END-USER LICENSE AGREEMENT (EULA)
License agreement for users of Sound Libraries purchased through Edible Audio.
This end user license agreement (the “Agreement”) is entered into between you, a single user natural person (the “Licensee”), who has purchased one or more sound effect libraries through the Distributor, and the creator or creators of these sound effect libraries (the “Licensor”). For multi-user licenses, please contact email@example.com.
This Agreement covers one or more sound libraries purchased by the Licensee via the Distributor 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 EULA the Licensee agrees to be bound by the terms and conditions set out in this EULA.
1. Grant of License
In consideration for the purchase of the Sound Libraries via the Distributor, the Licensor grants the Licensee a worldwide, non-exclusive, perpetual, royalty free license to use the sounds in the Sound Libraries (“Sounds”) on the terms and conditions set out in this Agreement.
2. Rights Granted
The license granted in this agreement allows the Licensee to:
a. install and use the Sound Libraries on one workstation at a time, 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, web sites, podcasts, mobile apps, advertising, multi-media presentations, video games and similar.
The Licensee is not permitted to distribute or perform reproductions of the Sounds where these are not incorporated in and synchronized 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.
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.
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.
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.
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.
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 Australia 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.