SINGLE-USER LICENSE AGREEMENT for users of Sound Libraries purchased from Effect Sense (effectsense.com).
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 (the “Sound Libraries”) from the Effect Sense web shop (effectsense.com) (or from any other distributor selling Effect Sense sound effect libraries), and the creator of these sound effect libraries (“Effect Sense”).
By downloading, copying or otherwise using the Sound Libraries, the Licensee agrees to be bound by the terms and conditions set out in this Agreement. For multi-user licenses, please contact Effect Sense: https://effectsense.com/support/multi-user-license/.
1. Grant of License
In consideration for the purchase of the Sound Libraries, Effect Sense 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 contain at least one additional media element to the Sounds (music, voice, image, etc.), including but not limited to YouTube videos, radio and television broadcasts, films, music compositions, web sites, podcasts, mobile apps, advertising, multi-media presentations, video games and similar, or where the Sounds are incorporated and played in synchronization with performing arts, including but not limited to theatre plays, musical theatre, magic shows, mentalism and similar.
3. Restrictions
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 Effect Sense and other than the license rights granted in this Agreement all rights in the Sounds and Sound Effect Libraries remain the property of Effect Sense. 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 Effect Sense 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 Effect Sense with respect to any matter that arises as a result of the Licensee’s breach of this Agreement.
7. Liability
Effect Sense 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 Effect Sense Sound Libraries.
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 and place of jurisdiction
This Agreement is governed by the law of Finland and the legal venue is Finland irrespective of in which country the purchase has been made or Sound Libraries used. If any dispute arising from this Agreement cannot be settled through negotiation, such disputes shall be settled at the District Court of Central Finland, in Finnish.