License
General Terms
The following terms and conditions or End-User Licence Agreement (EULA) constitute a legally binding Agreement between you (“LICENSEE”) and Rogue Waves (“LICENSOR”).
The content of “Rogue Waves” products includes the following: (i) source sound effects, (ii) designed sound effects and (iii) and any “online”, printed or electronic documentation (altogether: “LIBRARY CONTENT”). By downloading, licensing, copying or otherwise using the LIBRARY CONTENT, you acknowledge that you have read the terms of this Agreement, understand them and agree to be bound by these terms.
Grant of License
In consideration of the license fee (“LICENSE FEE”) you paid, Rogue Waves grants a
“LICENSE” to you (subject to the transfer limitations herein).
The LICENSOR grants to the LICENSEE a lifetime non-transferable and non-exclusive royalty-
free license to use the LIBRARY CONTENT anywhere in the world. The LICENSE includes mechanical, synchronisation, public performance and broadcast rights.
Rights Granted
Mechanical Rights
The right to re-record, duplicate and release the LIBRARY CONTENT as part of your product/
production in whatever medium you choose (i.e. film, video game, TV Commercial, radio
Commercial, CD, DVD, podcast, audiobooks). This does not include the right to resell the
LIBRARY CONTENT as a standalone product in whole or in parts.
Synchronisation Rights
The right to use the LIBRARY CONTENT as a soundtrack “synced” with visual images, or
sounds as part of your production/product.
Public Performance Broadcast Rights
The LICENSOR grants the LICENSEE the nonexclusive right to use the purchased LIBRARY
CONTENT as part of a public performance or viewing of their productions, including but not
limited to videos, video games, films, dvd, television, podcasts, radio, web sites, and multimedia
presentations.
Limited Rights
The LIBRARY CONTENT is licensed to LICENSEE, not sold. All rights to use the LIBRARY
CONTENT are limited by and are solely as expressly set forth in this Agreement. Any reference
herein to the sale or price of any LIBRARY CONTENT or copy thereof, refers to the applicable
license fee. No property, ownership or real right or interest in any LIBRARY CONTENT, or any
component thereof, is granted, assigned, conveyed, transferred or sold to LICENSEE by virtue
of this Agreement or otherwise.
Restriction on Uses
This license expressly forbids any unauthorised inclusion of the LIBRARY CONTENT in any
library (e.g. sound effects library, sample instrument, etc.) offline or online without the
LICENSOR’s express written consent.
The LICENSE also forbids any re-distribution method of the LIBRARY CONTENT, through any
means, including but not limited to, re-selling, trading, sharing, resampling, mixing, processing,
or embedding into software or hardware of any kind, for the purpose of re-recording or
reproduction as part of any free or commercial library of musical and/or sound effect samples
and/or articulations, or any form of musical sample or sound effect sample playback system or
device.
Payment & Shipping
After payment has been received you will receive an email with download links to the products
purchased.
International customers agree to be responsible for any import duties or taxes.
Refunds
Downloaded libraries cannot be returned and as such cannot be refunded. In exceptional cases
we may provide refunds at our discretion. Be aware that once a library is downloaded it cannot
be returned.
Representation
Rogue Waves owns the rights represented herein with respect to the LIBRARY CONTENT that
are subject to this agreement.
Indemnity
The LICENSOR has and will hold throughout the Territory and during the Term the above listed
rights to exploit the LIBRARY CONTENT as set forth herein. The LICENSOR shall indemnify
and hold the LICENSEE harmless from any and all claims, liabilities and costs, losses, damages
or expenses (excluding legal fees) arising out of any breach of these representations.
The LICENSEE will indemnify the LICENSOR from, and against any and all claims, demands,
suits, damages, liabilities and all reasonable expenses, including legal fees incurred by the
LICENSOR with respect to any matter that arises as a result of a breach of this agreement by
the LICENSEE.
Governing Law
This agreement will be governed by the laws of the Republic of Ireland. All legal action must be
filed in the Republic of Ireland.
Liabilities
Rogue Waves is not liable for any damages or loss of business (including, without limitation,
damages for loss of business profits, business interruption, loss of business information, or any
other pecuniary loss) resulting directly or indirectly from the performance of any Library or
Sound.
Violation
In the event of a breach or violation of this agreement, Legal action may be taken against theLICENSEE by the LICENSOR.