Legal Agreement

Last Updated: August 16th, 2018

EIRAVAEIN WORKS LLC LEGAL AGREEMENT

Your use of the Eiravaein Works LLC products, services, and website, and the licenses granted herein, are expressly conditioned upon your acceptance of these Terms of Use and the following additional terms and conditions and policies, which are hereby incorporated by reference (collectively, the “Agreement”).  

By purchasing, downloading, storing, installing, copying and/or otherwise using any Eiravaein Works LLC products (hereafter referred to as “Licensed Product”), Licensee accepts the following license agreement:

  1. License Grant:

The license for this Licensed Product is granted only to a single user.  Licensee may use Licensed Product on up to two (2) separate computers/workstations, which computers/workstations shall be owned and used by Licensee exclusively.  In consideration of payment of the license fee, Eiravaein Works LLC grants to the Licensee through this agreement the following limited, non-exclusive, and non-transferable global, perpetual right to use, edit and synchronize the Licensed Product.

1a. Rights Granted

By the license granted in this agreement, the Licensee may use Licensed Product in commercial and non-commercial works, as follows:

For the purposes of timed relation or synchronization with other audio and/or visual productions which the Licensee is involved with, including but not limited to: film, television broadcast, radio broadcast, audio/video post-production, motion picture production, animation, music, computer and video game, interactive media, software, performance, podcast, mobile application or app, soundtrack, theatre production, advertisement, Internet production, website, or other multi-media or similar finished content-creation and production.  Eiravaein Works LLC allows Licensee to use any of the sounds and samples in the library(ies) Licensee has purchased for commercial projects without paying any additional license fees or providing source attribution to Eiravaein Works LLC.

The Licensed Product under this agreement may be reproduced by Licensee, provided that Licensee’s product contains an additional element such as image, music, performance, voice, etc.

Licensee may re-record, edit, duplicate and release the Licensed Product as part of Licensee’s or Licensee’s clients’ production in any medium used by Licensee.

1b. Restrictions of Use & Limitations

This license is non-transferable and expressly forbids resale or lease of the Licensed Product.

This license does not allow Licensee to store the Licensed Product to a network-drive or server for any length of time.

This license does not allow Licensee to make copies of Licensed Product available to other unlicensed users.

Use of the Licensed Product as part of a software program (including a software based game) is permitted, provided that the Licensed Product must be synchronized within the software package, and may not be accessible to the end user as an independent element.

The Licensed Product cannot be used as a commercial ring tone or ring back without an additional license agreement.

The Licensed Product cannot be embedded into any hardware, device, or chip set without a separate and additional license agreement.

This license also strictly forbids any inclusion of Licensed Product, into any other virtual instrument or library of any kind, without express written consent from Licensor.

Licensee may not offer or impose any terms on the Licensed Material that alter or restrict the terms of this License or the recipients’ exercise of the rights granted hereunder.

This Agreement forbids any re-distribution method of the Licensed Product, 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.

  1. Rights/Watermarking Policy:

The product, including accompanying documentation, is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.  Eiravaein Works LLC retains full copyright privileges and complete ownership of all recorded sounds, instrument programming, documentation and musical performances included in this product.  Any rights not specifically granted herein are reserved by Eiravaein Works LLC.

Any unauthorized use, distribution or reproduction of the product shall not be permitted, shall constitute a violation of law, and shall entitle Eiravaein Works LLC to, in addition to any other remedy at law or equity, injunctive relief.  It is unlawful to deliberately circumvent, alter or delete technological measures of protection and information provided by Eiravaein Works LLC which identifies the products, its owner and the terms and conditions for its use.  Please note that the product has been imbedded with a digital watermark specific to the serial number Licensee have been given for this product.  If the product is used in other projects, music, compositions, designs, or any other productions created by non-Licensed individuals, organizations, or groups, Licensee will be held legally responsible to the furthest allowed extent of the law.  Licensee further agree to take all reasonable steps to protect this product from unauthorized copying or use.

  1. Refunds:  

Downloaded libraries cannot be returned, therefore refunds will not be provided.

  1.   Limited Warranty/Limitation of Liability:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EIRAVAEIN WORKS LLC DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF SATISFACTORY QUALITY, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER EIRAVAEIN WORKS LLC, ITS SUPPLIERS, DEALERS, DISTRIBUTORS, NOR THE AGENTS OR EMPLOYEES OF THE FOREGOING WILL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES OF ANY SORT, (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF DATA ARISING OUT OF THE USE OF THE PRODUCT) WHETHER OR NOT SAME HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, OR OF ANY CLAIM BY ANY OTHER PARTY.

  1. Terms:

This license agreement is effective from the moment the product is installed/stored by any means.  The license will remain in full effect until termination.  The license is terminated if Licensee breaks any of the terms or conditions of this agreement.  Upon termination Licensee agrees to destroy all copies and contents of the product at Licensee’s own expense.  In the event of termination, the following sections of this license will survive: 2, 3, 4 and 7.

  1. NFR (Not for Resale)/EDU (Educational) Sales:

All Eiravaein Works LLC libraries are subject to the terms of this license agreement, unless specified otherwise.  NFR and EDU copies are exempt from update or upgrades or additional discounts, sales or coupons.  Notwithstanding other sections of this license, any products provided to Licensee for an EDU purpose shall only be used by students or faculty, staff and administration attending or working in educational institutional facilities and must not be used for commercial purposes.

  1. General Terms.

(a).  This license shall be governed by North Carolina law applicable to contracts fully negotiated, executed and performed therein. Only the North Carolina courts (state and federal) shall have jurisdiction over controversies regarding this license; any proceeding involving such a controversy shall be brought in those courts, in Mecklenburg, and not elsewhere.  In the event of any claim arising from the breach or alleged breach of the terms of this license, the prevailing party shall be entitled to reasonable attorneys’ fees and court costs.

(b) Licensee agrees that this license contains the complete agreement between the parties hereto, and supersedes all other communication, relating to the subject matter of the license.

(c) Licensee acknowledges that Licensee has read this license and understand it and agree to be bound by its terms and conditions.

(d) INDEMNIFICATION: In addition to the other indemnification provisions set forth in this Agreement, Licensee agrees to indemnify, defend and hold Eiravaein Works LLC and its constituents harmless from and against any and all claims, demands, damages, liabilities, expenses (including reasonable attorneys' fees) or other loss that arises from or relates to Licensee’s use of the digital content or Licensee’s breach of the representations, warranties or covenants set forth in these Terms, including, without limitation, any attempt made by Licensee to duplicate any or all files (or parts of files) and digital content acquired from Eiravaein Works LLC.