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LICENSING TERMS & CONDITIONS

1. License Grant

By purchasing a license from Tomas Herudek Music (the "Licensor"), you ("Licensee") are granted a worldwide, non-exclusive license to use musical tracks ("The Music") and/or sound effects ("The SFX") from the Tomas Herudek Music Library (collectively, the "Assets") in accordance with these Licensing Terms & Conditions.

The type and scope of the license granted to the Licensee depend on the product or subscription purchased.

The following license types are available:

a) Individual Track License

The Licensee purchases and downloads one or more individual musical tracks from the Music Library.

This license applies only to the purchased track(s) and grants the Licensee perpetual rights to use the licensed track(s) in audiovisual works ("AV Works") in accordance with these Terms & Conditions.

b) Individual SFX Pack License

The Licensee purchases and downloads an individual SFX pack containing multiple sound effects.

This license applies only to the purchased SFX pack and grants the Licensee perpetual rights to use the included sound effects in AV Works in accordance with these Terms & Conditions.

An Individual SFX Pack License does not permit the Licensee to download individual sound effects separately from the purchased SFX pack.

c) Music Subscription – Yearly Subscription

By purchasing a Music Subscription, the Licensee receives a blanket license valid for one (1) year, which allows the Licensee to:

  • download unlimited musical tracks from the entire Music Library,
  • create and distribute an unlimited number of AV Works using the downloaded Music,
  • exploit such AV Works in any media and on any platform worldwide.

The Music Subscription does not grant access to individual SFX downloads or SFX packs unless expressly stated in the description of the purchased subscription.

All AV Works created and published during an active Music Subscription using Music downloaded during the active subscription period are perpetually licensed and may continue to be distributed indefinitely after the subscription expires.

After the Music Subscription expires:

  • all Music downloaded during the active subscription period may continue to be used in accordance with these Terms & Conditions,
  • no new Music may be downloaded without renewing the subscription or purchasing an applicable individual license,
  • access to SFX content is not granted unless the subscription purchased by the Licensee expressly includes SFX.

d) Music + SFX Subscription – Yearly Subscription

By purchasing a Music + SFX Subscription, the Licensee receives a blanket license valid for one (1) year, which allows the Licensee to:

  • download unlimited musical tracks from the entire Music Library,
  • download unlimited SFX packs from the SFX Library,
  • download individual sound effects available for individual download,
  • create and distribute an unlimited number of AV Works using the downloaded Music and/or SFX,
  • exploit such AV Works in any media and on any platform worldwide.

The Music + SFX Subscription grants access to both Music and SFX content during the active subscription period.

All Music and SFX downloaded during an active Music + SFX Subscription may continue to be used perpetually in accordance with these Terms & Conditions, provided they are used as part of AV Works and not redistributed or made available as standalone content.

After the Music + SFX Subscription expires:

  • all Music and SFX downloaded during the active subscription period may continue to be used in accordance with these Terms & Conditions,
  • no new Music or SFX may be downloaded without renewing the subscription or purchasing an applicable individual license,
  • access to individual SFX downloads and SFX packs ends upon expiration of the subscription unless the Licensee purchases a separate applicable license.

e) SFX Subscription – Yearly Subscription

By purchasing an SFX Subscription, the Licensee receives a blanket license valid for one (1) year, which allows the Licensee to:

  • download unlimited SFX packs from the SFX Library,
  • download individual sound effects available for individual download,
  • create and distribute an unlimited number of AV Works using the downloaded SFX,
  • exploit such AV Works in any media and on any platform worldwide.

The SFX Subscription does not grant access to the Music Library unless expressly stated in the description of the purchased subscription.

All SFX downloaded during an active SFX Subscription may continue to be used perpetually in accordance with these Terms & Conditions, provided they are used as part of AV Works and not redistributed or made available as standalone content.

After the SFX Subscription expires:

  • all SFX downloaded during the active subscription period may continue to be used in accordance with these Terms & Conditions,
  • no new SFX may be downloaded without renewing the subscription or purchasing an applicable individual SFX Pack License,
  • access to individual SFX downloads and SFX packs ends upon expiration of the subscription.

2. Permitted Uses

The license authorizes the use of The Music and/or The SFX in connection with AV Works, including but not limited to:

  • social media platforms, including YouTube, Facebook, Instagram, TikTok, and future platforms,
  • monetized and non-monetized video content,
  • podcasts and streaming projects,
  • short and feature films, documentaries, trailers, and teasers,
  • television and broadcast productions,
  • commercial and client work,
  • games, mobile applications, and software,
  • audiobooks and spoken-word content,
  • live audiovisual productions and theatrical works.

The Music and SFX may be synchronized, edited, mixed, layered, and combined with other audio or audiovisual elements as necessary for use in AV Works.

All uses must comply with these Terms & Conditions and any additional terms published at www.tomasherudek.com.

3. SFX Usage and Restrictions

The SFX are licensed for use as audio elements within AV Works.

The Licensee may:

  • use individual SFX or multiple SFX together in AV Works,
  • edit, trim, process, layer, pitch-shift, time-stretch, or otherwise modify SFX as necessary for use in AV Works,
  • combine SFX with music, dialogue, voice-over, or other audio elements,
  • use SFX in commercial and client projects where permitted by the applicable license.

The Licensee may not:

  • redistribute, resell, sublicense, or share The SFX as standalone sound effects,
  • make The SFX available for download by third parties,
  • use The SFX to create or distribute another sound effects library, sample library, or sound effects pack,
  • make The SFX available as isolated audio assets in stock media libraries, marketplaces, or similar services,
  • claim ownership of The SFX as original recordings created by the Licensee.

The Licensee may deliver completed AV Works containing The SFX to clients or other third parties. Such recipients may use the SFX only as incorporated into the completed AV Works and may not extract, redistribute, or independently reuse The SFX as standalone audio assets.

4. YouTube Content ID & Copyright Claims

Most tracks in the Music Library are registered with YouTube Content ID. Uploading a video containing The Music may trigger an automated copyright claim.

To remove a claim and enable monetization:

  • the Licensee must submit a request through their user profile under "My Tracks",
  • a direct link to the video must be provided for each claimed track.

Videos successfully cleared during an active license period remain protected even after the applicable license or subscription expires.

The Licensor does not guarantee uninterrupted, error-free, or claim-free operation of third-party content identification systems, including but not limited to YouTube Content ID.

The Licensor shall not be held responsible for false, erroneous, or fraudulent copyright claims made by third parties. However, the Licensor will provide reasonable assistance to the Licensee in resolving legitimate claims related to licensed use of The Music.

5. Performance Rights and PROs

This license grants synchronization and mechanical rights necessary for audiovisual exploitation but does not waive public performance rights.

The Licensor is registered with performing rights organizations (PROs):

  • BMI (USA & Canada),
  • OSA (rest of the world),
  • IPI Number: 01093612660.

Public performance, broadcast, streaming, or any communication to the public of The Music may require payment of royalties by the broadcaster, platform, or venue in accordance with applicable PRO regulations.

The Licensee is not responsible for payment of such performance royalties to the Licensor.

6. Account and Purchase Requirements

To purchase a license and receive a license certificate, the Licensee must create an account on tomasherudek.com.

The Licensee is responsible for maintaining accurate account information and for keeping their account credentials secure.

Licenses and subscriptions are granted only to the individual or legal entity that purchased them and may not be transferred to another person or entity, except as expressly permitted by these Terms & Conditions.

7. Editing and Derivative Works

The Licensee may edit The Music and The SFX solely for use in AV Works, including:

  • trimming,
  • volume adjustments,
  • rearranging sections of a track,
  • mixing and layering,
  • sound processing,
  • pitch shifting,
  • time stretching,
  • other modifications necessary for integration into AV Works.

The Licensee may not use The Music or The SFX to create new standalone musical works, sound effects libraries, sample libraries, remixes, samples, or other derivative products intended for distribution or resale without express written permission from the Licensor.

8. Attribution

Attribution is not required for paid licenses or paid subscriptions, but it is appreciated.

Suggested credit format:

Music by Tomas Herudek
Track(s): [track name(s)]
www.tomasherudek.com

For tracks available for free download within the main Music Library, attribution is mandatory unless a paid license or subscription that removes the attribution requirement has been purchased.

9. License Transfer, Restrictions & Prohibitions

The license is non-transferable; however, completed AV Works containing The Music and/or The SFX may be delivered to clients or other third parties as finished projects.

Clients and other recipients may not use The Music or The SFX independently for future works unless they obtain their own applicable license.

The Licensee may not:

  • redistribute, resell, sublicense, rent, lease, or share The Music or The SFX as standalone content,
  • make The Music or The SFX available for download by third parties,
  • claim ownership of any Music or SFX from the Tomas Herudek Music Library,
  • register The Music or The SFX as the Licensee's own work with any copyright office, PRO, Content ID system, or similar service,
  • publish or sell The Music or The SFX as the Licensee's own work,
  • use The Music or The SFX to create or distribute competing music or SFX libraries, sample packs, or stock audio products.

The Licensee is solely responsible for the manner in which The Music and The SFX are used.

The Licensee agrees to indemnify, defend, and hold harmless the Licensor from any claims, damages, liabilities, or expenses arising out of improper, unauthorized, or unlawful use of The Music or The SFX by the Licensee.

10. AI / Machine Learning Prohibition

The Music and The SFX may not be used for training, testing, inputting, or feeding any artificial intelligence, machine learning, neural network, or generative systems, including but not limited to:

  • music generation,
  • sound effect generation,
  • sound-alike models,
  • voice or audio generation,
  • dataset creation,
  • model training or fine-tuning,

without prior written consent from the Licensor.

11. Free Tracks

Some tracks in the main Music Library are available for free download.

These tracks:

  • may be used in AV Works in the same media, platforms, and types of projects permitted under the applicable paid license,
  • require mandatory attribution,
  • do not grant the Licensee any rights beyond those expressly granted under these Terms & Conditions.

Failure to provide the required attribution constitutes a material breach of this license and may result in copyright claims, monetization restrictions, or termination of the granted license.

12. No Refunds / Chargebacks

Due to the digital nature of the content, all sales are final. No refunds, exchanges, or chargebacks are permitted once any Asset has been downloaded or access to the Music Library or SFX Library has been granted.

Notwithstanding the above, the Licensor may, at their sole discretion, issue a refund in exceptional cases where the Licensee provides a reasonable and legitimate explanation.

In such cases, the Licensee must contact the Licensor directly and provide sufficient details for review prior to initiating any chargeback or payment dispute.

13. Governing Law

These Terms & Conditions and all rights granted herein shall be governed by and construed in accordance with the laws of the Czech Republic.

14. Language & Version Precedence

This English version of the Licensing Terms & Conditions shall prevail in the event of any discrepancy or conflict between language versions or summaries.