THE RECORDIST END USER LICENSE AGREEMENT
LICENSOR’S 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, A DIVISION OF CREATIVE SOUND DESIGN (“CSD”). PLEASE READ THE TERMS CAREFULLY BEFORE CLICKING ON THE "ADD TO CART" BUTTON AND DOWNLOADING THE SOUND RECORDINGS OR ORDERING A COPY ON CD-ROM. BY CLICKING ON THE "ADD TO CART" BUTTON, YOU (THE PURCHASER) ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST CLICK ON THE "CANCEL" BUTTON TO DISCONTINUE THE DOWNLOAD OR ORDERING PROCESS.
Upon your acceptance of this Agreement and payment for the downloaded content (“Recordings”), and subject to its
terms and conditions, you are granted an End User License, which includes the right to combine the Recordings with
graphics, video, or sound elements to create any media product/production provided that it is clear and distinct from
a Recording itself. This includes a media product/production for film, web, multimedia, podcasting, embedding in
video games and most other applications. You can use it over and over, in as many projects as you see fit, for life.
The End User License includes:
1. Mechanical rights
The right to re-record, duplicate and release the Recording as part of your product/production in whatever medium
you choose (i.e. video tape, film, CD ROM, DVD, digital formats).
2. Synchronization rights
The right to use the Recording as a soundtrack "synced" with visual images, or sounds as part of your
product/production.
3. Public Performance Broadcast rights
The right to use the Recording as part of the public viewing or broadcast of your product/production, including but
not limited to videos, dvds, web sites, podcasts, multimedia presentations, films, television, and radio.
REPRESENTATION
Except as expressly set forth herein, Licensor hereby disclaims any and all representations and warranties, express
or implied, including without limitation, any implied warranties of title, non-infringement, merchantability or fitness
for any particular purpose.
YOU THE PURCHASER MAY:
1. Use the Recordings (as part of your product/production) for your lifetime, within different or various works or
projects as you see fit.
2. Publicly perform the Recordings (as part of your product/production) over any public or private medium that
complies with FCC guidelines.
3. Transfer the Recordings to any medium necessary (video, film, reel to reel, digital, etc.) to complete your
product/production and distribute it.
4. For audio-only projects you must combine the sound recordings with other audio elements so that your
product/production is "substantially different" from the Recording itself. If you have any questions about your
particular usage please contact us.
5. Use the Recordings for any visual productions (film, video, tv, etc.) in their entire length and these productions
may be duplicated without restriction.
LIMITATIONS
The Recordings may not be resold as part of other music or audio-related collections, in part or in whole. They may
not be used or resold as a commodity except as part of a media production that is clearly unique and distinct from
the track itself. Recordings may not be copied or duplicated except for use in the licensee's productions and must
only be used by the person to whom the license was given. 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 PURCHASER MAY NOT:
1. Claim ownership or authorship of the Recordings represented under this Agreement.
2. Transfer, share or sub-lease this license agreement with any other party.
3. Sell the Recordings contained herein outright to any other individual or party. (Although the Recordings can be
sold as part of your product/production.)
TERM
This Agreement is effective for the lifetime of the purchaser.
INDEMNIFICATION/REMEDIES
Purchaser will indemnify, save, and hold harmless Licensor from and against any and all 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 purchaser. No failure or delay on the part of Licensor in exercising any right, power or
remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any such right,
power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or
remedy hereunder, including injunctive relief. The remedies herein provided are cumulative and not exclusive
of any other remedies provided by law. In the event of any claim by you arising in any way out of this
Agreement and based upon any theory of liability, Licensor’s cumulative liability to you shall be limited to
amounts actually paid by you to Licensor for the Recordings and in no event more than the amount paid by you
in the preceding twelve (12) months.
TERRITORY
The world.
This is a legal agreement between you, the end user, and CSD. Purchasing and use of any recordings from CSD or
its authorized distributors via any means constitutes acceptance of these terms. This Agreement and any agreement
with any authorized reseller of THE products constitute the entire agreements with respect to the Recordings, your
purchase of same and the use thereof.
Copyright Notice:
This site is owned and operated by The Recordist/Creative Sound Design.
Warning: These sound effects are owned by Creative Sound Design, or were produced and made available under license. All rights reserved. Unauthorized duplication is a violation of applicable federal laws. Sound effects and animation may not be re-recorded, duplicated or resold without the express written consent of Creative Sound Design.
© 2009 Creative Sound Design. © 2009 The Recordist.
Download a copy of the EULA Agreement.
Contact The Recordist if you have any questions: sound@therecordist.com.