Licensing

GRANT OF LICENSE

In consideration of the license fee (“LICENSE FEE”) you paid (and for our FREE download packs), BOOM Library grants a “MEDIA LICENSE” to you and your assigns (subject to the transfer limitations herein).

The MEDIA LICENSE for this product is granted only to a single user. If you need to purchase a multiuser license, please refer to our multiuser license agreement (MULA) or contact us directly.  The MEDIA LICENSE can be granted as a SUBSCRIPTION or as a BUY OUT

All CONTENT provided hereunder is licensed, but not sold, to you by BOOM Library, for commercial and non-commercial use in any means and media now known or hereafter devised (e.g., music, sound-effect, audio/video post-production, performance, broadcast, multimedia, videogame or similar content-creation and productions, and any promotion or advertising related thereto) that are produced by you during the TERM of this AGREEMENT (altogether: “PRODUCTION”), worldwide.

The TERM of this AGREEMENT is either perpetual (BUY OUT license) or limited in years as defined below through the TERM of the SUBSCRIPTION (SUBSCRIPTION license).

This AGREEMENT includes the worldwide, royalty-free, non-exclusive right to combine or sync the CONTENT into such PRODUCTIONS without (i) paying any additional license fees to BOOM Library or any third party other than the License Fee set forth herein; (ii) obtaining additional clearances or permissions; or (iii) providing source attribution to BOOM Library or any third party.

The MEDIA LICENSE includes mechanical, synchronization, public performance and broadcast rights.

1. Mechanical rights

The right to re-record, duplicate and release the CONTENT as part of your product/production in whatever medium you choose (i.e. video tape, film, CD ROM, DVD, digital formats). This does not include the right to resell the CONTENT as a standalone product in whole or in parts.

2. Synchronization rights

The right to use the CONTENT as a soundtrack “synced” with visual images, or sounds as part of your product/production.

3. Public Performance Broadcast rights

The right to use the CONTENT as part of the public viewing or broadcast of your product/production, including but not limited to videos, DVDs, web sites, podcasts, multimedia presentations, films, television, and radio.

The MEDIA LICENSE grants the worldwide and limited right to you to use, re-record, duplicate, incorporate, modify, adapt, embed, and exploit all or a portion of the CONTENT without further payment to BOOM Library or any third party (royalty free) in your PRODUCTION for the TERM of this AGREEMENT. The CONTENT may be reproduced by you provided that the PRODUCTION contains an additional element: i.e. voice, music, image, etc.

Examples of allowed uses are, without limitation, inclusion in radio programs, podcasts, mobile apps, television broadcasts, film soundtrack, music albums, PowerPoint presentations, websites, advertising, multi-media presentations, video games and other similar products.

For the avoidance of doubt: in case that the MEDIA LICENSE is granted within a SUBSCRIPTION, the MEDIA LICENSE remains in place for sustained use for all your PRODUCTIONS that are produced during the TERM of the SUBSCRIPTION. Any PRODUCTIONS which rightfully use the CONTENT may continue to use the CONTENT and any files derived from CONTENT after expiration or termination of this AGREEMENT in perpetuity

ALLOWED USES

Quiet Planet LLC granted you the conditional right to use all or a portion of the licensed audio files in your own product without further payment (royalty free). The sounds licensed under this agreement may be reproduced by you, provided that your product contains an additional element: i.e. voice, music, image, etc. Examples of allowed uses are inclusion in self-produced radio programs, podcasts, mobile apps, television broadcasts, film soundtrack, music albums, PowerPoint presentations, websites, advertising, multi-media presentations, video games and other similar products. The rights under this license are limited and granted to a single sole user and do not extend to a company.

PROHIBITED USES

The audio files licensed under this agreement, may not be used in any product that is primarily nature audio and therefore would compete with other present and future Quiet Planet LLC products. Primarily, for the purposes of this agreement, is defined as containing pure nature sounds (without voice, music, human or machine sounds or other non-natural sounds) for at least 50% of the total elapsed time of the product. Examples of prohibited products would be environmental soundscape albums, internet radio programming consisting of only nature sounds, nature videos without narration, some mobile applications, and ringtones. If in doubt inquire with Quiet Planet LLC before using. Uses prohibited under this license may be licensed under separate agreement—contact Quiet Planet LLC for details.

WARRANTY

Quiet Planet LLC warrants that it has full authority to license the audio files of its products under the terms of this agreement, and that our products do not infringe on the rights of any third party.

LICENSE HODLER

You warranted that the name entered under “Licensee” during completion of the purchase order is your full and correct current legal name.

LICENSE REPLACEMENT

In the event of loss or damage of product you may re-order from Quiet Planet LLC at a nominal fee. Quiet Planet LLC shall keep a composite list of all licensees.

DERIVATIVES

All derivatives of licensed audio files, whether created in part or whole of the file licensed by this agreement, either by mixing, editing, processing or any other means remain bound by the terms and restrictions of this Agreement.

LICENSE TERM

License is bound to the named Licensee. We do offer two ways of purchasing a valid license: as a SUBSCRIPTION or as a BUY OUT. Altogether payments for the purchase of the license either as a BUY OUT or as a SUBSCRIPTION are defined as the “LICENSE FEE” in this agreement.

Any rights to the product as stated in this agreement are only transferred to you after the full LICENSE FEE has been paid by you and received by us. Without receipt of the payment of the LICENSE FEE, you do not own a valid license!

1. BUY OUT

Upon full payment of the LICENSE FEE the license to the product is granted to you in perpetuity. BUY OUT licenses can only be granted to named individuals, including single person businesses. Any company or business that has more than one member (including founders, members, staff and employees), needs to purchase a SUBSCRIPTION license.

2. SUBSCRIPTION

The TERM of the SUBSCRIPTION shall commence upon receipt of the first yearly LICENSE FEE payment. The minimum TERM of a SUBSCRIPTION is 3 (three) years. The LICENSE FEE is to be paid as a yearly upfront payment. The SUBSCRIPTION TERM automatically extends for additional 12 months periods, if the SUBSCRIPTION is not cancelled in writing (email sufficient) at least 7 days prior to the next auto-renew date. For each additional 12 months period, the yearly upfront payment of the LICENSE FEE is due.

All rights to CONTENT are terminated at the date the TERM of the SUBSCRIPTION expires (except as defined as “Sustained Use” in the GRANT OF LICENSE). Upon expiration you shall delete all CONTENT from the hard drives and any other storage media, physical or otherwise or any other copies no matter how stored (other than in and in connection with any PRODUCTIONS).

DUPLICATION AND STORAGE

You may transfer the licensed audio files to one local hard drive and also make one additional backup copy for your personal use. This license does not allow you to upload to a server or make copies available to other un-licensed us

In the event of a breach of this agreement, action may be taken against you by Quiet Planet LLC, the owner of the copyrighted materials, or its successor in interest. Licensee agrees that any court action to enforce the terms of this agreement will occur in the State of Washington, Kitsap County, or in the current state and county of the registered home office of Quiet Planet LLC. The non-prevailing party in any action brought for breach of this agreement will be responsible for payment of the prevailing party’s attorney fees, costs, court fees, and resulting damages.

LIABILITY

LICENSE AGREEMENT (SINGLE USER)

By purchasing this product, you agreed below to the terms of this agreement, you agreed to the terms, conditions and limitations of use contained in this agreement. You purchased a license to use copyrighted audio files from Quiet Planet LLC. The rights associated with this license are available to you only.

The license for this product is granted to you only as a single user license. If you need to purchase a multiuser license, please refer to the multiuser license agreement (MULA) or contact us directly. The license for this product can be granted as a SUBSCRIPTION or as a BUY OUT, depending on the License Term stated below. The license is nontransferable, which means you cannot sell or give another individual or entity the right to use the audio file. Unauthorized resale of Quiet Planet LLC audio products is prohibited. You may not sell, lend, or giveaway, any of the licensed audio files, in whole, part, to third parties. Licenses to companies or entities, such as corporations, partnerships, and trusts, are available under separate terms and conditions. Please contact Quiet Planet LLC for details. All rights not expressly granted are hereby reserved.

MULTI USER

(Scroll to the top to get to the single user terms & conditions)

IMPORTANT-READ CAREFULLY: This BOOM Library Multi End-User License Agreement (or “MULA”) is a legal agreement between you as a customer (either an individual, a single entity or a business – hereinafter “CUSTOMER”) and BOOM Library GbR. (“BOOM Library”) for the BOOM Library Audio Content you have licensed which includes the following: (i) designed sound effects, (ii) source sound files and (iii) any printed, “online” or electronic documentation (altogether: “CONTENT”). By licensing, copying or otherwise using the CONTENT, you agree to be bound by the terms of this MULA.

If you do not agree to the terms of this MULA, do not use the CONTENT. Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the CONTENT. The rights granted herein are non-transferable and must be validated by proof of purchase.

All rights not expressly granted to you hereunder are reserved by BOOM Library.

BOOM LIBRARY PRODUCTS LICENSE AGREEMENT (MULTI-USER)

USERS AND WORKSTATIONS:

CUSTOMER shall be entitled to use the CONTENT within the given license specifications (“altogether MEDIA LICENSE”) for the TERM and the number of AUDIO USERS as specified during the purchase process. For the avoidance of doubts, the users can be, without limitation, the employees of the CUSTOMER, CUSTOMERs contractors and subsidiaries, like for example audio programmers, level designers, artist, etc., while AUDIO USERS are defined as employees and/or contractors of the CUSTOMER and sound designers working under written contract of CUSTOMER actively accessing and working with the CONTENT.

“WORKSTATIONS” are personal computers, notebooks and digital workstations for audio and post-production which are being used by AUDIO USERS.

In the event that an AUDIO USER is no longer employed by CUSTOMER or under written contract by CUSTOMER, all CONTENT obtained under this AGREEMENT, including any incomplete product which in any way uses CONTENT, with the exception of any PRODUCTION (as defined below) must be deleted from the former user’s hard drives and any other storage media, physical or otherwise or any other copies no matter how stored. Copies, in whole or in part, may not be retained by persons who no longer qualify as AUDIO USERS under this AGREEMENT. The CUSTOMER may add AUDIO USERS during the TERMS of this AGREEMENT for an increase of LICENSE FEE prorated to the existing LICENSE FEE either directly (for BUY OUT licenses) or in the following yearly payment (for SUBSCRIPTION licenses).

The rights associated with this AGREEMENT are available only to CUSTOMER and its AUDIO USERS. These rights are not transferable or assignable without the express written AGREEMENT of BOOM Library except as described below.

GRANT OF LICENSE

In consideration of the license fee (“LICENSE FEE”) you paid (and for our FREE download packs), BOOM Library grants a “MEDIA LICENSE” to you and your assigns (subject to the transfer limitations herein).

The MEDIA LICENSE for this product is granted the number of AUDIO USERS as specified by CUSTOMER during the purchase process. The MEDIA LICENSE can be granted as a SUBSCRIPTION or as a BUY OUT.

All CONTENT provided hereunder is licensed, but not sold, to you by BOOM Library, for commercial and non-commercial use in any means and media now known or hereafter devised (e.g., music, sound-effect, audio/video post-production, performance, broadcast, multimedia, videogame or similar content-creation and productions, and any promotion or advertising related thereto) that are produced by you during the TERM of this AGREEMENT (altogether: “PRODUCTION”), worldwide.

The TERM of this AGREEMENT is either perpetual (BUY OUT license) or limited in years as defined below through the TERM of the SUBSCRIPTION (SUBSCRIPTION license).

This AGREEMENT includes the worldwide, royalty-free, non-exclusive right to combine or sync the CONTENT into such PRODUCTIONS without (i) paying any additional license fees to BOOM Library or any third party other than the License Fee set forth herein; (ii) obtaining additional clearances or permissions; or (iii) providing source attribution to BOOM Library or any third party.

The MEDIA LICENSE includes mechanical, synchronization, public performance and broadcast rights.