SOUND LIBRARIES – END-USER LICENSE AGREEMENT
*Last updated October 6th, 2023
SINGLE-USER LICENSE
This End-User License Agreement (the "Agreement") is a legally binding contract between you, an individual user (the "Licensee"), who has acquired sound effect libraries from THE NOISERY (referred to as the "Licensor") via www.thenoisery.com.
This Agreement applies to the Sound Libraries purchased by the Licensee as indicated in the invoice received post-purchase (the "Sound Libraries").
THE NOISERY is the creator of the Sound Libraries, identified on THE NOISERY's website and in the purchase invoice.
By accepting this EULA, the Licensee agrees to adhere to the terms and conditions outlined in this Agreement.
License Grant
In consideration of the purchase of the Sound Libraries, the Licensor grants the Licensee a worldwide, non-exclusive, perpetual, royalty-free license to use the sounds contained within the Sound Libraries ("Sounds") in accordance with the terms and conditions set forth in this Agreement.
Rights Granted
This license permits the Licensee to:
a. Install and employ the Sound Libraries on a single workstation at any given time. The Licensee is allowed to create and retain backup copies of the Sound Libraries on other storage devices.
b. Distribute and publicly perform reproductions of the Sounds when incorporated into and synchronized with other media productions. Such media productions include, but are not limited to, radio and television broadcasts, film, music compositions, websites, podcasts, mobile applications, advertising, multimedia presentations, video games, and similar projects.
Restrictions
The Licensee is not authorized to distribute or publicly perform reproductions of the Sounds unless they are integrated into and synchronized with other media productions. This prohibition encompasses use in toys, product design, greeting cards, ringtones, applications such as soundboards, hardware devices, and media authoring tools.
To the fullest extent permitted by law, the Licensee is prohibited from altering, modifying, or repackaging any Sounds, except as allowed in Clause 2.
Intellectual Property Rights
All rights to the Sound Libraries and the Sounds contained therein are the property of THE NOISERY. Except for the license rights granted in this Agreement, all rights related to the Sounds and Sound Effect Libraries remain with THE NOISERY. The Licensee must not assert ownership or authorship of the Sounds or the Sound Libraries.
Termination
The Licensee's right to use the Sound Libraries will automatically terminate in the event of any breach of the terms of this Agreement. Upon termination, the Licensee shall promptly delete or destroy all copies of the Sound Libraries created by the Licensee.
Indemnity
The Licensee shall indemnify THE NOISERY against any and all claims, demands, suits, awards, damages, injuries, liabilities, and reasonable expenses, including attorney's fees, arising from the Licensee's violation of this Agreement.
Liability
THE NOISERY 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 THE NOISERY's Sounds.
Assignment
To the fullest extent permitted by law, the Licensee must not assign, license, sublicense, sell, or otherwise transfer the Sounds to any third party, except as provided in Clause 2(b).
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Mexico. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in Mexico.
MULTI-USER LICENSE
While our standard sound library license is designed for individual users, if you require licenses for additional users/seats, multi-user licensing options are available. To request a multi-user license, please contact us.
RIGHTS GRANTED UNDER MULTI-USER LICENSE
All sound libraries offered by THE NOISERY are provided under license. When purchasing a sound library under the multi-user license, you agree to the following terms and conditions:
The multi-user license grants rights identical to those of the single-user license, with the exception of the right to accommodate additional users/seats.
Sound libraries can be installed on one workstation per license purchased or on a server accessible to each user.