Pond5 Select Extended Music License Terms

These Pond5 Select Extended Music License Terms (these "Terms") apply to any Music Track Downloaded from the Website that the Item Page for the Music Track (a "Track") indicates is under the "Extended Music License" or "Select Music License".

  1. The terms and provisions of the Pond5 Content License Agreement set forth at www.pond5.com/legal/license (as modified as provided therein, the "License Agreement"), with any changes thereto set forth below, shall govern and apply to all Tracks and shall be deemed incorporated herein.

  2. The License to the Track authorizes use of the Track in only one Production (including all versions of such Production and promotional material for such Production) (a "Single Production") and you will not use the Track in any other Production or other work.

  3. When you Download a Track, you may choose either of two options:

    1. Enhanced Music - which will be deemed to be under the Pond5 Enhanced License, which includes, as provided in more detail in and subject to the terms of the License Agreement,
      1. up to 10 seats, and
      2. indemnity up to $250,000; or
    2. Premium Music - which will be deemed to be under the Pond5 Premium License, which includes, as provided in more detail in and subject to the terms of the License Agreement,
      1. an unlimited number of seats, and
      2. indemnity up to $1,000,000.
  4. Under either option, the Track will not be considered to be "Excluded Content" under the License Agreement, so the Pond5 warranties and indemnity under the License Agreement will apply to the Track, in accordance with the terms of the License Agreement.

  5. If you choose the Premium Music Option, no budget and broadcast restrictions apply to your Production. If you choose the Enhanced Music option, use of the Track shall not exceed any of the following restrictions:

    1. Use in a Production with a total budget for all purposes of under USD $1,000,000.
    2. Use in a Production broadcast that is viewed less than an aggregate of 1 million times.
    3. Use in a local or regional Advertisement Production, which has a total broadcast area of no more than 300 miles in diameter.
  6. You will pay the applicable License Fees set forth on the Item Page for each Single Production that includes the Track.

  7. For any video or film production with more than one episode, each episode containing a Track will be considered to be a separate different Single Production, each of which will require a separate License under the Term and payment of the applicable License Fees therefor.

  8. When determining the budget or number of views of a Production with more than one version and/or promotional material, the budget will be deemed to include the aggregate budget of all versions and all promotional material, and number of views will be deemed to be the aggregate number of views of all versions.

  9. You will provide us with the title used for the production and/or broadcast of your Production containing the Track.

  10. If you choose the Enhanced Music option, you will reasonably promptly provide us with any information and data reasonably requested by us (may be by email) and accessible by you regarding your use of the Track fitting within the Enhanced Music restrictions described above, including as applicable the budget of your film Production, number of views of your Production broadcast, the broadcast area of your Advertisement Production and/or your internal use, non-profit use and/or tradeshow use. We will have reasonable discretion to determine such budget, number of views, broadcast area and use, based in our reasonable discretion on the information/data provided by you and/or public sources.

  11. Terms used herein that are defined in the License Agreement have the meanings ascribed to them therein, with the interpretation provisions of the License Agreement applying to these Terms, and references in the License Agreement to "this Agreement", "herein" and the like refer to the License Agreement as modified by these Terms.

  12. As used in these Terms, the term "broadcast" includes any transmission by any means whatsoever, including radio, television, the Internet, cable cast, webcast, broadcast, simulcast, telecast, streaming, downloads, telephone or mobile device.

  13. To the extent of any inconsistency between these Terms and the License Agreement regarding a Track, these Terms shall control.

  14. Pond5 may change these Terms or withdraw offering any or all Tracks at any time and from time to time without notice, provided that any such change or withdrawal will not affect any Tracks Downloaded prior to the change or withdrawal. You are cautioned to review these Terms, the License Agreement and the Terms of Use posted on the Website periodically. Your continued access to or use of the Website or use of a Track Downloaded after any such changes are posted will constitute your acceptance of and agreement to these Terms, the License Agreement and the Terms of Use as posted on the Website at such time.