Pulse Fx License Agreement

The songs and tracks in this download (each, a “Track”) are licensed to you, not sold to you.  All rights not expressly granted to you (“Licensee”) below are reserved by Pulse Fx, LLC, a New Hampshire limited liability company with an address of 683 Old Shaker Road, Loudon, New Hampshire 03307. (hereinafter “Licensor”).  

Provided Licensee has paid Licensor the applicable license fees for the Track, Licensor grants (the “Grant”) to Licensee, the non-exclusive, non-transferrable, non-sublicensable right and license to publically perform the Track only on a synchronized basis with Licensee’s performances of a cheerleading or dance routine to live audiences of cheerleading or dance competitions or exhibitions (and the necessary “through-to-the-viewer” music performance rights with respect to such synchronization).  The Track (or any part thereof) may not be sampled or otherwise made a part of another musical composition.  Licensee may not create derivative works from, edit, make or distribute copies (except to the extent necessary for Licensee’s disaster recovery purposes), sell, rent or otherwise display, distribute or perform the Track (or any part thereof) in any manner other than set forth in the Grant above.  

This license and grant of rights made hereunder are irrevocable and are granted for a period of time expiring May 31, 2025.    

Licensor will not hesitate to take legal action against any persons, company or individual who fail to adhere to the terms of this license agreement.  Licensee agrees to defend, indemnify, and hold harmless Licensor, its affiliates and their respective officers, directors, shareholders, employees, subcontractors, agents, representatives, suppliers and assigns (collectively, “Licensor Parties”) harmless from and against any and all claims, losses, damages and associated legal expenses arising out of or relating to (i) Licensee's breach of any provision of this agreement; (ii) Licensee's activities or other conduct of its business; (iii) the violation by Licensee of any statutory or regulatory obligation including, but not limited to US copyright law; or (iv) any claim or action for personal injury, death, property damage or other cause of action in connection with Licensee's activities whatsoever and wheresoever.

All liability of the Licensor Parties collectively for claims arising under this Agreement or otherwise howsoever arising shall be limited to the money paid to Licensor by Licensee for the applicable Track.  This limitation of liability is cumulative and not per-incident (i.e., the existence of two or more claims will not enlarge this limit).  In no event shall any Licensor Party be liable for any special, incidental, indirect or consequential damages, or lost revenue, lost profits, damages or liability based on the other party's revenue, or lost or damaged data, or damages or liability based on the amount or duration of use of a Track, arising from any type of claim whatsoever, whether arising in contract, tort (including negligence), or otherwise, even if such party has been informed of the possibility thereof.

If you have any questions about this license or you wish to report an individual who has violated the terms of this agreement, then please contact us at pulsefxcheer@gmail.com.