General Terms of Service and License Agreements for Musicproductions (Version December 2011)

Usage Rights

§1
The customer is granted the non-exclusive usage right for the music production. The right covers the private and the commercial use of the music.

The music is licensed, not sold to you by Hartwigmedia. Ownership remains with Hartwigmedia. Copying, duplication, lending or re-selling of this product in whole or part are strictly prohibited. This non-exclusive license is granted for a single-user only on a global basis for the full copyright protection period. The license is non-transferable.

§1.a
The exclusive usage right only takes place for contract works as well as for the shop section "Themes".
After a customer has purchased a Theme under the exclusive license option, Hartwigmedia will take the music product offline immediately to assure that the product is not available anymore. Non-exclusive sales before that date are not touched of this.

Royalty Free Music and License Free Music

§2
All music productions from Hartwigmedia are royalty free and free from rights of third parties. This also includes performing rights societies like GEMA, ASCAP, AKM, Suisa.

§2.a
The composer assures that he is not a member of a performing rights society such as GEMA, ASCAP, AKM, Suisa, BMI, PRS, SOCAN etc. All music composed and offered by Hartwigmedia is royalty free and free of rights or claims from third parties.

An approval document that assures that all music is royalty free and serves as proof for performing rights societies like GEMA, ASCAP, SUISA can be enquired costfree via email at Hartwigmedia.

Limitations and Restrictions

§3a
It is prohibited to sell, resell or made available any music production as standalone audio file. Also it is prohibited to made the standalone audio file and music available under another name, company, artist or brand.

It is prohibited to sell or trade a remix as single audiofile without the permission of Hartwigmedia. A Remix need the affirmation of Hartwigmedia.

It is prohibited to sell or trade the given usageright/license to a third person. So called Voiceover-Productions are allowed without additional permission of Hartwigmedia.

§3b External Musicproducers, Musicstudios and Composers

It is strictly forbidden for external music producers to use the music from Hartwigmedia in any kind of own productions no matter if commercial or non-commercial. External music producers are not allowed to use the music in combination with their real name, artist name or studioname. For a possible license option for external music producers it is required to contact Hartwigmedia before usage of any music.

License Options

§4 License Conditions
Hartwigmedia offer two license forms for the music productions:

§4 a. Non-Commercial Usage:
Hartwigmedia offers a free MP3 version of the music. The customer is allowed to use the free version in non-commercial productions. No additional costs from side of Hartwigmedia will arise for the customer. It is prohibited to use the free music in commercial projects.

§4.b Commercial Usage:
All music productions that have been legally purchased over the Hartwigmedia Onlineshop can be used commercially. It is explicit allowed to use the purchased music in commercial projects. There are no limitations for crossmedia publishing. There are no territorial restrictions (worldwide usage right is given). There are no time restrictions (a lifetime usage right is given).

Medias can be but are not limited to:

- Internet Publishing
- On and Offline Commercial Campaigns
- Radio Publishing
- TV (shows, series and advertising)
- Cinema (advertising and films)
- Computergames (platform independent)
- Videoportals (like Youtube, Vimeo, MyVideo)
- Podcasts (private and commercial)
- Open Square (public events, Hotels, Restaurants)
- Commercial Banners
- Commercials of any kind and media
- mechanical reproductions up to 1000 units.

§4.c Music Credits
The customer has to credit the producer as follows when using the free music in non-commercial projects. Credits in visual productions have to be placed either during the end titles or during the opening credits.

Credits by using the free music have to look like:
Music by Hartwigmedia / www.hartwigmedia.com

In case the production is released on a Video Platform like Youtube, Vimeo, Myvideo the credits has to been placed also in the description text ("Tags").

Purchased music used in commercial projects do not need to be credited.

§4.d
The concession of rights of usage also comprises the right to convert the music technically into the required format. Also it is allowed to cut the music. This is valid for both license forms.

Additional Agreements

§5
Hartwigmedia cannot been held responsible for any losses arising from the usage of the product. It is forbidden to use the music in connection with immoral and/or unlawful content. Also in this case the producer cannot be made responsible. All additional costs for national and international banking transactions have to been paid by the customer.

§6
The customer accepts the stated license agreements and the general terms of service.

§7
All prices are exclusive of VAT due to the german law "Kleinunternehmerregelung" (§19 UStG)

§8
All music productions will be provided as digital downloads. The customer has to take care that the email address he provides during the purchase process is valid, as the download data will be submitted to this email address.

§9
In the case the customer is not satisfied with the provided music product he has the right for a supplementary performance. If the customer is not willing to accept a supplementary performance he has the right to withdraw from the contract/order.

§10
All provided personal data will be handled with care and the given safety stated by german law for data privacy. No data will be given to a third party.

§11
The laws of the Federal Republic of Germany applies, with the exclusion of UN sales law, as well as of the conflict of laws standards of international private law.The place of performance is to the extent that it is legally permissible- Radolfzell am Bodensee. The jurisdiction for all disputes is Radolfzell am Bodensee.

§12
Digital Goods like eBooks, software and audio data are excluded from restitution due to the nature of the products (§312d, Abs.4 Ziff1, BGB)

§13
Hartwigmedia is obligated to inform the customers about changes of the License Agreements either by e-mail or via announcement on this website.