End User License Agreement
By downloading or otherwise using sound and sample libraries (hereinafter referred to as “Samples”) from inspireaudio.de, you (hereinafter referred to as “the Licensee”) agree to be bound by the terms of this End User License Agreement. If you do not fully agree to the terms of this agreement, you may not use, copy, download or store the Samples, or use in any other manner not specifically noted herein.
Inspire Audio reserves all rights not expressly granted to the Licensee.
All Samples available from inspireaudio.de are licensed, not sold by Inspire Audio, to you, the Licensee. Inspire Audio remains at all times either the owner, Co-Owner, or Licensor of the Samples. Inspire Audio grants to the Licensee through this EULA the following limited, non-exclusive world-wide rights:
The Licensee may use the Samples in any audio/ visual production (hereinafter referred to as “Production”), such as a film, television or video program, animation, advertisement, Website, CD or DVD-ROM, commercial sound recording, audio download, video game, software product, personal ringtone, or other media or multimedia production, without paying any royalties, license fees, or any other fees to Inspire Audio or third parties, subject to the following restrictions:
Restrictions on Use
• The Licensee may not lend, share, distribute, sell, rent, lease, sublicense, assign, or otherwise transfer any of the Samples except where Samples have been incorporated by the Licensee in a Production.
• The Licensee may not distribute the Samples independently of a Production, in that Samples may be synchronised with images as an integral part of a Production, or used as part of an audio production, but are not to be distributed as “standalone” Samples.
• The Licensee may not cause or allow the Samples to be electronically transmitted or available to file sharing networks.
• The Licensee may not alter or delete any “watermark” or inaudible identifier embedded within the Samples.
The Licensee will indemnify, save, hold harmless and defend Inspire Audio from, and against any and all claims, demands, suits, damages, liabilities and all reasonable expenses, including legal fees incurred by Inspire Audio with respect to any matter that arises as a result of a breach of this Agreement by the Licensee.
Disclaimer of Warranties
Inspire Audio supplies Samples on an “as is” basis, and expressly disclaims all warranties of conditions of any kind, whether express or implied, including without limitation, any implied warranty of title, non-infringement, merchantability or fitness for a particular purpose with respect to its Website, or to any services supplied to its Licensees.
Limitation of Liability
The Licensee agrees that Inspire Audio holds no liability with respect to any claims made in relation to or arising out of this agreement.
This Agreement shall be governed by and construed in accordance with the Law of Germany and all legal action must be filed in Düsseldorf (Germany).
This License Agreement constitutes the entire agreement between Inspire Audio and the Licensee with respect to the Samples. Any modification or waiver of any of the provisions of this agreement must be in writing and signed by both parties, or conducted by both sides via the inspireaudio.de Website.