November 27th, 2015

End User License Agreement – Phonophilist Sound Effects Libraries

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY.

LICENSE

This Phonophilist End-­User License Agreement is a legal agreement between you and Phonophilist for the Sound Effects Libraries including sound files in WAV format and documentation.

By licensing and/or using Phonophilist Sound Effects Libraries you agree that this End User User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.

Unless you have a different license agreement signed by Phonophilist your use of Sound Effects Libraries indicates your acceptance of this license agreement and warranty.

Subject to the terms of this Agreement, Phonophilist grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Sound Effects Libraries in accordance with this Agreement and any other written agreement with Phonophilist. Phonophilist does not transfer the title of Sound Effects Libraries to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Phonophilist.com and the purchasers or users of Sound Effects Libraries. If you do not agree to be bound by this agreement, do not use Phonophilist Sound Effects Library. Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the Phonophilist Sound Effects Library. 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 Phonophilist.

Sound Effects Libraries and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of Sound Effects Libraries contact Phonophilist.

USER AGREEMENT

Your license to use Sound Effects Libraries is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of Sound Effects Libraries. All Sound Effects Libraries are licensed, but not sold, to you by Phonophilist, for commercial
and non-­commercial use in music, sound-­effect, audio/video post-­production, performance,
broadcast or similar finished content-­creation and production use. The license includes the non-­exclusive right to combine the Sound Effects Library you’ve purchased for commercial recordings without paying any additional license fees or providing source attribution to
Phonophilist.

You shall use Sound Effects Libraries in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of Sound Effects Libraries together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.

Each licensed copy of Sound Effects Libraries may be used on one single computer location by one user. Use of Sound Effects Libraries means that you have loaded, installed, or run Sound Effects Libraries on a computer or similar device. If you install Sound Effects Libraries onto a multi-user platform, server or network, each and every individual user of Sound Effects Libraries must be licensed separately. The licence for Sound Effects Libraries is granted only to a single user. If you want to purchase a multiuser license, please contact Phonophilist.

You may make one copy of Sound Effects Libraries for backup purposes, providing you only have one copy installed on one computer being used by one person. Other users may not use your copy of Sound Effects Libraries . The assignment, sublicense, networking, sale, or distribution of copies of Sound Effects Libraries are strictly forbidden without the prior written consent of Phonophilist.com. It is a violation of this agreement to assign, sell, resell, share, loan, rent, lease, borrow, network or transfer the use of Sound Effects Libraries. If any person other than yourself uses Sound Effects Libraries registered in your name, regardless of whether it is at the same time or different times, then this agreement is being violated and you are responsible for that violation!

Phonophilist.com retains sole and exclusive ownership of all right, title and interest in and to Sound Libraries and all Intellectual Property rights relating thereto.

Copyright law and international copyright treaty provisions protect all parts of Sound Effects Libraries. No sound files in WAV format or documentation may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Phonophilist.

Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Sound Effects Libraries and destroy all copies of Sound Effects Libraries supplied under this Agreement. The financial obligations incurred by you shall survive the expiration or termination of this license.

In no event (including, without limitation, in the event of negligence) will Phonophilist , its employees for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Sound Effects Libraries or the use or inability to use Sound Effects Libraries or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

Phonophilist does not accept returns. No refunds will be given for downloaded Sound Effects Libraries.

After payment has been received you will automatically get an email with download links to the
products purchased. Also, you can always find links to your purchases in your account at Phonophilist.com.

CONSENT OF USE OF DATA

You agree that Phonophilist may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Sound Effects Libraries. Phonophilist.com may also use this information to provide notices to you which may be of use or interest to you.