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End-User License Agreement
Trailer Hits Toolbox - Sound Designer Edition
Last updated on December 06, 2022.
1. Agreement and Acceptance.
This agreement (the “Agreement”) is between Heiko Sengbusch (collectively, “Licensor”) and you (either an individual or a single entity) ("you" or "your"). This Agreement is applicable for the sounds in TRAILER HITS TOOLOBX – SOUND DESIGNER EDITION (individually, and collectively, the “Samples).
Please read this Agreement carefully before using or purchasing the samples. By using, downloading, or purchasing TRAILER HITS TOOLOBX – SOUND DESIGNER EDITION, you are agreeing to be bound by this Agreement. If you do not wish to be bound by this Agreement, do not use, download, or purchase TRAILER HITS TOOLOBX – SOUND DESIGNER EDITION.
2. Grants of Rights
All Samples included in this purchase remain the property of Licensor and are licensed to you as the original end-user. All rights not expressly granted herein are reserved exclusively by Licensor.
- Licensor grants you the limited, personal, non-exclusive, non-transferable, terminable, royalty-free, worldwide right to use the Samples for one single commercial product which has the intent to make money and/or be used as promotional material. A product is a non-audiovisual work containing more than two Samples of TRAILER HITS TOOLBOX such as, but not limited to, sound design albums (production music), virtual instruments, and sound effects libraries.
- You may re-arrange and modify the Samples.
- Samples that were heavily modified may be sold, distributed, and licensed as part of one single product. In addition, heavily modified Samples that were created as part of sound design album for production music may be sold and licensed individually.
- You MAY NOT use, sell and license the unmodified Samples as “naked” sounds such as, but not limited to, video game soundtracks, music stems, toys, virtual instruments, and/or sound effects libraries without first obtaining a separately written license. In addition, you may not upload any of the Samples in its original form to YouTube, Spotify or any other media platform, claim ownership or for commercial gain.
- You MAY NOT create any competitive products to TRAILER HITS TOOLBOX and grant third parties the right to sell, license and distribute any of your created sounds.
3. Term and Termination
The license granted in this Agreement is effective until terminated hereunder. Licensor will have the right to terminate the license granted herein immediately if you fail to comply with any term or condition of this Agreement. The license granted to you herein will terminate automatically upon any breach of Section 2. Upon termination of this Agreement for any reason, you shall immediately stop using the Samples and shall destroy and remove from all computers, hard drives, networks, and other storage media all copies of the Samples.
4. Disclaimers and Limitation of Liability
The Samples are licensed ‘as is’ without warranties of any kind. Licensor is not obligated to provide you with any support in connection with the Samples.
You agree that Licensor shall have no liability whatsoever for any use you make of the Samples. You shall indemnify and hold harmless Licensor from any third party claims, damages, liabilities, costs and fees (including reasonable attorney fees) arising from your use of the Samples as well as from your failure to comply with any term of this Agreement.
Under no circumstances and under no legal theory will Licensor’s liability hereunder exceed the price paid by you for the Samples.
5. General
This Agreement contains the entire understanding between you and Licensor in relation to the Samples. The validity, construction, and performance of this Agreement shall be governed and construed in accordance with the laws of Germany, without giving effect to any conflict of laws provisions. The Federal and state courts located in the Germany, shall have sole and exclusive jurisdiction over any disputes arising under the terms of this Agreement.
