SWISHSWOOSH END-USER LICENSE AGREEMENT
SWISHSWOOSH LTD. PERSONAL LICENSE AGREEMENT
Parties and Introduction
1.1The terms set forth in this SwishSwoosh LTD. Personal License Agreement (this"Agreement") apply to the use of the digital products offered bySwishSwoosh LTD. (the "Company") which includes, but not limited to,the following: (i) Sound FX, (ii) Music, (iii) Audio Software, and (iv) Kontakt Libraries (altogether: “Products”).The customers of theCompany are any parties, companies or individuals who want to purchase such asset licenses for usage in any type of media production (hereinafter referred to as: “Licensee”).
1.2 By purchasing and using the Products, Licensee agrees to be legally bound by this Agreement. TheProducts are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The rights granted herein are non-transferable and must be validated by proof of purchase.
License Grant
2.1The license granted under this Agreement is for the use of the Products for the following purposes:
SoundFX and Music may be used by a single user with no restriction on the number of end products, whether that end product is a musical composition, film, video game, or other audio-visual or audio-only production.
AudioSoftware can be installed and used on one computer and its license is limited to the person who purchased it, and cannot be shared.
Licensee may transfer the licensed audio files to one local hard drive and also make one additional backup copy for personal use. This license does not allow Licensee to upload to a server or make copies available to other un-licensed users.
Kontakt Libraries are licensed to be used only with Native Instruments Kontakt and they can be installed on one computer and the license is limited to the person who purchased it, and cannot be shared. Please note that the use of Kontakt Libraries is subject to the terms of the license agreement provided by NativeInstruments and it is the responsibility of the Licensee to comply with such terms and conditions.
Restrictions
3.1The Products may not be sublicensed, resold, or shared, and can only be used by the company or organization that purchased the license.
3.2The Products may not be used in a logo, trademark or service mark.
3.3The license granted under this Agreement does not cover the usage of Sound FX and Music in advertisements or productions that promote and/or integrate products and/or services of a corporate brand/entity, whether it is published within paid media space, such as but not limited to online pre/mid/post-rolls, or intended to be uploaded or embedded on third party channels or websites.Licensee also has no right to use Sound FX and Music in any production that is produced for the purpose to be used, licensed, sold or in any other way exploited by any third party. If you need a license to use our Sound FX and Music in a concept defined in this clause, please contact us at contact@swish-swoosh.com
3.4The license granted under this Agreement does not cover the resale or distribution of the Products as standalone products, or in any other way that allows others to use or exploit the Products. A DEVELOPER LICENSE is required for those who want to use our SoundFX in their own product, such as KONTAKT instruments, VST plugins, audio apps, trailer templates, or sound FX libraries.This type of license requires a small share in the product. Contact us atcontact@swish-swoosh.com for more information.
3.5The Products cannot be used in a manner that is illegal or in violation of any laws or regulations.
3.6Any breach of this Agreement will result in immediate termination of thelicense and all rights granted under this Agreement.
Ownership and Intellectual Property Rights
4.1The Company holds all copyrights and intellectual property rights in and to theProducts. None of the Products are administered by any collecting society byway of membership of a collecting society.
4.2Licensee hereby acknowledges that Licensee does not acquire any proprietary rights as a result of this Agreement in relation to any Products. The Products are the sole property of the Company.
Payment
5.1The license fee for the Products is paid at the time of purchase and is non-refundable. Refunds for downloaded libraries may be considered on a case-by-case basis at our discretion. However, please note that due to the nature of digital downloads, we are unable to accept returns and therefore may not be able to issue a refund once the library has been downloaded.
Term and Termination
6.1This Agreement shall enter into force upon Licensee’s acceptance of the terms set forth herein and shall remain in effect until terminated by either party.
6.2The Company may terminate this Agreement at any time in the event of Licensee’s actual or suspected unauthorized use of the Products or non-compliance with the provisions set forth in this Agreement.
6.3Upon termination of this Agreement, Licensee shall cease all use of theProducts and shall return to the Company, or otherwise destroy or remove from any storage, any and all copies of the Products.
Disclaimer of Warranties
7.1 TheProducts are provided "as is" and the Company makes no representations or warranties of any kind, express or implied, as to theProducts or their use.
7.2The Company specifically disclaims any implied warranties of merchantability or fitness for a particular purpose.
Limitation of Liability
8.1 In no event shall the Company be liable for any damages whatsoever, including but not limited to direct, indirect, special, incidental, or consequential damages, arising out of or in connection with the use or inability to use the Products.
Entire Agreement
9.1This Agreement contains the entire understanding of the parties regarding the subject matter and supersedes all prior agreements, understandings, and negotiations, whether oral or written, relating to the subject matter.
Governing Law
10.1This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the Company is incorporated, without giving effect to any principles of conflicts of law.
Severability
11.1If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Waiver
12.1The failure of either party to enforce any provision of this Agreement shall not be deemed a waiver of future enforcement of that or any other provision.
Contact Information
13.1If you have any questions about this Agreement, or if you wish to request any information from the Company, please contact us at contact@swish-swoosh.com.
Acceptance of Agreement
14.1You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Products you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not granted any rights to use the Products and you should not use theProducts."
15.1The Company reserves the right to make changes to this Agreement at any time without prior notice. Any changes made to this Agreement will be effective immediately upon posting on the Company's website (or otherwise made available to you). Your continued use of the Products constitutes your agreement to and acceptance of any such changes.
SWISHSWOOSH LTD. MULTI-USER END-USER LICENSEAGREEMENT
Parties and Introduction
1.1The terms set forth in this SwishSwoosh LTD. Multi-User End-User LicenseAgreement (this "Agreement") apply to the use of the digital products offered by SwishSwoosh LTD. (the "Company") which includes, but not limited to, the following: (i) Sound FX, (ii) Music, (iii) Audio Software, and(iv) Kontakt Libraries (altogether: “Products”). The customers of the Company are any parties, companies or individuals who want to purchase such asset licenses for usage in any type of media production(hereinafter referred to as: “Licensee”).
1.2 By purchasing and using the Products, Licensee agrees to be legally bound by this Agreement. The Products are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.The rights granted herein are non-transferable and must be validated by proof of purchase.
License Grant
2.1Subject to the terms and conditions of this Agreement, the Company hereby grants to Licensee anon-exclusive, non-transferable license to use the Products for the following purposes:
SoundFX and Music may be used by multiple users within the same company or organization with no restriction on the number of end products, whether that end product is a musical composition, film, video game, or other audio-visualor audio-only production. Number of users are defined by the number of purchased licenses.
Each licensee may transfer the licensed audio files to one local hard drive and also make one additional backup copy for personal use. This license does not allow Licensees to upload to a server or make copies available to other un-licensed users.
AudioSoftware can be installed and used on multiple computers within the same company or organization and the license is limited to the company or organization that purchased it and cannot be shared with external parties.Number of users are defined by the number of purchased licenses Kontakt Libraries are licensed to be used only with Native Instruments Kontakt and they can be installed on multiple computers within the same company or organization, and the license is limited to the company or organization that purchased it, and cannot be shared with external parties.
Please note that the use of Kontakt Libraries is subject to the terms of the license agreement provided by Native Instruments and it is the responsibility of theLicensee to comply with such terms and conditions.
Restrictions
3.1The Products may not be sublicensed, resold, or shared, and can only be used by the company or organization that purchased the license.
3.2The Products may not be used in a logo, trademark or service mark.
3.3The license granted under this Agreement does not cover the usage of Sound FX and Music in advertisements or productions that promote and/or integrate products and/or services of a corporate brand/entity, whether it is published within paid media space, such as but not limited to online pre/mid/post-rolls, or intended to be uploaded or embedded on third party channels or websites.Licensee also has no right to use Sound FX and Music in any production that is produced for the purpose to be used, licensed, sold or in any other way exploited by any third party. If you need a license to use our Sound FX and Music in a concept defined in this clause, please contact us at contact@swish-swoosh.com
3.4The license granted under this Agreement does not cover the resale or distribution of the Products as standalone products, or in any other way that allows others to use or exploit the Products. A DEVELOPER LICENSE is required for those who want to use our SoundFX in their own product, such as KONTAKT instruments, VST plugins, audio apps, trailer templates, or sound FX libraries.This type of license requires a small share in the product. Contact us atcontact@swish-swoosh.com for more information.
3.5 TheProducts cannot be used in a manner that is illegal or in violation of any laws or regulations.
3.6Any breach of this Agreement will result in immediate termination of thelicense and all rights granted under this Agreement.
Ownership and Intellectual Property Rights
4.1The Company holds all copyrights and intellectual property rights in and to theProducts. None of the Products are administered by any collecting society byway of membership of a collecting society.
4.2Licensee hereby acknowledges that Licensee does not acquire any proprietary rights as a result of this Agreement in relation to any Products. The Products are the sole property of the Company.
Payment
5.1The license fee for the Products is paid at the time of purchase and is non-refundable. Refunds for downloaded libraries may be considered on a case-by-case basis at our discretion. However, please note that due to the nature of digital downloads, we are unable to accept returns and therefore may not be able to issue a refund once the library has been downloaded.
Term and Termination
6.1This Agreement shall enter into force upon Licensee’s acceptance of the terms set forth herein and shall remain in effect until terminated by either party.
6.2The Company may terminate this Agreement at any time in the event of Licensee’s actual or suspected unauthorized use of the Products or non-compliance with the provisions set forth in thisAgreement.
6.3Upon termination of this Agreement, Licensee shall cease all use of theProducts and shall return to the Company, or otherwise destroy or remove from any storage, any and all copies of the Products.
Disclaimer of Warranties
7.1The Products are provided "as is" and the Company makes no representations or warranties of any kind, express or implied, as to theProducts or their use.
7.2The Company specifically disclaims any implied warranties of merchantability or fitness for a particular purpose.
Limitation of Liability
8.1 In no event shall the Company be liable for any damages whatsoever, including but not limited to direct, indirect, special, incidental, or consequential damages, arising out of or in connection with the use or inability to use the Products.
EntireAgreement
9.1This Agreement contains the entire understanding of the parties regarding the subject matter and supersedes all prior agreements, understandings, and negotiations, whether oral or written, relating to the subject matter.
GoverningLaw
10.1This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the Company is incorporated, without giving effect to any principles of conflicts of law.
Severability
11.1If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Waiver
12.1The failure of either party to enforce any provision of this Agreement shall not be deemed a waiver of future enforcement of that or any other provision.
Contact Information
13.1If you have any questions about this Agreement, or if you wish to request any information from the Company, please contact us at contact@swish-swoosh.com.
Acceptance of Agreement
14.1You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Products you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not granted any rights to use the Products and you should not use the Products."
15.1The Company reserves the right to make changes to this Agreement at any time without prior notice. Any changes made to this Agreement will be effective immediately upon posting on the Company's website (or otherwise made available to you). Your continued use of the Products constitutes your agreement to and acceptance of any such changes.