Terms & Conditions

Depth of Sound – Sound Design End User License Agreement

The Following terms and conditions constitute a legally binding Agreement between you (the purchaser) and Depth of Sound – Sound Design. Please read the terms carefully before clicking on the “add to cart” button and downloading the sound recordings or ordering a copy on CD or DVD. By clicking on the “add to cart” button, you (the purchaser) acknowledge that you have read this Agreement, understand it an agree to be bound by its terms and conditions.

Upon your acceptance of this Agreement and payment for the content (“Recordings”), and subject to its terms and conditions, you are granted an End User License, which includes the right to combine the Recordings with graphics, video, or sound elements to create any media product/production provided that it is clear and distinct from a Recording itself. This includes a media product/production for film, web, multimedia, podcasting, embedding in video games and most other applications. You can use it over and over, in as many projects as you see fit, for life.

The End User License includes:

1. Mechanical rights

The right to re-record, duplicate and release the Recording as part of your product/production in whatever medium you choose (i.e. video tape, film, CD ROM, DVD, digital formats).

2. Synchronization rights

The right to use the Recording as a soundtrack “synced” with visual images, or sounds as part of your product/production.

3. Public Performance Broadcast rights

The right to use the Recording as part of the public viewing or broadcast of your product/production, including but not limited to videos, dvd, blu-ray, web sites, podcasts, multimedia presentations, video games, films, television, and radio.

Representation

Except as expressly set forth herein, Licensor hereby disclaims any and all representations and warranties, express or implied, including without limitation, any implied warranties of title, non-infringement, merchantability or fitness for any particular purpose.

You The Purchaser May:

1. Use the Recordings (as part of your product/production) for your lifetime, within different or various works or projects as you see fit.

2. Publicly perform the Recordings (as part of your product/production) over any public or private medium that complies with FCC guidelines.

3. Transfer the Recordings to any medium necessary (video, film, reel to reel, digital, etc.) to complete your product/production and distribute it.

4. For audio-only projects you must combine the sound recordings with other audio elements so that your product/production is “substantially different” from the Recording itself. If you have any questions about your particular usage please contact us.

5. Use the Recordings for any visual productions (film, video, tv, etc.) in their entire length and these productions may be duplicated without restriction.

Limitations

The Recordings may not be resold as part of other music or audio-related collections, in part or in whole. They may not be used or resold as a commodity except as part of a media production that is clearly unique and distinct from the track itself. Recordings may not be copied or duplicated except for use in the licensee’s productions and must only be used by the person to whom the license was given. Tracks may not be traded or exploited for profit or any other reason. Licensor maintains all intellectual property rights with regard to the marketing and sales of all

Recording tracks and any infringement thereof is punishable by law.

You the Puchaser May not:

1. Claim ownership or authorship of the Recordings represented under this Agreement.

2. Transfer, share or sub-lease this license agreement with any other party.

3. Sell the Recordings contained herein outright to any other individual or party. (Although the Recordings can be sold as part of your product/production.)

Term

This Agreement is effective for the lifetime of the purchaser.

Indemnification / Remedies

Purchaser will indemnify, save, and hold harmless Licensor from and against any and all claims, demands,  damages, suits, liabilities and all costs and expenses, including without limitation attorneys’ fees, against or  suffered by Licensor with respect to any matter that arises as a result of a breach or alleged breach of this  Agreement by the purchaser. No failure or delay on the part of Licensor in exercising any right, power or  remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any such right,  power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or  remedy hereunder, including injunctive relief. The remedies herein provided are cumulative and not exclusive  of any other remedies provided by law. In the event of any claim by you arising in any way out of this  Agreement and based upon any theory of liability, Licensor’s cumulative liability to you shall be limited to  amounts actually paid by you to Licensor for the Recordings and in no event more than the amount paid by you  in the preceding twelve (12) months.

Territory

The world.

This is a legal agreement between you, the end user, and Depth of Sound – Sound Design. Purchasing and use of any recordings from Depth of Sound – Sound Design means constitutes acceptance of these terms. This Agreement of Depth of Sound – Sound Design products constitute the entire agreements with respect to the Recordings, your purchase of same and the use thereof.

Warning: These sound effects are owned by Depth of Sound – Sound Design, or were produced and made available under license. All rights reserved. Unauthorized duplication is a violation of applicable federal laws. Sound effects and animation may not be re-recorded, duplicated or resold without the express written consent of Depth of Sound – Sound Design.