END USER LICENSE AGREEMENT
for products provided by Sound Yeti
This End User License Agreement (hereinafter “EULA”) is a legal agreement between the Licensee (an individual person hereinafter “You” or “Your”) and Sound Yeti (hereinafter “SY”) for the copyrighted; software, media files, digital assets, music, audio, video, designed sound effects, source sound files, libraries, collections and any printed, online or electronic documentation and related content (hereinafter the “Content”) You have licensed. The specific Content which You are licensing is listed on Your purchase receipt.
Content has been licensed to You by Sound Yeti. Your use of the Content is limited by this EULA and copyright laws.
You accept and agree to be bound by the terms of this agreement by purchasing, installing, downloading, licensing, or otherwise using the Content. If you do not agree with the terms of this EULA do not use the Content. The Content is protected by copyright laws and treaties as well as laws and treaties related to other forms of intellectual property. Your license to download and use the Content is subject to these rights and are non-transferable and can only be validated by proof of purchase. Rights not expressly granted to You are hereunder reserved by SY.
1.1 Synchronization and Use in Your Products, Productions, Performances
SY has granted You commercial and non-commercial use of the Content when it is used in combination with Your music, audio, video, film, motion graphics, post-production, theatrical performance, mobile apps, video games, podcasts, broadcast or similar finished goods, performances or productions. You are permitted to use the Content as a soundtrack “synced” with visual images or sounds as part of Your media related products and/or productions.
You may distribute and/or publicly perform reproductions of the Content only where the Content is incorporated in and/or synchronized with other media production elements, performances or finished goods. Your use of the Content must include at least one additional media element; sounds, music, voice, images, video, motion graphics, animations, game play etc.
1.2 Royalty Free, No Attribution
The Content You licensed may be combined or synchronized for the purposes of commercial recordings, productions, performances without any additional license fees (royalties) becoming necessary or providing source attribution for SY. You are permitted to re-record or synchronize the Content as described in this EULA and distribute Your product, productions, performances in whatever medium you choose i.e. video tape, film, CD ROM, DVD, streaming, digital formats.
1.3 Single User License, Non-transferable
In consideration of the license fee You paid and subject to the terms of this EULA, Sound Yeti grants to You (a single user, person) a limited, non-exclusive, non-transferable, perpetual, royalty-free license, without right to sub-license, to use Content in accordance with this EULA. The license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part.
1.4 Multi-User Licenses
This EULA grants use of the Content only to You (a single user, person). It does not permit multiple users of the Content by way of file sharing systems or in any other way. Multi-user licensing is only permitted if You obtain licensing agreements for each user. Discounts for multi-user licenses are available. For further information on multi-user licensing please contact us via email: [email protected].
1.5 Installation and Back-up
You may install and use the Content on a single computer workstation. You may make one copy for archival (back-up) purposes only.
2. LIMITATIONS & USE RESTRICTIONS
2.1 Use Must be Synchronized
You are not permitted to distribute or create reproductions of the Content where they are not incorporated in and/or synchronized with other media production elements, performances, finished goods.
2.2 Not for Use in Media or Content Creation Products
You are not permitted to use or include the Content in whole or in part in products, productions or applications for ringtones, sound or music creation software or hardware, media authoring and content creation tools/software/apps or music or audio performance hardware/devices/instruments.
2.3 You May Not Redistribute or Resell Like Products
You are not permitted to resell, redistribute or share the Content as a standalone product in whole or in part.
You are prohibited from adapting, modifying, reformatting or repackaging the Content for resale or distribution as a like product. Without obtaining express written consent from SY, You may not redistribute through any means, including but not limited to, trading, sharing, re-sampling, mixing, processing, isolating, or embedding into software or hardware of any kind, for the purpose of inclusion of the Content as part of any free or commercial library of musical and/or sound effect samples and/or articulations, and/or like Content or any form of music, sample or sound effect playback system or device.
You may not include the Content in any media library (e.g. sample instrument, sound effects library, collection of like media Content etc.) online or offline without our express written consent. Contact us at: [email protected] for custom product development.
3. LIMITATION OF RESPONSIBILITY
You will indemnify, hold harmless, and defend SY, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of the Content provided by SY.
In no event (including, without limitation, in the event of negligence) will SY, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this EULA, the Content or the use or inability to use the Content or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence. You bear sole responsibility and liability for any loss incurred due to failure of the Content to meet your requirements.
SY cannot be held responsible for any direct, indirect, or consequential loss arising from the use of any Content licensed from SY in whatever form, and including consequential loss arising from a delayed or lost shipment.
Except as expressly stated in writing, SY makes no representation or warranties in respect of the Content and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose. SY will not be responsible if the Content does not fit your particular purpose. The Content is licensed to You, “as is” without warranties of any kind.
3.2 Governing Law
This Agreement shall be governed by the law of the United States applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of United States therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
Any failure to comply with the terms and conditions of this EULA will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of the Content supplied under this EULA and destroy all copies You have produced.
3.3 Copyright Restriction & Intellectual Property Rights
The Content contains copyrighted material, and other proprietary material. SY’s name, logo and graphics files, names and descriptions that represent the Content are the property of Sound Yeti. Sound Yeti retains sole and exclusive ownership of all right, title and interest in and to the Content and all Intellectual Property rights relating thereto. You may not claim ownership or authorship of the Content.
Copyright law and international copyright treaty provisions protect all parts of the Content products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of this EULA.
4. THANK YOU
We appreciate your business. Please contact us if you have any questions or require special use, licensing or custom development. We welcome your inquiry: [email protected]
Copyright © 2018 Sound Yeti