This document is an End-User License Agreement (EULA) applying for any IX Sound Pte Ltd product. Herein the interpretation of singular words includes the plural and vice versa, gendered words include all genders. It is important to read all the terms and conditions carefully before any purchase or use.
1. AGREEMENT AND ACCEPTANCE
The following terms and conditions or EULA constitutes a legally binding Agreement (the “AGREEMENT”) between IX Sound Pte Ltd(“LICENSOR”) and YOU (either an individual or a single entity, “LICENSEE”).
This agreement is applicable for the products of the LICENSOR which includes the following (i) any sound recording, (ii) source sound files, (iii) designed sound effects, (iv) music, (v) songs, (vi) software, and any “online” or electronic documentation (individually, and collectively: the “IX-CONTENT”).
Please read this agreement carefully before using or purchasing any IX-CONTENT.
By downloading, purchasing or otherwise using all or any portion of the IX-CONTENT, you acknowledge that you have read the terms of this AGREEMENT, understand them and agree to be bound by this agreement. If you do not fully agree to this EULA or do not wish to be bound by this agreement, do not use, download, purchase or store any of the IX-CONTENT, or use in any other manner not specifically noted herein.
The IX-CONTENT must be purchased directly from the LICENSOR or one of its authorized distributors. Unauthorized resale of IX-CONTENT is prohibited.
Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the IX-CONTENT. The rights granted herein are non-transferable and have to be validated by proof of purchase. All rights not expressly granted to you hereunder are reserved by the LICENSOR.
2. IX-CONTENT LICENSE
In consideration of the license fee you paid (and for our Free Download packs), the LICENSOR grants you a “MEDIA LICENSE”. The MEDIA LICENSE for this product is granted to only a single user. If you want to purchase a multi user license, please contact the LICENSOR directly.
All CONTENT in this product is licensed, but not sold, to the LICENSEE by the LICENSOR. The LICENSOR grants the LICENSEE limited, personal, non-exclusive, non-transferrable, terminable, royalty free, worldwide right to use the IX-CONTENT for commercial or non-commercial use in music, sound-effect, audio/video post-production, performance, broadcast or similar finished content-creation and production use.
The MEDIA LICENSE includes:
1) Mechanical rights
The LICENSOR grants the LICENSEE the non-exclusive right to re-record, duplicate and release the IX-CONTENT as part of their or their clients’ product/production in whatever medium they choose (i.e. video tape, film, CD ROM, DVD, digital formats, 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. All such applications hereinafter referred to as “PRODUCT/PRODUCTION”). This does not include the right to resell the IX-CONTENT as a standalone product in whole or in parts.
2) Synchronization rights
The LICENSOR grants the LICENSEE the nonexclusive right to use the purchased IX-CONTENT as a soundtrack synchronized with visual images, sounds, games, or theatrical work as part of their or their clients’ PRODUCT/PRODUCTION.
3) Public Performance Broadcast rights
The LICENSOR grants the LICENSEE the non-exclusive right to use the IX-CONTENT as part of the public performance, viewing or broadcast of your product/production, including but not limited to videos, DVDs, blu-rays, web sites, podcasts,multimedia presentations, films, television, video games and radio.
3. LIMITATION OF LICENSE
This license expressly prohibits the resale, other distribution, or use of the IX-CONTENT or their derivatives in isolation, in any way or manner, except in accordance with a permitted use contained in this agreement.
This LICENSE expressly forbids any unauthorized inclusion of the IX-CONTENT in any library (e.g. sample instrument, sound effects library, etc.) online or offline without an express written consent of the LICENSOR.
The LICENSE also forbids any redistribution method of the IX-CONTENT, through any means, including but not limited to re-selling, licensing, trading, sharing, resampling, mixing, processing, isolating, 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.
The LICENSE granted in this Agreement is specific to the LICENSEE and limited to the PRODUCT/PRODUCTION and as such does not permit LICENSEE to make copies of any of the unsynchronized recordings contained in the IX-CONTENT or within LICENSOR’s royalty free products, except as may be designated to the specific number of workstations LICENSEE has paid for, for the sole purpose of specific audio and /or visual synchronization into LICENSEE’s Products.
The LICENSEE is not allowed to provide remote access to unsynchronized IX-CONTENT to any user except the LICENSEE.
It is strictly forbidden for the LICENSEE to claim ownership or authorship of the Sounds of the IX-CONTENT represented under this Agreement; or permit LICENSEE to transfer, share or sub-lease this Agreement with any other party. The LICENCE does not permit to sell, give away or otherwise dispose any storage media containing any element of the IX-CONTENT, including, but not limited to, computers, hard disk drives, CD’s or DVD’s, unless or until all IX-CONTENT has been permanently deleted from such storage media or such storage media has been permanently destroyed.
Any visual or graphical elements contained in the IX-CONTENT, including graphics, photos, logos, videos, and communication assets, may not be used in any other way than information and documentation and thus is not authorized to be part of any PRODUCT/PRODUCTION without the consent of the LICENSOR.
For clarity, this license is only for you, the original user or purchaser, and you cannot sell, give away, rent, lease, sublicense, distribute, transfer, copy, reproduce, display, perform, modify, dismantle, share, or otherwise use the IX-CONTENT in any musical and/or sound effect library or other kind of sample library or virtual instrument product. The LICENSOR owns and remains owner of the IX-CONTENT (including any copies). All rights that the LICENSOR does not expressly grant in this agreement are reserved.
4. TERMS OF TERMINATION
This agreement shall begin from the date you use, download, or purchase the IX-CONTENT, and will remain in effect until termination. This agreement will be terminated if you breach any of the stated terms found within this document in any way whatsoever.
In the event of a breach of this agreement, action may be taken against the LICENSEE by the LICENSOR, the owner of the copyrighted materials, or its successor in interest.
The LICENSOR may terminate this EULA without any notice if the LICENSEE fails to comply with the terms and conditions of this EULA. In such an event, the LICENSEE must destroy all copies of the IX-CONTENT and all of its component parts.
5. REFUND POLICY
You agree and acknowledge that all payments you make for IX’s IX-CONTENT are non-refundable and therefore no refunds shall be granted in the case of a termination of this agreement.
6. DISCLAIMERS AND LIMITATION OF LIABILITY
You agree and acknowledge that use of the IX-CONTENT is at your sole risk, and the IX-CONTENT may include elements which diverge from propriety (e.g. sample imperfection, and other limitations found within the audio). IX Sound Pte Ltd. is not obligated to provide you with any support in connection with the actual IX-CONTENT themselves. If the LICENSOR is ever found liable for any reason in connection with this agreement, you understand and agree that the aggregate liability for all claims shall not be more than the amount you paid for IX’s virtual instruments.
The LICENSEE will indemnify and hold harmless the LICENSOR from and against any and all claims,damages, suits, demands, liabilities, loss and all reasonable expenses (including reasonable legal fees, court costs, and expert fees) with respect to any matter that arises as a result of any breach of this Agreement by the LICENSEE.
The validity, construction, and performance of this agreement shall be governed and construed in accordance with the laws of the Republic of Singapore, without giving effect to any conflict of laws provisions. The state courts located in Singapore shall have sole and exclusive jurisdiction over any disputes arising under the terms of this agreement. In the event of a dispute, the prevailing party shall be entitled to the reasonable cost of attorneys’ fees in connection therewith. If any provision of this agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and remain in effect.
Should you have any queries concerning this EULA, please contact us here: firstname.lastname@example.org