END USER LICENSE AGREEMENT (EULA) FOR EBBTIDE SOUND LLC
This agreement (“Agreement") made between Users who purchase an Ebbtide Sound LLC product (“Customer(s),” “User(s)”), and Laura Giannone ("Licensor,” “Ebbtide Sound LLC”) being the owner of rights in the master recording ("Ebbtide Sound Product(s)," “Ebbtide Sound Libraries”) described below do hereby set forth the following agreements:
LICENSE:
Licensor, as owner of rights to Ebbtide Sound Products, grants a license to User to have the non-exclusive right to use Ebbtide Sound Products in User’s media works and for synchronizing Ebbtide Sound Products with the action in the User’s media works for distribution the World (“Territory”).
This license is for an individual only, licenses for multiple users are not available. Each individual User must purchase their own licensed download.
Customers of Ebbtide Sound LLC who purchase an Ebbtide Sound product agree to the following terms, conditions, and limitations of use contained in this agreement. Buying a download or other Ebbtide Sound LLC product is buying a license to use copyrighted sound recordings from Ebbtide Sound LLC.
This license is nontransferable: it cannot be sold or given to another individual or entity. It is not allowed to share the rights to use the sound recordings with other individuals. Resale of Ebbtide Sound LLC products is prohibited. Ebbtide Sound LLC products cannot be sold, given away, loaned, or shared, in whole or part to anyone other than the individual User who purchased the license.
ALLOWED USES
Ebbtide Sound LLC agrees the User who purchased the license has the conditional right to use all or a portion of the licensed sound recordings in the User’s own products without royalty payments. The sounds licensed under this agreement may be copied or modified for use in User’s product, provided that the User’s product contains other media such as voice recordings, music, film, etc. Examples of allowed uses are podcasts, television shows, film soundtracks, music albums, advertising, video games and other similar mixed media formats.
PROHIBITED USES
Ebbtide Sound Products may not be used in any product that contains majority (over 50%) nature recordings. Prohibited products include nature soundscape albums, radio programs or podcasts consisting of only nature sounds, nature videos without voice, and any use that solely reproduces Ebbtide Sound Products or uses majority nature sounds.
WARRANTY
Ebbtide Sound LLC holds all rights to Ebbtide Sound Products.
LICENSE TERM
User’s lifetime.
DUPLICATION AND STORAGE
User may transfer the licensed Ebbtide Sound Products to two local hard drives and to a backup hard drive. This license does not allow User to upload to a server or make copies available to others.
VIOLATION OF EULA
Ebbtide Sound LLC will pursue legal action in the event a User violates this agreement, or infringes on Ebbtide Sound LLC’s copyright. User agrees that any court action to enforce the terms of this agreement will occur in the current state and county of the registered home office of Ebbtide Sound LLC.
LIABILITY
Ebbtide Sound LLC is not responsible for any loss of business or business profits resulting directly or indirectly from the use of any Ebbtide Sound LLC Product.