END-USER LICENSE AGREEMENT (EULA)
License agreement for users of Sound Libraries purchased through A SOUND EFFECT (www.asoundeffect.com) operated by A Sound Effect ApS, Gråbynkevej 8A., DK-2700 Brønshøj, company registration number DK36019913 (the “Distributor”).
This end user license agreement (the “Agreement”) is entered into between you (the “Licensee”), who has purchased a license to use one or more sound effect libraries through the Distributor, and the creator, or creators, of these sound effect libraries (the “Licensor”).
This Agreement covers license(s) to the sound libraries purchased by the Licensee via the Distributor as defined in the Terms and conditions which appears from the invoice that the Licensee receives following the purchase (the “Sound Libraries”).
The Licensor is the creator or creators of the Sound Libraries stated as such on the Distributor’s website and listed on the invoice which the Licensee receives following the purchase.
By accepting this Agreement the Licensee agrees to be bound by the terms and conditions set out herein.
1. Grant of License
In consideration for the purchase of the license(s) to the Sound Libraries via the Distributor, the Licensor grants the Licensee worldwide, non-exclusive, perpetual, royalty-free license(s) to use the sounds in the Sound Libraries (“Sounds”) on the terms and conditions set out in this Agreement. On the invoice that the Licensee receives following the purchase it is stated how many licenses to the Sound Libraries that the Licensee has been granted.
2. Rights Granted
The license(s) granted in this Agreement allows the Licensee to:
a. install and use the Sound Libraries on as many of the Licensee’s workstations at a time as the number of licenses to the Sound Libraries that the Licensee has purchased, although the Licensee is permitted to make and keep backup copies of the Sound Libraries on other storage devices; and
b. distribute and publicly perform reproductions of the Sounds, where these are incorporated in and synchronized with other media productions, which shall mean products that contains at least one additional media element to the Sounds (music, voice, image, etc.), including but not limited to radio and television broadcasts, film, music compositions, websites, podcasts, mobile apps, advertising, multi-media presentations, video games and similar.
3. Restrictions
The Licensee is not permitted to distribute or perform reproductions of the Sounds where these are not incorporated in and synchronised with other media productions, including but not limited to in toys, product design, greeting cards, ringtones, applications such as soundboards, hardware devices, media authoring tools etc.
To the furthest extension permitted by law, the Licensee is prohibited from adapting, modifying or repackaging any Sounds, except as permitted in Clause 2.b.
Furthermore, for the sake of clarity, the audio files licensed under this agreement, or any new audio content derived from or based on the audio files, may not be used in whole or in part in:
1. Any library (e.g. sample instrument, sound effects library, production music as single accessible stems, etc.),
2. Usage as pre-installed sounds in any physical / hardware device or toy, online or offline,
3. Usage, in whole or in part, for the purpose of training, improving, or developing any Neural Networks (NN), Artificial Intelligence (AI) or Machine Learning (ML) models or algorithms, whether for commercial or non-commercial use,
4. Usage that uses the Sounds as runtime derivative data and not as audio material (e.g. using Impulse Response recordings in a reverb plugin in a video game, or as part of a reverb Plug-In that you sell),
5. Usage in any product that is primarily a sound product. Primarily, for the purposes of this agreement, is defined as containing pure sound effects using Sound Libraries (without voice, music) for at least 50% of the total elapsed time of the product. Examples of restricted products would be soundscape albums, sound effect collages on YouTube, ambient sound videos without narration.
If you have any doubts or if you’re looking to include our Sound Libraries in ways that are mentioned in the Restrictions, please get in touch with us. We’re here to discuss the possibility of obtaining a custom license or providing further clarification.
4. Intellectual property rights
All rights to the Sound Libraries and the Sounds herein are owned by the Licensor and other than the license rights granted in this Agreement all rights in the Sounds and Sound Effect Libraries remain the property of the Licensor. The Licensee must not claim ownership or authorship of the Sounds or the Sound Libraries.
5. Termination
The Licensee’s right to use the Sound Libraries will automatically terminate in the event of any breach by the Licensee of the terms of this Agreement. In the event of termination, the Licensee shall delete or destroy all copies of the Sound Libraries which the Licensee has produced.
6. Indemnity
The Licensee shall indemnify Licensor and Distributor from, and against any and all claims, demands, suits, awards, damages, suits, injuries, liabilities and all reasonable expenses, including attorney’s fees incurred by the Licensor and the Distributor with respect to any matter that arises as a result of the Licensee’s breach of this Agreement.
7. Liability
Licensor and/or Distributor shall not be liable for any damages or for any loss of business or business profits, business interruption, or any other direct or indirect loss resulting directly or indirectly from the use of any of Licensor’s Sounds.
8. Assignment
To the furthest extension permitted by law, the Licensee must not assign, license, sublicense, sell or otherwise assign the Sounds to any third party, except as set out in Clause 2.b.
9. Applicable Law
This Agreement is governed by the law of Denmark without giving effect to the Uniform Law on the International Sale of Goods and the Uniform Law on the Formation of Contracts for the International Sale of Goods.