(EULA) END USER LICENSING AGREEMENT
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LICENSING INFORMATION – SINGLE USER
All of the sound effects libraries on this website are licensed, not sold to the Licensee. By purchasing any of the sound effects libraries from our shop, you acknowledge and agree to be bound by the terms and conditions laid out within this document.
This EULA is a legal agreement between yourself (the Licensee) and Pole Position Production, the Licensor. In this Agreement, the party who is granting the right to use the licensed media will be referred to as “Licensor” or “Pole Position Production”, and the party who is receiving the right to use the licensed media will be referred to as “Licensee”. Before placing an order on our website, you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any of our sound libraries.
Anyone found breaching this agreement will be subject to criminal and civil penalties and liable for monetary damages. Please respect our work.
GRANT OF LICENSE
Upon purchasing a sound library from our shop, we grant the Licensee, a worldwide, non-exclusive, royalty-free license to use all or any of the sound effects in accordance with the terms and conditions laid out in this Agreement.
a) Licensee may use the licensed sound effects on an unlimited number of projects for the entirety of their lifetime.
b) Licensee may use the licensed sound effects for personal and commercial projects without attribution to the original creator.
c) Licensee may use the licensed sound effects for the purposes of synchronization with audio and visual projects the Licensee is involved with, which includes but is not limited to: games, films, television & interactive projects.
d) Licensee may transfer the licensed sound effects to one local hard drive and also make one additional backup copy for personal use. This license does not allow you to upload the sound effects to a network-drive, server or make copies available to other unlicensed users.
e) Licensee may distribute and publicly perform a reproduction of anything contained within the sound effects libraries over any form of public or private medium as long as they are synchronized within Licensee’s project.
f) Licensee may re-record, edit, duplicate and release the licensed sound effects as part of yours or your clients’ production in whatever medium you choose.
Other than the license rights granted in this agreement, all right, title and interest in the sound libraries on our website, is and shall always remain the property of Pole Position Production. The rights granted herein are non-transferable and have to be validated by proof of purchase. All rights not expressly granted to you hereunder are reserved by Licensor.
Licensee hereby indemnifies Licensor from, and against any and all claims, demands, suits, actions, causes of action, damages, liabilities, charges and expenses, including attorneys fees incurred by Licensor with respect to any matter that arises as a result of any claim that the Licensed sound effects infringe or violate any rights of any third party or any breach of this agreement by you.
Pole Position Production warrants that it has full authority to license and distribute all of the sound effects libraries on our website under the terms of this agreement and that our products do not infringe on the rights of any third party.
Licensor shall not be liable for any loss of business or business profits, business interruption, or any other form of direct or indirect loss resulting directly or indirectly from the use of any of the licensed sound effects.
a) Licensee may not modify any of the sound effects libraries with intent to claim authorship.
b) Licensee may not sell any of the sound effects libraries or contents of any of the sound effects libraries for the purposes of commercial gain. (Although the sound effects may be sold as incorporated into licensee project).
c) Licensee may not transfer, assign, share or sub-lease the licensed sound effects with any other party.
d) Licensee must be the sole editor, otherwise a multi-user license will be required. Purchasing a multi-user license will allow you to use the sound effects libraries on more than one workstation and by multiple people on your production team.
e) Licensee may not re-record or change the licensed sound effects in any way not authorized under this Agreement without the written consent of Licensor. Licensee and Licensor understand that it is common to re-design and manipulate Sounds. Licensee agrees that such re-designed or manipulated sounds do not constitute original composition and is expressly included within the scope of this Agreement.
f) Licensee may not make copies of unsynchronized sounds, except to one local hard drive and one additional backup copy for personal use.
g) Any intangible asset licensed from Pole Position Productions may only be used for an artistic work and may not be utilized or “scrubbed” to train or otherwise develop any algorithm, machine learning, neural network and/or artificial intelligence in any manner.
h) Unless proven otherwise, it will be assumed that the damages caused by such unauthorized use will amount to the licensing or sales price as a multiple of the number of people reached by the unauthorized use.
i) The Licensor retains a right to investigate the use of its licensed properties.
Licensee may not assign, sell, license or sub-license the licensed sound effects to any other party without Licensor’s written consent.
The Licensee’s right to use any of the sound libraries from Licensor will automatically terminate in the event of any breach by Licensee of the terms of this Agreement and upon written demand from Licensor, Licensee agrees that Licensee shall immediately destroy all copies of the sound effects in Licensor’s possession or control.
These Terms are to be governed by and interpreted according to European law. This means a Contract for the purchase of sound effects libraries through our website, and any dispute or claim arising out of or in connection with it or these Terms will be governed by Swedish law. All disputes arising under them will be subject to the exclusive jurisdiction of the Swedish courts.
This is a binding legal agreement between you (the Licensee), and us (the Licensor). By purchasing and using any of the sound effects libraries from our website constitutes the acceptance of these terms. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.