THE FOLLOWING TERMS AND CONDITIONS CONSTITUTE A LEGALLY BINDING LICENSE AGREEMENT ("LICENSE AGREEMENT") BETWEEN YOU ("YOU", "YOUR" OR "LICENSEE") AND FINNOLIA PRODUCTIONS INC ("LICENSOR", "WE", "OUR"). BY PURCHASING THE PRO SOUND PACK, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
1. Grant of License
Upon purchase of the Pro Sound Pack (www.prosoundpack.com), Licensor grants you a worldwide, royalty-free, non-exclusive, non-transferable, perpetual (for the duration of the applicable copyright) license to use the Sound Effects included in the Pro Sound Pack solely in accordance with the terms and conditions of this License Agreement.
2. Rights Granted
The license granted in this License Agreement allows you to:
a. Use the Sound Effects royalty free as part of your media productions, whether commercial or not, such as:
· Film or Video Productions
· TV Programs
· YouTube or Internet Videos
· Corporate Videos
· Training Videos
· Video Trailers
· Instructional DVDs
· Multimedia Projects
· Photo and Video Slideshows
· iPhone or iPad Apps
· Smartphone Apps
· Computer or Video Games
· Interactive Guides
· Radio Shows
· Radio and Podcast Commercials
· Audio Guides
· Live Performances
· Theatre Plays
· School and Church Plays
· Museum and Art Gallery Exhibitions
b. Publicly perform the Sound Effects as part of your media productions.
c. Use the Sound Effects on 3 computers that are used by you (e.g. work computer, laptop, and home computer). If you need a multi-user license (schools and educational establishments), please contact us for pricing info.
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats.
3. Restrictions of Uses
The license granted in Section 2 above is expressly made subject to and limited by the following restrictions:
a. You may not claim ownership or authorship of the Sound Effects represented under this License Agreement.
b. You may not sell, re-sell, license, re-license or give away the Sound Effects (as sound effects or ringtones) to anyone else.
c. You may not post the Sound Effects (as sound effects or ringtones) on any website for others to use.
d. You may not use the Sound Effects in songs or media templates that you will distribute or sell.
e. You may not use the Sound Effects in productions such as "soothing sounds", "relaxing music", "natural sounds", "sounds for sleep", etc.
f. You may not use the Sound Effects as a raw material to create sound effects or ringtones that you will sell, distribute or offer for downloading.
g. You may not distribute the Sound Effects in Apps that are clearly sound related and which primary value lies in the Sound Effects themselves, such as "sound effects app", "soothing sounds app", "instant sounds app", "funny sounds app", etc. Note: It's OK to use the Sound Effects in your App as background sounds, screen transitions, action or navigation sounds, etc. to enhance the experience of the user as long as the App is not clearly sound related.
h. You may not distribute the Sound Effects in Apps or computer programs that use the Sound Effects as the program's sound resource library for others to use (such as "virtual instrument software", "ringtone maker", "sound machine", "animation creator", "digital book creator", "sound effect generator", etc.).
i. While you are perfectly allowed use the Sound Effects in your internet videos, you may not post them as "sound effect videos" to any online video sharing sites. An example would be a video titled "fireworks sound effect" that simply plays our fireworks sound effect or a video titled "relaxing rain" or "2 hours of relaxing rain" that plays a rain sound effect.
The Sound Effects included in the Pro Sound Pack are owned and copyrighted by Finnolia Productions Inc and protected under the copyright laws, international treaty provisions and other applicable laws. The sound effects are licensed to you, not sold, pursuant to the terms of this License Agreement. No title or intellectual property right is transferred to you. This means that you can use the Sound Effects royalty free in your projects but do not own the actual copyright. Licensor retain all ownership rights to the Sound Effects.
This license and the rights granted hereunder will terminate automatically upon any breach by you of the terms of this License Agreement. In such an event, you will be required to destroy all copies of our Sound Effects.
6. Representations, Warranties and Disclaimer
Unless otherwise mutually agreed to by the parties in writing, Licensor offers the work as-is and makes no representations or warranties of any kind concerning the work, express, implied, statutory or otherwise, including, without limitation, warranties of title, merchantibility, fitness for a particular purpose, noninfringement, or the absence of latent or other defects, accuracy, or the presence of absence of errors, whether or not discoverable. Some jurisdictions do not allow the exclusion of implied warranties, so such exclusion may not apply to you.
7. Limitation on Liability
Except to the extent required by applicable law, in no event will Licensor be liable to you on any legal theory for any special, incidental, consequential, punitive or exemplary damages arising out of this license or the use of the work, even if Licensor has been advised of the possibility of such damages.
a. If any provision of this License Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License Agreement, and without further action by the parties to this License Agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
b. No term or provision of this License Agreement shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
c. This License Agreement constitutes the entire agreement between the parties with respect to the Sound Effects licensed here. There are no understandings, agreements or representations with respect to the Sound Effects not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from you.
d. Licensor may include Licensee's company name and logo on its client lists on Licensor's web site (www.finnolia.com) provided no representation, express or implied, is or will be made as to Licensee's opinion of Licensor's products and/or services.
e. This License Agreement shall be governed by the laws of Finland and the parties irrevocably submit to the exclusive jurisdiction of the Courts of Finland.
9. Contact Information
If you have questions about this License Agreement, please contact:
Finnolia Productions Inc
00810 Helsinki, Finland
Email: email [at] finnolia.com
Phone: +358 45 128 5301
Or use our online contact form to send us a message.