License Agreement for Users of TONSTURM Sound Effects Sample Libraries (“Samples”)
This License Agreement governs the legal relationship between you, the purchaser (hereafter referred to as “the Customer”) of TONSTURM Sound Effects Sample Libraries, and TONSTURM Hahn & Klotzsch GbR (hereafter referred to as “TONSTURM”).
TONSTURM offers digital goods and services, mainly in the form of Sound Effects Sample Libraries (hereafter referred to as “Samples”), from its website, www.tonsturm.com. which can be downloaded after paying a license fee.
The Customer’s use of these Samples is subject to agreeing to the conditions in this License Agreement. By downloading, installing, or using the Samples in any other way, the Customer agrees to be legally bound by the terms of this License Agreement.
The Samples may be used for the Customer’s own productions (for example: motion picture or television productions, computer and video games, theater productions, radio plays, websites, etc.), hereafter referred to as “Projects”.
This License Agreement includes
1. Mechanical Rights: The right to re-record, duplicate, and release the Samples as part of the Customer’s Project in whatever media the Customer chooses (video, film, digital formats, etc.)
2. Synchronization Rights: The right to use the Samples as a soundtrack “synced” with visual images, or sounds as part of the Customer’s Project.
3. Public Performance and Broadcast Rights: The right to use the Samples as part of the public viewing or broadcast of the Customer’s Project, including, but not limited to films, television, DVDs, Blue-Ray Disks, websites, podcasts, multimedia productions, and radio.
Limits of Use
This License Agreement excludes any isolated and/or independent use of the Samples. The license granted in this Agreement is personal to you, and limited to a Project.
TONSTURM only licenses the use of the Samples it provides; it retains full rights concerning the Samples. The use of the Samples for the creation of a sound library or audio samples or for any sample-based product — even if modified — is strictly prohibited. In addition, the Samples may not be repackaged in whole or part as sample libraries or audio samples or digital instrument patches or any other product, without the prior written permission of TONSTURM.
Further you are not allowed to claim authorship of the samples Limits of Liability.
You shall indemnify Licensor from, and against any and all claims, demands, suits, awards, damages, suits, injuries, liabilities and all reasonable expenses, including attorneys fees incurred by Licensor with respect to any matter that arises as a result of a breach of this Agreement by you. Licensor shall not have the right to enjoin the use of the Sounds or to rescind any rights granted to Licensee hereunder.
Licensor will defend, indemnify and hold harmless Licensee and its affiliated, related or subsidiary companies and its and/or their employees, directors, officers, agents, shareholders, successors, assigns or licensees from and against any and all losses, costs, damages, expenses (including reasonable attorneys’ fees) and other liabilities arising from a claim, demand, action or suit alleging that the Sounds infringe a third party’s copyright, trademarks or patents and shall pay all damages, fees, and costs finally awarded against Licensee and its affiliated, related or subsidiary companies, entities or divisions and its and/or their respective employees, directors, officers, agents, shareholders, successors, assigns or licensees in such action or any settlement thereof.
This License Agreement contains the entire agreement between TONSTURM and the Customer regarding the licensing, use, and liability limitations related to the use of TONSTURM products, in particular the aforementioned Samples.
No part of this License Agreement may be amended, altered, modified, or waived in any way except in writing, specifying such an amendment, alteration, modification, or waiver, executed by both TONSTURM and the Customer. If any part of this License Agreement is deemed contrary to law or partially or entirely void in any way by any law or court of law, then the remaining provisions of the License Agreement will remain in full force and effect.