Sound Effects Licensing Agreement Terms
This is an agreement, provided by Hear & Found Co., Ltd., made between Hear & Found Co., Ltd (hereafter referred to as the "LICENSOR".) And you or the employer on your behalf (hereafter referred to as the "LICENSEE") who purchased a license to use one or more sound effects. By using our website and/or buying a license from us, LICENSEE agrees to be governed by the following terms and conditions (the "Agreement") as they apply to the license you buy.
1. Grant of License
After purchasing one or all of the named sound effects from the Hear & Found library or the Website, the LICENSOR grants the LICENSEE a worldwide, non-exclusive, royalty-free license to the sound effects in the Hear & Found Sound Library (hereinafter "the Sounds") on the terms and conditions set out in this Agreement. On the invoice that the LICENSEE receives following the purchase it is stated how many licenses to the Hear & Found Sound Library that the LICENSEE has been granted.
2. Rights Granted
Under this Agreement, the LICENSEE is granted the following license(s):
2.1 use the licensed Sounds from Hear & Found Sound Library on an unlimited number of projects for the entirety of their lifetime.
2.2use the licensed Sounds for personal and commercial projects without crediting Hear & Found.
2.3use the licensed Sounds for synchronization on audio and visual projects.
These projects can include the following:
Films, television, radio, documentaries, series, and shows Video games and augmented reality Podcasts and audio dramas Commercials such as advertising media Blogs and websites School and university projects. Social campaigns, especially for non-profit organizations. Concerts, theater or live events (Djs) Prototype projects (No original sounds) Youtube productions (No upload or stream of original sounds and ambience recording) Spotify (No original sounds to create any playlists such as relaxing sound, soundscape, ambient etc.)
These projects can include the following:
2.4 redesign licensed sound effects but are unable to sell them.
3. Restrictions
3.1 All the Sounds are protected by copyrights and are the intellectual property of Hear & Found. This License does not transfer the LICENSEE's copyrights, nor does it assign, transfer, or sublease this Agreement to any other party.
3.2
Except for the limited rights granted herein, Hear & Found hereby reserves all rights and uses in and to the Sounds. Without limiting the extent of the above provision, LICENSEE shall not:i) upload any of the Sounds in its original form to video-sharing platform (e.g. YouTube), Spotify, or any other media site, including streaming platforms, and claim ownership, monetization, or commercial gain.
ii) distribute or perform reproductions of the Sounds where these are not incorporated in and synchronized with other media productions, including but not limited to in toys, product design, greeting cards, ringtones, applications such as soundboards, hardware devices, media authoring tools etc.
iii) resell (or otherwise make accessible) the Sounds as parts of any competing product, such as a music and sound library, sound library music and sound compilation, including in any way that allows a third party to download the Sounds as a separate file, such as website templates or in e-card templates.
iv) transfer the Sounds as being those of another person; and
v) claim to be the creator or copyright holder of the Sounds or any derivative work created from the Sounds.
vi) use the Sounds in any defamatory or other unlawful way or context. for instance:
insulting, misleading, discriminating, or defaming (damaging people's reputations) putting children at risk anything that would harm Hear & Found's reputation
ii) distribute or perform reproductions of the Sounds where these are not incorporated in and synchronized with other media productions, including but not limited to in toys, product design, greeting cards, ringtones, applications such as soundboards, hardware devices, media authoring tools etc.
iii) resell (or otherwise make accessible) the Sounds as parts of any competing product, such as a music and sound library, sound library music and sound compilation, including in any way that allows a third party to download the Sounds as a separate file, such as website templates or in e-card templates.
iv) transfer the Sounds as being those of another person; and
v) claim to be the creator or copyright holder of the Sounds or any derivative work created from the Sounds.
vi) use the Sounds in any defamatory or other unlawful way or context. for instance:
4. Intellectual Property Rights
4.1 Hear & Found is the owner or the rights holder of all the rights in the Sounds and the Website, inclusive of all intellectual property rights and all copyrights. The ownership and other rights than the license rights granted in this Agreement remain the sole property of the LICENSOR. As a result, LICENSEE must not claim ownership, or authorship and has no and will have no rights to the Sounds or the Website, other than the right of use specified in this License.
4.2LICENSEE hereby acknowledges that Hear & Found is and reserves the owner of all right, title, and interest in the Sounds, including without limitation any copyrights therein. The Sounds are protected by and subject to Thai and international copyright laws.
Any other use of the Sounds than as expressly permitted by our licenses constitutes copyright infringement.
5. Termination Due To Breach
5.1 The LICENSEE's rights to use the Sounds may be terminated by the LICENSOR without notice in the event of any breach by the LICENSEE of this Agreement. In the event of termination, the LICENSEE shall delete or destroy all copies of the Sounds.
5.2Hear & Found at their discretion, reserves the right to temporarily or permanently ban or remove users that are deemed to be abusing access to the Hear & Found Sound Library, including but not limited to ripping the full Hear & Found Sound Library, sharing an account with multiple users, accessing another user's account without permission, illegally sharing, uploading, or accessing copyrighted material without permission, and similar.
6. Warranties, Representations, Indemnity & Liability
6.1 Hear & Found makes no express or implied guarantees or assurances, other than that it has the authority to grant the License granted herein. Hear & Found's entire liability under this Agreement arising from your use of any Sounds is limited to the Licensing Fee paid by LICENSEE for such Sounds. The LICENSEE acknowledges that this License is issued without any further guarantee or remedy.
6.2The LICENSEE shall indemnify and hold harmless the LICENSOR from, and against any and all claims, demands, suits, awards, damages, 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.
6.3The LICENSOR warrants that it owns the sounds and has the authority to license them to the LICENSEE.
6.4The LICENSOR is not liable for any indirect loss or damages, including lost business or profits, or business interruption, resulting from the use of the Sounds.
7. Assignments
The LICENSEE has no right to transfer, license, sublicense, sell or otherwise assign The Sounds to any third party except as set out in Clause 2.3
8. Miscellaneous
The LICENSEE is deemed to have accepted and consented to the terms of this License when (i) accepting the Terms and Conditions on the Hear & Found website and/or (ii) paying the License Fee to Hear & Found. The License shall be binding upon the LICENSEE without the requirement of the LICENSEE's countersignature.
9. Applicable Law
The laws of Thailand, shall govern this Agreement and be applied in its interpretation. The parties hereby submit to the jurisdiction of the courts located in the Thailand judicial district. The parties hereto have specifically asked that the language of this Agreement and all supporting documentation be English.
Nothing in the current Agreement should be read as establishing a joint venture or partnership between the parties. The heirs, executors, administrators, and assigns of the parties hereto shall have the benefit of and be bound by this Agreement. The other provisions of this Agreement shall remain in full force and effect even if any part of it is found to be unlawful or unenforceable by a court of competent jurisdiction or by any other legally established body with the authority to make such a finding.
Nothing in the current Agreement should be read as establishing a joint venture or partnership between the parties. The heirs, executors, administrators, and assigns of the parties hereto shall have the benefit of and be bound by this Agreement. The other provisions of this Agreement shall remain in full force and effect even if any part of it is found to be unlawful or unenforceable by a court of competent jurisdiction or by any other legally established body with the authority to make such a finding.
Last updated on December 27, 2022
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2022 Hear&Found