End user License Agreement

SINGLE-USER LICENSE

• License agreement for users of Recordings and/or the Sound Libraries purchased through Listening Point Audio (www.listeningpointaudio.com) (as “Licensor”).


• This end user license agreement (the “Agreement”) is entered into between you, a single person (the “Licensee”), who has purchased one or more individual Recordings and/or the Sound Libraries through the creator of these Recordings and/or the Sound Libraries (the “Licensor”). If you need to purchase a multi-user license, please refer to our multi-user license agreement (MULA; see below) or contact me.


• This Agreement covers one or more Recordings and/or the Sound Libraries purchased by the Licensee via the Licensor which appears from the invoice that the Licensee receives following the purchase (the “SOUNDS”).


• The Licensor is the creator of the Recordings and/or the Sound Libraries stated as such on the Licensor’s website and listed on the invoice that the Licensee receives following the purchase.


• By accepting this EULA the Licensee agrees to be bound by the terms and conditions set out in this EULA.

1. Grant of License

For the purchase of individual Recordings and/or the Sound Libraries, the Licensor grants the Licensee a worldwide, non-exclusive, royalty-free, perpetual right to combine or sync the sounds of the Recordings and/or the Sound Libraries (“SOUNDS”) on the terms and conditions set out in this Agreement, without (i) paying any additional license fees to LISTENING POINT AUDIO or any third party other than the License Fee set forth herein; (ii) obtaining additional clearances or permissions; or (iii) providing source attribution to LISTENING POINT AUDIO or any third party.

2. Rights Granted

The license granted in this agreement allows the Licensee to:

a. Install and use Recordings and/or the Sound Libraries on one workstation at a time, although the LICENSEE is permitted to make and keep backup copies of the Recordings and/or the Sound Libraries on other storage devices, and

b. Distribute and publicly perform reproductions of the Sounds, where these are combined or synchronized with other media productions, which shall mean products that contain at least one additional media element to the Sounds (music, voice, image, etc.), including but not limited to radio and television broadcasts, film, music compositions, web sites, podcasts, mobile apps, advertising, multi-media presentations, video games and similar, and

c. Distribute reproductions of the SOUNDS as primarily a sound product (containing pure sound effects using SOUNDS without voice, music, or other sonic elements for at least 50% of the total elapsed time of the product) for online mobile app use only. No downloads of the SOUNDS for offline use may be offered or available.

d. Examples of allowed uses are, inclusion in self-produced radio programs, podcasts, mobile apps, television broadcasts, film soundtrack, music albums, PowerPoint presentations, advertising, mobile apps, multi-media presentations, and video games.

3. Restrictions

The Licensor expressly forbids any unauthorized inclusion of the SOUNDS or new audio content derived from or based on the SOUNDS or new audio content resulting from mixing the SOUNDS with other audio content in whole or in part in:

a. Any library (e.g. sample instrument, sound effects library, production music as single accessible stems, etc.)

b. In any product that is primarily a sound product, excluding uses outlined in Clause 2c. Primarily, for the purposes of this agreement, is defined as containing pure sound effects using SOUNDS (without voice, music) for at least 50% of the total elapsed time of the product. Examples of restricted products would be soundscape albums, sound effect collages on YouTube, ambient sound videos without narration, ambient sounds on all streaming platforms (Spotify, SoundCloud, Apple Music, and similar).]

c. Allowed use of SOUNDS in primarily sound products outlined in Clause 2c. are limited to online use only. No offline downloads of the SOUNDS shall be offered or available.

d. Usage as pre-installed sounds in any physical / hardware device or toy, online or offline

e. Usage of the SOUNDS, in whole or in part, for the purpose of training, improving, or developing any Neural Networks (NN), Artificial Intelligence (AI) or Machine Learning (ML) models or algorithms, whether for commercial or non-commercial use.

If you create your own sound effect stems for musical purposes (e.g. trailer production music stems) using LISTENING POINT AUDIO sounds, please make sure to not use LISTENING POINT AUDIO sounds “in the clear”, meaning unmixed with other elements. In order to achieve that, please make sure to:

a. Use multiple sound sources (not only LISTENING POINT AUDIO), like some original element (e.g. a synth rise)

b. Use additional musical elements (can be non-tonal, percussive only), like cymbal sweeps, whooshes, etc.

c. Mix LISTENING POINT AUDIO sounds with these other sound sources in the stem mix, so that no LISTENING POINT AUDIO sounds is “naked” in that stem mix.

If in doubt inquire or in case you want to include our SOUNDS in any such way mentioned in the RESTRICTIONS, please contact me.

The Licensor also forbids any re-distribution method of the SOUNDS, 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.

4. Intellectual property rights
All rights to the Recordings and/or the Sound Libraries and the SOUNDS herein are owned by the Licensor and other than the license rights granted in this Agreement all rights in the SOUNDS and Recordings and/or the Sound Libraries remain the property of the Licensor. The Licensee must not claim ownership or authorship of the SOUNDS or the Recordings and/or the Sound Libraries.

5. Termination
The Licensee’s right to use the Recordings and/or the Sound Libraries will automatically terminate in the event of any breach by the Licensee of the terms of this Agreement. In the event of termination, the Licensee shall delete or destroy all copies of the Recordings and/or the Sound Libraries which the Licensee has produced.

6. Indemnity
The Licensee shall indemnify Licensor from, and against any and all claims, demands, suits, awards, damages, suits, injuries, liabilities and all reasonable expenses, including attorney’s fees incurred by the Licensor with respect to any matter that arises as a result of the Licensee’s breach of this Agreement.

7. Liability
Licensor shall not be liable for any damages or for any loss of business or business profits, business interruption, or any other direct or indirect loss resulting directly or indirectly from the use of any of Licensor’s Sounds.

8. Assignment
To the furthest extension permitted by law, the Licensee must not assign, license, sublicense, sell or otherwise assign the Sounds to any third party, except as set out in Clause 2.

9. Applicable Law
This Agreement is governed by the law of Connecticut.

The standard sound library license here on LISTENING POINT AUDIO is for one person. If you are a company, organization, or group with multiple audio users, multi-user licensing is available. Request a multi-user license – here.

RIGHTS GRANTED

All Recordings and/or the Sound Libraries distributed by LISTENING POINT AUDIO are sold under license. By purchasing this Recording and/or the Sound Library under the multi-user license, you agree to the following terms and conditions:

1. Other than the right to have additional audio users, the multi-user license is the same as the single-user license.


2. Recordings and/or the Sound Libraries can be installed on one workstation for each license purchased, or on a server accessible by each licensed user.

CUSTOM LICENSE

LISTENING POINT AUDIO will create a custom license to fit an exact usage need.

For example, a custom license could give permission to use LISTENING POINT AUDIO recordings in projects where they are not incorporated in and synchronized with other media productions.

Please contact me for custom licensing.