THE RECORDIST END USER LICENSE AGREEMENT
The following terms and conditions constitute a legally binding agreement (“Agreement”) between you (the purchaser, as “You” or “LICENSEE”) and The Recordist/Creative Sound Design, LLC (“The Recordist” or “Licensor”). Please read the terms carefully before purchasing the sound RECORDINGS. By purchasing, you (the purchaser) acknowledge that you have read this agreement, understand it and agree to be bound by its terms and conditions.
Upon your acceptance of this Agreement and payment for the downloaded content (“RECORDINGS”), and subject to its terms and conditions, you are granted a non-exclusive royalty free Media License, which includes the right to combine the RECORDINGS with graphics, video, or sound elements to create any media product/production. This includes a media product/production for film, web, multimedia, podcasting, embedding in video games and most other applications. The Media License for the RECORDINGS is granted only to a single user. If you want to purchase a multiuser license, please contact The Recordist directly. You can use it over and over, in as many projects as you see fit, in perpetuity. All rights not expressly granted herein are reserved.
The license includes:
1. Mechanical rights
The right to re-record, duplicate and release the Recording as part of your or your clients’ product/production in whatever medium you choose (i.e. video, film, CD-ROM, BLU-RAY, DVD & TV productions, interactive programs & computer games, radio presentations & commercials, television programs & commercials, live performances, speech & audio book products, Web pages & multimedia presentations, PowerPoint & Flash productions, AV & computer generated displays, podcasts, digital formats). All such applications hereinafter referred to as “product/production”, no additional clearances or paperwork are required.
2. Synchronization rights
The right to use the Recording as a soundtrack “synced” with visual images, or sounds as part of your or your clients’ product/production, no additional clearances or paperwork are required.
3. Public Performance Broadcast rights
The right to use the Recording as part of the public viewing or broadcast of your or your clients’ product/production, including but not limited to videos, dvd, blu-ray, web sites, podcasts, multimedia presentations, video games, films, television, and radio, no additional clearances or paperwork are required.
YOU THE LICENSEE MAY:
1. Use the RECORDINGS (as part of your or your clients’ product/production) in perpetuity, within different or various works or projects as you see fit.
2. Publicly perform the RECORDINGS (as part of your or your clients’ product/production) over any public or private medium.
3. Transfer the RECORDINGS to any medium necessary (video, film, reel to reel, digital, etc.) to complete your or your clients’ product/production and distribute it.
4. Use the RECORDINGS for any visual productions (film, video, tv, etc.) in their entire length and these productions may be duplicated without restriction.
5. Use the RECORDINGS as individual sound assets in video games, online games, etc or multimedia projects, across any platform(s)
The Recordist protects its copyright by all necessary means, including legal action. RECORDINGS may not be copied or duplicated except for use in the LICENSEE’s or LICENSEE’s clients’ productions and any advertising, promotions, or trailers associated therewith and must only be used by LICENSEE and LICENSEE’s contractors, consultants and clients. Except as otherwise set forth herein, tracks may not be traded or exploited for profit or any other reason. Licensor maintains all intellectual property rights with regard to the marketing and sales of all Recording tracks and any infringement thereof is punishable by law.
YOU THE LICENSEE MAY NOT:
1. Claim ownership or authorship of the RECORDINGS represented under this Agreement.
2. Assign, transfer, share, rent or sub-lease this Agreement with any other party except as otherwise provided in this Agreement.
3. Provide remote access to unsynchronized The Recordist RECORDINGS to any user except the LICENSEE.
4. Sell the The Recordist RECORDINGS contained herein outright on a stand-alone basis to any other individual or party. (Although the RECORDINGS can be sold as part of your or your clients’ product/production.)
5. Transfer, re-record, copy or duplicate any The Recordist RECORDINGS on a stand-alone basis for any purpose not authorized under the terms of this Agreement.
6. Except as otherwise provided in this Agreement, copy, duplicate, provide access to, sell, lease, loan or give away unsynchronized The Recordist RECORDINGS by any means including the World Wide Web, streaming audio or any delivery method now known or which shall become known.
7. Sell or otherwise dispose of computers, hard drives or discs or any other electronic storage media which contain The Recordist RECORDINGS, unless all the The Recordist RECORDINGS have been deleted. All The Recordist RECORDINGS maintained on any computers, hard drives, discs or any other electronic storage media must be deleted before the disposal, transfer or sale of any computer, hard drive or disc that contains The Recordist RECORDINGS.
This Agreement commences on the effective date of purchase and is effective in perpetuity.
The Recordist represents and warrants that your use of The Recordist royalty free sound products (including, without limitation, the RECORDINGS) in accordance with this license does not infringe on any third party property and / or proprietary rights. Creative Sound Design, LLC and The Recordist warrant that they are permitted to grant the rights set forth herein.
LICENSEE will indemnify, save, and hold harmless Licensor from and against any and all third party claims, demands, damages, suits, liabilities and all costs and expenses, including without limitation attorneys’ fees, against or suffered by Licensor with respect to any matter that arises as a result of a breach or alleged breach of this Agreement by the LICENSEE.
The Recordist accepts no liability for any loss of business, business profits or any other loss resulting directly or indirectly from the performance or use of any The Recordist RECORDINGS. The Recordist’s liability is limited and restricted solely to a replacement at no charge to LICENSEE of the The Recordist RECORDINGS licensed.
This License Agreement shall be construed and enforced in accordance with the laws of the State of Idaho, United States of America. You agree that the exclusive jurisdiction for any action relating to this License Agreement will be in the federal or state courts with jurisdiction encompassing the State of Idaho and you hereby consent to such jurisdiction.
This is a legal agreement between you, the end user, and The Recordist/Creative Sound Design, LLC. Purchasing and use of any RECORDINGS from The Recordist/Creative Sound Design, LLC via any means constitutes acceptance of these terms.
Download a PDF copy of the EULA Agreement.
CONTACT THE RECORDIST IF YOU HAVE QUESTIONS: firstname.lastname@example.org
http://therecordist.com – Rev.5 2-28-14
Creative Sound Design, LLC. All Rights Reserved.