- INDIVIDUAL END USER LICENSE (IEULA)
- RIGHTS GRANTED
- INTELLECTUAL PROPERTY RIGHTS
- FILE DELIVERY AND DIGITAL DOWNLOADS
- APPLICABLE LAW
- QUESTIONS OR COMPLAINTS?
Individual End User Licensing Agreement (IEULA)
1. Individual End User Licensing Agreement (IEULA)
2. RIGHTS GRANTED
Rights Granted. (AUDIONFX) Digital Audio Product(s) are licensed to (“You”) not sold, to (“You”) the licensee. This (AUDIONFX) license grants (“You”) the licensee as an individual or single-user entity. The non-exclusive worldwide right to incorporate these sounds in any audio production such as: radio imaging, radio broadcast, television broadcast, advertisement, web video, podcast, film, video game, software application, ring tone, or other media productions, without paying additional royalties, license fees, to (AUDIONFX) or third parties. For information on obtaining a Multi-User End License, email us at email@example.com
Restrictions. The licensee “You” is not authorized to distribute, license, sublicense or perform reproductions of the (AUDIONFX) Digital Audio Product(s) when these are not incorporated and synchronized in a Media Production. (“You”) may not use (AUDIONFX) Digital Audio Product(s) as source material for your own sound effect library and you may not alter or delete any (AUDIONFX) “watermark” embedded within the demo sound files. Copyright laws and international treaties protect the (AUDIONFX) Digital Audio Product(s) .
4. INTELLECTUAL PROPERTY RIGHTS
Intellectual property rights. (AUDIONFX) Digital Audio Product(s) (sound effects, sound recordings, sound elements, sound libraries) are licensed to the licensee (“You”) and not sold to (“You”) by proof of payment of the associated licensing fees. This license is non-transferable. The licensee (“You”) acknowledge that (AUDIONFX) owns the intellectual property and copyright on all (AUDIONFX) Digital Audio Product(s).
Payments. The license fee for (AUDIONFX) products are for individual or single (1 person) user and is indicated in € (EURO) (VAT may be applied where applicable) at checkout. Once the Digital Audio Product(s) is downloaded and received by (“You”), no refunds or exchanges for the digital download will be given, except as may be necessitated by a technical issue.
Each time (“You”) purchase Digital Audio Product(s) through this site you will be required to click the “Proceed Directly to Checkout” button to complete the order, which is preceded by the instruction “All purchases are subject to our “Individual or Multi-User End User Licensing Agreement & terms and conditions”. By clicking the “Proceed to Checkout” button and/or by using this site to purchase Digital Products (“You”) are accepting both this license agreement and terms and conditions of sale and if relevant any product specific terms. Any terms which (“You”) seek to impose in respect of your purchase of Digital Audio Product(s) through this site will not form part of any contract between us. Please read the terms and conditions carefully before ordering any of the Products from our site. If (“You”) have any queries on these terms please contact us before placing any order.
6. FILE DELIVERY DIGITAL DOWNLOADS
Delivery. Upon receipt of payment (“We”) will send (“You”) an email message with the secure online “digital download link” to download the (AUDIONFX) Digital Audio Product(s). The “digital download link” will remain active for 30 days or (one month) after purchase invoice date.
All Digital Audio Product(s) are delivered in Broadcast WAV format, 44.1kHz or 4800kHz. Stereo or Mono files. In 16bit or 24bit.
Watermarked demo’s on audionfx.com are 192kbp/s Stereo MP3 files.
If you are in breach of, or we suspect you are in breach of, these Digital Audio Product(s) License Terms of Sale then we may take any/all of the following actions:
- Issue a warning to you;
- Immediate, temporary or permanent withdrawal of your access to your account and/or the site however you will remain responsible for all outstanding amounts on your account;
- Legal action against you;
- Disclosure of information to law enforcement authorities as we reasonably feel is necessary.
Termination. audionfx.com (AUDIONFX) reserves the right to refuse any order or purchase order, verbal or written and the rights to terminate this license agreement in an event of breach by the licensee (“You”) the licensee shall delete or destroy all copies of the (AUDIONFX) Digital Audio Product(s). Which the licensee produces or has produced.
You agree (“You”) will have no claim against us. The Licensee (“You”) shall indemnify the licensor audionfx.com (AUDIONFX) against all losses, costs “including legal costs on a full indemnity basis”, expenses, demands, suits, loss of business or business profits, injuries, liability or in connection with, a third party claim against us relating to your use of AUDIONFX Digital Audio Product(s) content.
We warrant to (“You”) that any Digital Audio Product(s) purchased from us through our site is of satisfactory quality and reasonably fit for the purpose for which products of the same kind are commonly supplied. We do not make any other promises or warranties about the Digital Products. (“You”) agree that use of this site to access or purchase Digital Audio Product(s) is at your sole risk.
If (“You”) or (“We”) are in breach of the contract for the Digital Audio Product(s) , neither of Us will be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the breach. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
Our liability for losses (“You”) suffer as a result of us breaking a contract for a Digital Product(s) is strictly limited to the purchase price of the relevant Digital Audio Product(s) affected.
We are not responsible for losses which happen as a side effect of the main loss or damage and which are not foreseeable by (“You”) and us including but not limited to:
Third party loss;
Loss of income or revenue;
Loss of business;
Loss of profits or contracts;
Loss of anticipated savings;
Loss of, damage to or corruption of data;
Loss of opportunity or goodwill;
Indirect or consequential loss of any kind; however arising and whether caused by tort (including negligence), breach of contract or otherwise.
This section does not exclude or limit in any way our liability:
For death or personal injury caused by our negligence;
For fraud or fraudulent misrepresentation;
For any deliberate breaches of these terms by us that would entitle (“You”) to terminate the contract between us relating to the Digital Audio Product(s).
For any matter for which we cannot exclude, or limit our liability under applicable law.
audionfx.com (AUDIONFX) accepts no responsibility for any loss of business or business profits resulting directly or indirectly from the performance of any (AUDIONFX) Digital Audio Product(s) . With respect to any claims made in relation to this license agreement. (AUDIONFX) liability will not exceed the license fee paid by (“You”) the licensee. Once the Digital Audio Product(s) is downloaded and received by (“You”), no refunds or exchanges for the digital download will be given, except as may be necessitated by a technical issue.
10. APPLICABLE LAW
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
Applicable Law. This Individual End User Licensing Agreement (IEULA) shall be governed by and construed in accordance with The Dutch law and (“You”) agree that the exclusive jurisdiction for any action relating to this license agreement will be submitted to the exclusive jurisdiction of the Dutch courts. AUDIONFX – Sterling 3 – 3641MG – Mijdrecht – The Netherlands – Chamber of Commerce 55374743 – firstname.lastname@example.org
11. QUESTIONS OR COMPLAINTS?
If you have any queries at all regarding this site, the products featured on the site or any of the terms, please do not hesitate to contact us through our contact form, and we will be more than happy to assist you.