END USER LICENSE AGREEMENT
This End-User License Agreement covers all Sound Design Bundle purchases made through newkracklesounddesign.com, unless explicitly stated:
END-USER LICENSE AGREEMENT (EULA)
License agreement for users of Sound Design Bundles purchased through NEWKRACKLE SOUND DESIGN (www.newkracklesounddesign.com) operated by newkrackle, LLC (the “Licensor”).
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 Design Bundles from newkracklesounddesign.com (the “distributor”), and the creator of these Sound Design Bundles (the “Licensor”).
This Agreement covers license(s) to the Sound Design Bundles purchased by the Licensee via the Distributor.
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 Design Bundles via the Distributor, the Licensor grants the Licensee worldwide, non-exclusive, perpetual, royalty-free license(s) to use the sounds in the Sound Design Bundles (“Sounds”) on the terms and conditions set out in this Agreement.
2. Rights Granted The license(s) granted in this Agreement allows the Licensee to:
a. install and use the Sound Design Bundles on as many of the Licensee’s workstations at a time as the number of licenses to the Sound Design Bundles that the Licensee has purchased, although the Licensee is permitted to make and keep backup copies of the Sound Design Bundles 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 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.b.
4. Intellectual property rights All rights to the Sound Design Bundles 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 Design Bundles remain the property of the Licensor. The Licensee must not claim ownership or authorship of the Sounds or the Sound Design Bundles.
5. Termination The Licensee’s right to use the Sound Design Bundles 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 Design Bundles 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 the United States of America 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.