End-User License Agreement for Users of FENNEC FX Sound Effects Libraries (“CONTENT”):
This End-User License Agreement governs the legal relationship between you, the purchaser (hereafter referred to as “the Customer”) of FENNEC FX Sound Effects Libraries, and FENNEC FX. FENNEC FX offers digital goods and services, mainly in the form of Sound Effects Libraries, which includes the following: (1) produced sounds, (2) recorded sounds, (3) any printed, "online" or electronic documentation, artwork, logo's etc. (hereafter referred to as “CONTENT”), through its website, www.fennecfx.com, which can be downloaded after paying a license fee. The Customer's use of this CONTENT is subject to agreeing to the conditions in this End-User License Agreement. By downloading, installing, or using the CONTENT in any other way, the Customer agrees to be legally bound by the terms of this End-User License Agreement. The CONTENT may be used for the Customer's own productions (for example: motion picture, television productions, documentaries, musical productions, computer and video games, theatre productions, radio productions, websites, podcasts, mobile apps, PowerPoint presentations, websites, advertising, multi-media presentations and other similar products. etc.), hereafter referred to as “Projects”.
The rights associated with this End-User License are available to The Customer only. The End-User License is nontransferable, which means The Customer cannot sell or give another individual or company the right to use the CONTENT. Unauthorised resale of FENNEC FX's CONTENT is prohibited. The Customer may not sell, lend, or giveaway, any of the licensed CONTENT, in whole, part, to third parties. All rights not expressly granted to The Customer hereunder are reserved by FENNEC FX. The CONTENT in this product is licensed, but not sold, to The Customer by FENNEC FX.
If The Customer does not agree to the terms of this End-User License Agreement, then do not use the CONTENT.
This End-User License Agreement includes:
1. Mechanical rights: The right to re-record, duplicate and release the CONTENT as part of The Customer's Project in whatever medium The Customer chooses (i.e. video tape, film, CD ROM, DVD, Blue-Ray Disks, websites, digital formats). This does not include the right to resell the CONTENT as a standalone product in whole or in parts.
2. Synchronisation Rights: The right to use the CONTENT 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 CONTENT as part of the public viewing or broadcast of the Customer's Project, including, but not limited to films, television, video and computer games, DVDs, Blue-Ray Disks, websites, podcasts, multimedia productions, and radio.
The License is granted worldwide and unlimited in time.
Single User License:
Only the Customer personally is permitted to use the CONTENT, although the Customer may transfer files from his completed work product containing CONTENT to his clients, distributors or broadcasters, for the purpose of broadcast and reproduction for Permitted Uses, provided that such parties shall have no further or additional rights to use the CONTENT and cannot access or extract it from any file, film or television production or other work that The Customer provide.
This End-User License Agreement excludes any isolated and/or independent use of the CONTENT. The license granted in this Agreement is personal to the Customer, and limited to the Customers Projects. FENNEC FX only licenses the use of the CONTENT it provides; it retains full rights concerning the CONTENT. The use of the CONTENT for the creation of a sound library or audio CONTENT or for any sample-based product — even if modified — is strictly prohibited. In addition, the CONTENT may not be repackaged in whole or part as sample libraries or audio CONTENT or digital instrument patches or any other product, without the prior written permission of FENNEC FX. Further Customers are not allowed to claim authorship of the CONTENT.
Customer shall indemnify FENNEC FX 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 Customer.
FENNEC FX shall not be liable for any damages for any loss of business or business profits, business interruption, or any other pecuniary loss resulting directly or indirectly from the performance of any of FENNEC FX products.
Downloaded libraries can't be returned, so we can't provide refunds. Please be aware that as soon as the Customer downloaded it, costumer can't return it.
FENNEC FX will not be responsible if the CONTENT does not fit The Customer's particular purpose. The CONTENT is licensed 'as is' without warranties of any kind. Any similarity to any other CONTENT is purely unintentional. FENNEC FX cannot be held responsible for any direct, indirect, or consequential loss arising from the use of any sound CONTENT.
This End-User License Agreement contains the entire agreement between FENNEC FX and the Customer regarding the licensing, use, and liability limitations related to the use of FENNEC FX products, in particular the aforementioned CONTENT. No part of this End-User 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 FENNEC FX and the Customer. If any part of this End-User 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 End-User License Agreement will remain in full force and effect.