resale and distribution of the original "Construction Kit", either as it exist or any modification thereof. The Licensee can not sell, loan, rent, lease, nor assign use of any variation of the "Construction Kit". The Licensee can not remove, rearrange, dismantle, or extract any melodies, instruments, or drum programming from the "Construction Kit" to include in a sound or sample library, for distribution nor for the transfer of rights to another user (i.e. Record Label, Production Company, Producer) for use in any competitive product. 

Copyright & Ownership: 

The Licensor retains 100% full rights (copyright and ownership) of the "Construction Kit", and can continue to sell and license it to other customers. The Licensee has neither the right nor authority to sell or license the rights to the “Construction Kit” whether in whole or in part to any other party. 

Credit: 

Licensee is not required to give credit, but if Licensee chooses to do so should credit Licensor “Deleswa Productions” as the author of the “Construction Kit in any way chosen, including but not limited to LP’s, CD's, CD covers, Cassette tapes, Cards, Mix-tapes, Websites, etc. Licensee is also permitted to give credit verbally (i.e. Recorded vocals on the Master Recordings). 

Writer’s Share Split: 

The “Construction Kit” is 100% Royalty-Free, so there is no requirement concerning writer shares or splits between the Licensee and Licensor via Performing Rights Organizations (i.e. ASCAP, BMI). Therefore, the Licensee may retain all earned income generated from Master Recordings created using the “Construction Kit”. 

However, if the Licensee chooses to share any earned income, the writer’s share split that the Licensee designates for the Licensor should be registered to Darrin LeVon Swafford.

The Licensors PRO information is shown below for convenience: 

PRO: ASCAP | NAME: SWAFFORD DARRIN LEVON | IPI: 856826886  

Indemnification: 

Licensee agrees to Indemnification as explained by Deleswa Productions website terms of use at beatzville.com/terms, concerning any and all liability, damage, loss, including but not limited to any claims, expenses or fees resulting from a breach of this agreement by the Licensee. 

Clearing of Samples: 

If the "Construction Kit" includes samples, the Licensee understands that the sequences and music arrangements are considered original work. The Licensee is responsible for clearing all 3rd party samples used with the “Construction Kit” (if any), and the Licensor cannot and will not be held liable for the misuse of any sampled material that the Licensee uses in conjunction with the "Construction Kit" that is licensed in this agreement. 

Acknowledgement: 

By downloading associated audio file(s) and receiving this license agreement, the Licensee agrees to all terms stated herein and is therefore granted a (Non-Exclusive) Construction Kit Royalty-Free License to use the downloaded "Construction Kit".