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 the LICENSEE by the LICENSOR.