C. A. Sound, discount cialis buy Inc. Sound EFX License Agreement
The following terms and conditions constitute a legally binding Agreement (“Agreement”) between you, cialis usa generic the recipient (“Licensee”) and C. A. Sound, ampoule Inc. (“Licensor”). By purchasing Sound EFX or a Library of Sound EFX you acknowledge that you have read the terms of this Agreement, understand the terms of this Agreement and agree to be bound by such terms. By purchasing Sound EFX or a Library of Sound EFX , you further agree that these terms shall apply to any and all downloads of Sound EFX or Libraries that you purchase from this Site, all copies of Sound EFX or Libraries that you purchase from this Site and all sounds derivative thereof.
1. Grant of License
Upon Purchase of any Licensor’s Sound EFX or Sound EFX Libraries, Licensor grants Licensee a non-exclusive, world-wide and royalty free license to use purchased sounds (“Sounds”) on the terms set out in this Agreement.
2. Rights Granted
The License granted consists of the following rights to Licensee:
A. To use and incorporate Sounds into any Licensee product, production, work or other project, including film, television, internet or other media production (“Licensee Project”) as Licensee sees fit;
B. To synchronize Sounds with moving images in any Licensee Project;
C. To reproduce Sounds for the purpose of Licensee Projects. D. To publicly perform Sounds in respect of Licensee Projects.
3. Restrictions on Uses
The License granted in this Agreement is personal to Licensee and limited to Licensee Projects and as such does not permit Licensee:
1. To make copies of any unsynchronized Sounds, except as may be designated to a single stand alone workstation for the sole purpose of specific audio and /or visual synchronization at your own facility.
2. To license or sell any Library in its entirety or parts thereof, to adapt, modify, or repackage any Sound EFX or Sound EFX Library.
3. To sell the Sounds contained herein outright to any other individual or party. (Although the Sounds may be sold as incorporated into a Licensee Project.)
4. To re-record or change the Sounds 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.
5. To claim ownership or authorship of the Sounds represented under this Agreement.
6. To transfer, assign, share or sub-lease Sounds or this Agreement with any other party.
4. Copyright
Copyright in the Sound EFX and Libraries is owned by Licensor and other than the license rights granted in this agreement all right, title and interest in the Sound EFX and Sound EFX Libraries is and shall remain the property of Licensor.
5. Assignment
Licensee may not assign the Sounds to any other party without Licensor’s written consent except as necessary for the use of the Sounds in a Licensee Project.
6. Termination
The License granted under this Agreement, and Licensee’s right to use any Sound EFX or Sound EFX Library 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 Sounds in Licensor’s possession or control.
7. Indemnity
License 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 defects in the Licensed Products, any claim that Licensed Products infringe or violate any rights of any third party or any breach of this agreement by you.
8. Limited Warranty/Liability
C.A. SOUND, INC. SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL C.A. SOUND, INC. BE RESPONSIBLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGE OR LOSS OF USE.
Licensor’s liability is limited and restricted solely to replacement at no charge of the Licensor’s product in question.
9. Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the United States of America and the State of New York, without reference to its rules concerning choice of law. Licensee agrees that the exclusive jurisdiction for resolution of any dispute relating to any Licensor product or Sound, and/or arising out of this agreement, shall be the federal and state Courts in the State of New York having jurisdiction over Ulster County, New York. The recipient hereby consents to the personal jurisdiction of the federal and state Courts in the State of New York.