Lifetime-Licence

1.Basic license "Lifetime-Licence""

1. 1.1The basic license for a ProTraxx is called a Lifetime-Licence and is valid for one (1) project with the corresponding project name including follow-up films (the image content is identical, but cut differently). With the purchase of the Lifetime-Licence PHONOGEN grants the right of use without any time, location, or language restrictions:

   1. a.on the use of ProTraxx for the production of a Work used for advertising, educational and entertainment purposes, on all types of distribution channels, publications or other forms of distribution as well as all corresponding forms of making available such as unlimited download or streaming, whether existing or future, unless the manner of use, distribution or application of the Work is expressly restricted in the following (GLC sec. 1.2a / 1.2b).

   2. b.to the unlimited mechanical reproduction of the ProTraxx for production purposes and whatever usage is within the scope of the licensed distribution unless restrictions are expressly stated below in the following (GLC sec. 1.2a / 1.2b).

   3. c.to the purchase of the extension options UPGRADE 1-3 at the moment of purchase of the basic license (ProTraxx) or a later date.

   4. d.to unlimited download of ProTraxx via weblink (full version without an audio watermark) for downloading as WAV file (44.100Hz, OdBFS) from the PHONOGEN user account (My Licenses).

   5. e.to shorten, cutdown, slow down, accelerate or edit the ProTraxx with speech within the scope of synchronization/production, as well as to technically adapt, convert, save and compress and/or decompress the format within the scope of synchronization - where necessary. Modifications made within the scope of the licensed synchronization may not result in any new rights of use. The license holder is liable in the case of any infringement.

   6. f.to use the ProTraxx for industry-standard reference advertising provided the work is referenced as follows Music/ProTraxx by PHONOGEN.COM

2. 1.2The Lifetime-Licence as a basic license does NOT include:

   1. a.the commercial use, publication, or other usages of the Work for advertising purposes on the distribution channels (IP)TV/movie/cinema advertising, in-flight entertainment ads, in-stream ads (pre-, mid-, post-roll), out-stream ads, ad-games, commercial advertising using download/streaming (e.g. TV/cinema advertising spot, in-flight entertainment ads, in-stream spots on YouTube/OTT/IPTV/APPs, in-feed Facebook timeline advertising, sponsor spots in games, image films on commercial USB sticks, advertising spots when downloading web content). The removal of these restrictions is subject to the UPGRADE 2 extension option. Where there is no explicit restriction, the use of the Work as in the basic license (Lifetime-Licence) is also permitted and covered for commercial advertising purposes.

   2. b.the commercial use, publication, or other use of the Work for entertainment purposes on the distribution channels (IP)TV, movie/cinema, streaming (OTT), in-flight entertainment systems, games/consoles as well as all corresponding forms of making the Work available (download, physical media, etc.) for such purposes that generate income (monetization) such as paywall / paid content / in-stream ad revenues / TV movie rights / sponsoring / product placement. The removal of these restrictions is subject to the UPGRADE 3 extension option. Where there is no explicit restriction, the use of the Work in the basic license (Lifetime-Licence) is also permitted and for commercial entertainment purposes.

   3. c.the use and distribution of an isolated ProTraxx without synchronization to a moving image or work (e.g. use as a pure audio jingle) or publication of the ProTraxx only as music composition.

   4. d.the use and distribution without naming the origin of the music as follows: Music/ProTraxx No. by PHONOGEN.COM (Example: Music/ProTraxx 100 001 by PHONOGEN.COM). The naming must be clearly legible for at least 5 seconds in one of the four corners of the picture (e.g. UPGRADE 2: TV-Spot, In/Outstream-Ad) or the opening and closing credits (e.g. UPGRADE 3: documentarie, movie). Alternatively, the legal notice can be used (e.g. UPGRADE 3: app, game). Only in this way we can guarantee our fair prices for exclusive music without a collecting society (e.g. SACEM, ASCAP, GEMA etc.).

   5. e.the use and distribution without naming a contact person and the license holder as well as failing to specify the intended purpose of the project (work) in the checkout of the online store (project description). At least the following must be given: film length, the project & customer name, distribution area (COUNTRIES), intended use, a short description of the film content including director, producer and contact details in case of agency relationships (e.g. advertising agency, production company, etc.).

   6. f.any form of sale, transfer, or the making available of the ProTraxx as an audio file to third parties (without reference to the Work in synchronization), whether in whole or in part.

   7. g.any use of ProTraxx for immoral, illegal, or violence-glorifying content, in any media form whatsoever, or for the promoting of extreme political and/or religious world views.

   8. h.changing the musical composition on which the ProTraxx is based (Work) without the intention of producing a recognizable synchronization with moving images.

   9. i.removing the watermarks or other embedded identification features within the tracks.

   10. j.to edit, filter, resynthesize parts of the composition or add a vocal part or new instrumentation.

   11. k.manufacture, apply, publish or otherwise make available a "sound-a-like" to use or to sell.

   12. l.uploading the ProTraxx or the Work (synchronization with moving images) to databases to assert legal or economic claims (e.g. Content-ID YouTube).