IMPORTANT-READ CAREFULLY: This BOOM Library End-User License Agreement (or "EULA") is a legal agreement between you (either an individual or a single entity) and BOOM Library GbR. ("BOOM Library") for the BOOM Library Audio Content you have licensed which includes the following: (i) designed sound effects, (ii) source sound files and (iii) any printed, "online" or electronic documentation (altogether: “CONTENT”). By licensing, copying or otherwise using the CONTENT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not use the CONTENT. Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the 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 BOOM Library.
GRANT OF LICENSE:
In consideration of the license fee you paid, BOOM Library grants a “MEDIA LICENSE” to you and your assigns (subject to the transfer limitations herein).
The MEDIA LICENSE for this product is granted only to a single user. If you want to purchase a multiuser license, please contact us directly.
All CONTENT in this product is licensed, but not sold, to you by BOOM Library. for commercial and 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 the non-exclusive right to combine the CONTENT you've purchased for commercial recordings without paying any additional license fees or providing source attribution to BOOM Library.
The MEDIA LICENSE includes:
1. Mechanical rights
The right to re-record, duplicate and release the CONTENT as part of your product/production in whatever medium you choose (i.e. video tape, film, CD ROM, DVD, digital formats). This does not include the right to resell the CONTENT as a standalone product in whole or in parts.
2. Synchronization rights
The right to use the CONTENT 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 CONTENT 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.
The MEDIA LICENSE is granted worldwide and unlimited in time.
This license expressly forbids any unauthorized inclusion of the CONTENT in any library (e.g. sample instrument, sound effects library, etc.) online or offline without our express written consent.
The MEDIA LICENSE also forbids any re-distribution method of the CONTENT, through any means, including but not limited to, re-selling, 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.
BOOM Library owns and controls the rights represented herein with respect to the CONTENT that are subject to this Agreement. BOOM Library has and will hold throughout the Territory and during the Term the above listed rights to exploit the CONTENT as set forth herein. BOOM Library shall indemnify and hold you harmless from any and all claims, liabilities and costs, losses, damages or expenses (excluding attorney’s fees) arising out of any breach of these representations.
LIABILITY FOR DAMAGES
BOOM Library is not liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use any BOOM Library product, even if BOOM Library has been advised of the possibility of such damages.
BOOM Library will not be responsible if the CONTENT does not fit your particular purpose. The CONTENT is licensed 'as is' without warranties of any kind. Any similarity to any other CONTENT is purely unintentional. BOOM Library cannot be held responsible for any direct, indirect, or consequential loss arising from the use of any sound samples and software licensed from this site in whatever form, or consequential loss arising from a delayed or lost shipment.
BOOM Library does not accept returns unless you have a defective product. Defective products will be exchanged for the same product for a period of 90 days. No refunds will be given for downloaded CONTENT.
PAYMENT & SHIPPING PROCESS
After payment has been received you will automatically get an email with download links to the products purchased. The download links are valid for 30 days after the purchase. If you purchase a boxed product it will be sent to you within 14 days after payment. If you choose the credit card payment option, your card will be debited immediately after the order has been fully placed.
INTERNATIONAL CUSTOMERS AGREE TO BE RESPONSIBLE FOR ANY IMPORT DUTIES OR TAXES. THESE ARE NOT INCLUDED IN OUR SHIPPING CHARGES.
Downloaded libraries can't be returned, so we can't provide refunds. We may choose do so at our own discretion,but please be aware that as soon as you've downloaded it, you can't return it.
This product uses two forms of non-destructive copy protection: user specific water marking combined with an online detection system, monitoring over 400 TV channels and 75 million website worldwide.
Users who try to get past the copy protection or otherwise violate the terms of this licensing agreement are subject to criminal and civil penalties and liable for monetary damages. Please respect our work and do not copy it. The more support we get from you, the more and the better products we will be able to release in the future.
QUIET PLANET PRODUCTS
LICENSE AGREEMENTBy purchasing this product you agreed below to the terms of this agreement, you agreed to the terms, conditions and limitations of use contained in this agreement. You purchased a license to use copyrighted audio files from Quiet Planet LLC. The rights associated with this license are available to you only. The license is nontransferable, which means you cannot sell or give another individual or entity the right to use the audio file. Unauthorized resale of Quiet Planet LLC audio products is prohibited. You may not sell, lend, or giveaway, any of the licensed audio files, in whole, part, to third parties. Licenses to companies or entities, such as corporations, partnerships, and trusts, are available under separate terms and conditions. Please contact Quiet Planet LLC for details. All rights not expressly granted are hereby reserved.
Allowed UsesQuiet Planet LLC granted you the conditional right to use all or a portion of the licensed audio files in your own product without further payment (royalty free). The sounds licensed under this agreement may be reproduced by you, provided that your product contains an additional element: i.e. voice, music, image, etc. Examples of allowed uses are inclusion in self-produced radio programs, podcasts, mobile apps, television broadcasts, film soundtrack, music albums, PowerPoint presentations, websites, advertising, multi-media presentations, video games and other similar products. The rights under this license are limited and granted to a single sole user and do not extend to a company.
Prohibited UsesThe audio files licensed under this agreement, may not be used in any product that is primarily nature audio and therefore would compete with other present and future Quiet Planet LLC products. Primarily, for the purposes of this agreement, is defined as containing pure nature sounds (without voice, music, human or machine sounds or other non-natural sounds) for at least 50% of the total elapsed time of the product. Examples of prohibited products would be environmental soundscape albums, internet radio programming consisting of only nature sounds, nature videos without narration, some mobile applications, and ringtones. If in doubt inquire with Quiet Planet LLC before using. Uses prohibited under this license may be licensed under separate agreement—contact Quiet Planet LLC for details.
WarrantyQuiet Planet LLC warrants that it has full authority to license the audio files of its products under the terms of this agreement, and that our products do not infringe on the rights of any third party.
License HolderYou warranted that the name entered under “Licensee” during completion of the purchase order is your full and correct current legal name.
License ReplacementIn the event of loss or damage of product you may re-order from Quiet Planet LLC at a nominal fee. Quiet Planet LLC shall keep a composite list of all licensees.
DerivativesAll derivatives of licensed audio files, whether created in part or whole of the file licensed by this agreement, either by mixing, editing, processing or any other means remain bound by the terms and restrictions of this Agreement.
TermLicense is Lifetime of the named Licensee.
Duplication and StorageYou may transfer the licensed audio files to one local hard drive and also make one additional backup copy for your personal use. This license does not allow you to upload to a server or make copies available to other un-licensed users.
BreachIn the event of a breach of this agreement, action may be taken against you by Quiet Planet LLC, the owner of the copyrighted materials, or its successor in interest. Licensee agrees that any court action to enforce the terms of this agreement will occur in the State of Washington, Kitsap County, or in the current state and county of the registered home office of Quiet Planet LLC. The non-prevailing party in any action brought for breach of this agreement will be responsible for payment of the prevailing party’s attorney fees, costs, court fees, and resulting damages.
LIABILITYThe Licensee shall not hold Quiet Planet LLC responsible for any loss of business or business profits resulting directly or indirectly from the performance of any Quiet Planet product. Quiet Planet LLC’s liability is limited solely to replacement of the product.