Enterprise Subscription Music License

Intro

This License. The terms set forth in this Personal Subscription Music License Agreement (this “License”) apply between you and LesFM LLC, tax id 61-2110926, 651 North Broad Street, suite 201, Middletown, DE 19709 United States of America (“LesFM”, “we”, “our”, “us”) and regulate your use of the License and the Sound Recordings contained in the LesFM music catalog available through the Site from time to time (collectively the “Licensed Works”). Please note that, except as may be explicitly provided herein, the Terms of Use are an integral part of this License and the terms found therein apply in full to your use of the License. Capitalized terms used but not defined herein shall have the meanings set forth in the Terms of Use. We ask you to read this License and the Terms of Use carefully since they affect your legal rights and govern your use of LesFM’s online music catalog service.

Acceptance. By clicking "subscribe", signing up for the “Personal Subscription”, or otherwise signifying your acceptance of this License you are agreeing to be legally bound by this License and the Terms of Use, available on the Site and incorporated herein by reference. You further acknowledge that you have read our Privacy Notice and Cookie Policy, also available on the Site.

Who is this for?

This license is for big publishers, broadcasters, and production companies.

You can use the Enterprise Plan subscription :

• if you are a company that has, or that forms part of a group of companies that collectively has, an annual turnover of more than USD ten (10) million, or, if you are a publisher, agency or production company, USD five (5) million, or;
• if you are a governmental or intergovernmental organization or public institution.

Publishers include, without limitation, digital publishers, podcast publishers, broadcasters, and similar media companies.

One single user. This License only covers use by one individual. If you need to add users, you can sign up for additional Licenses or add additional users under this License for additional fees (if such feature is made available to you). If we have reasons to believe that more than one person is using the same account, we reserve the right to either (i) immediately terminate the account, without refunding any prepaid Fees, or (ii) with retroactive effect assess additional Fees on you, calculated in each instance on the then-current per-user pricing for each additional user.

Your License

Synchronization license. Subject to the terms and conditions of this License, LesFM hereby grants to you during the Subscription Period (as defined below), the right to access the Site and to make copies of the Licensed Works in order to synchronize them, in whole or in part, in video and podcast productions produced by or on behalf of yourself (your “Productions”). You may sub-license this right to independent production companies for the purpose of making Productions on your behalf. For the avoidance of doubt, any such sub-licenses may only be granted during, and be valid for, the term of this License. You remain solely responsible for any such sub-licensees’ use of the Licensed Works.

No standalone use: The purpose of this License is to make available for you the use of our music and sound effects in the background of your Productions in order to boost your own content. You may not make available, use or in any other way exploit the Licensed Works for the purpose of making the Licensed Works (in whole or in part) available on a standalone basis, hence without being synchronized with a Production in accordance with the purposes of this License, including where a Production is essentially tantamount to use of the Licensed Works on a standalone basis or where the Licensed Works constitute a primary value of the content that you create. By way of example, you may not use or in other way exploit the Licensed Works:

• for the purpose of creating a music listening experience, including, but not limited to, uses where complete or almost complete Licensed Works, on its own or as part of a compilation, are combined with accompanying visual/narrative elements that are of subordinate importance (such as, but not limited to, still image(s), panning motions, loops or other limited animation/video/audio);
• in any way to repackage the Licensed Works or upload or use them, in whole or in part, in any third party AI tool, as audio samples, music or sound libraries, sound effects, music beds or to upload them in any music recognition systems for any purpose, and/or in any way use, distribute or otherwise exploit the Licensed Works as your property; or
• in any way that is intended to allow third parties to download, reproduce, stream, and/or otherwise access or use the Licensed Works, in whole or in part, on a standalone basis, including without limitation in any digital templates or other applications enabling end users to synchronize or otherwise combine the Licensed Works with other content, or in any manner enabling users to create or order on-demand products (such as electronic greeting cards or ringtones) or make the Licensed Works available in any physical products (e.g. in speakers).

Paid media ads or third party exploitation. You can use the Licensed Works in advertisements or other commercial production (meaning productions published within paid media space, such as, but not limited to, online pre/mid/post-rolls). You further have right to use the Licensed Works in any production that is produced for the purpose of being used, licensed, sold or in any other way exploited by any third party, including that you may not synchronize the Licensed Works with any production that promotes and/or integrates products and/or services of a corporate brand/entity, when such productions are intended to be uploaded or embedded on third party channels or websites.

Broadcast and TV type content. You are allowed to use the Licensed Works in any broadcast type of content such as feature films and TV shows, including documentaries, news, sports broadcasts or cartoons or other children shows, irrespective of whether such broadcast type of content is

Where you can't use music

No illegal, immoral or political content. You may not use any Licensed Works in connection with any material or otherwise in a manner or context that is defamatory, illegal or inciteful of an illegal act; immoral; racist; hateful or discriminating against any person based on for example race, nationality, religion, ethnic identity, gender, gender identity or sexual orientation; constitutes encouragement of violence or use of weapons; pornographic; or in a manner or context that otherwise violates any rights of anyone associated with the Licensed Works. You shall comply with any applicable laws and regulations. Moreover, you may not use the Licensed Works in connection with sensitive subjects without the prior written consent of LesFM. Sensitive subjects include, but are not limited to, political content, such as the promotion, advertisement or endorsement of any party, candidate or elected official; and “adult videos” and promotion of adult entertainment venues, escort services, or the like.

No edits. You may cut, loop and fade in/out the Licensed Works, and you may use individual stems if and as made available to you, but you may not otherwise edit, alter, or change the Licensed Works, including but not limited to altering the fundamental character of the Licensed Works and creating any derivative works thereof (meaning that you may not create new music based on any Licensed Works).

No theme songs or trade marks. You may not use the Licensed Works as part of a theme song, logo, trademark or service mark.

No NFTs. You may not use the Licensed Works in non-fungible tokens (“NFTs”), blockchain or substantially equivalent technologies.

Distributing your Productions

Distribution license. Subject to the terms and conditions of this License, LesFM hereby grants to you the right to make available any Productions containing any Licensed Works that you have completed during the Subscription Period (as defined below) worldwide on any and all online channels and platforms and in perpetuity. You may sub-license or transfer the rights to make available such Productions to any third party.

Where can I upload my Productions? This License grants you the right to publish your Productions anywhere online, meaning on websites, on social media platforms and video sharing platforms, in apps, and anywhere else online. Conversely, you can make available your Productions “offline”, e.g. on linear television, including but not limited to broadcast, IPTV, cablecast, or satellite television, as theatrical releases, or (with the exceptions below relating to Student Work and Independent Films) make it available in a live setting (e.g. during a trade fair or event).

For how long is the license valid? You can use the Licensed Works to create new Productions during the Subscription Period (as defined below), and whatever Production you have completed, uploaded, and published on your Online Personal Channels during the Subscription Period (as defined below) will remain licensed for you to use forever.

Student Work. If you are a student creating a non-commercial Production for an educational grade, or otherwise part of a course, with an accredited educational institution (“Student Work”), you may make available such Production in classrooms and during non-commercial film festivals.

Independent Films. If you are an independent filmmaker creating a non-commercial film Production (an “Independent Film”), you may make available such Independent Film during non-commercial film festivals.

Monetization

Monetization. Subject to your compliance with this License, and proper clearing in accordance with the terms herein, you may allow, and receive remuneration from, the display of third-party ads in connection with making available your Productions on social media or other platforms such as YouTube offering such monetization opportunities (you may clear your Productions for monetization).

Clearing. You are responsible for clearing the Productions and/or relevant Personal Online Channels with LesFM, in accordance with the instructions that LesFM provides from time to time. You may clear one channel/page/profile/feed/etc. per platform. Without correct Clearing, LesFM is unable to tell a licensed Production from unlicensed use.

Unlicensed and non-cleared use. LesFM reserves the right to fully monetize unlicensed use of the Licensed Works on YouTube and/or other platforms. LesFM reserves the right to demonetize any Productions containing Licensed Works that are not correctly cleared. Should a Production licensed under this License be demonetized by LesFM, you may notify LesFM through this webform and LesFM will discontinue such demonetization without undue delay. LesFM will have no responsibility, and will not reimburse you, for any demonetization of Productions by LesFM for any period prior to such Productions having been correctly cleared for monetization. Please note that in relation to certain platforms, LesFM may use systems to correctly identify use of, or claim ownership of, the Licensed Works in content, including your Productions, uploaded to such platforms, e.g. to ensure correct attribution, but such identification does not affect your right to monetize your Productions on such platforms.

What happens if the License expires or is terminated?

As mentioned above, you do not need to take down or otherwise withdraw any Productions published in accordance with this License, even after expiration or termination of the Subscription Period. For clarity, however, after expiration or termination of the Subscription Period you may not use the Licensed Work(s) to create any new Productions, including without limitation that you may not use the Licensed Work(s) to create any new versions of Productions, even if you have downloaded such Licensed Work(s) during the Subscription Period.