SOUND EFFECTS LIBRARY LICENSING AGREEMENT

BETWEEN

ROB WALKER SOUND LTD

99 Parkway Avenue

Sheffield

S9 4WG

England

United Kingdom

UK COMPANY NUMBER 16045651

AND

THE PURCHASER of Sound Effects Library Products from Rob Walker Sound Ltd

By purchasing and/or downloading any of the sound effects libraries made available by Rob Walker Sound Ltd, you acknowledge and agree to be bound by the terms and conditions laid out within this document. Rob Walker Sound Ltd is the legal owner of these sound effects libraries and Robert John Walker is identified as the original author of the works.

This End User License Agreement (EULA) is a legal agreement between yourself (the Licensee) and Rob Walker Sound Ltd, the Licensor. In this Agreement, the party who is granting the right to use the licensed media will be referred to as ‘The Licensor’ or ‘Rob Walker Sound Ltd’, and the party who is receiving the right to use the licensed media will be referred to as ‘The Licensee’.  

All audio files provided to you by Rob Walker Sound Ltd are subject to the terms in this document. They will be referred to as ‘The Sound Libraries’ or ‘The Sounds’. The term ‘Agreement’ is synonymous with the term ‘contract’ for the purposes outlined here.

Purchasing 

Before receiving a download link or other agreed delivery method from Rob Walker Sound Ltd to access The Sounds, you will be asked to agree to the Terms outlined below. If you refuse to accept the Terms, you will not be able to access The Sounds and your order will be cancelled. If you purchase and access The Sounds you hereby give your explicit agreement to The Terms of this Agreement.

The Effective date of this Agreement is defined as the date of purchase of The Sounds and it continues in perpetuity unless cancelled by Rob Walker Sound Ltd or its representatives.

TERMS

1. THE LICENSE

a) Your purchase of a copy of The Sounds does not constitute ownership of The Sounds, but you, the Licensee, are granted a worldwide, non-exclusive, royalty-free license to use any or all of The Sounds in accordance with the terms and conditions laid out in this Agreement. This license is only granted to original purchasers of the sound files. No rights of use are conferred by simply being in possession of a copy of The Sounds if you are not the original purchaser. Rob Walker Sound Ltd remains the owner of the copyrighted material in The Sounds at all times.

2. RIGHTS GRANTED 

In consideration of the payment of the agreed fee to Rob Walker Sound Ltd, The Licensee is conferred the following rights:

a) The Licensee may use the licensed sound effects on an unlimited number of projects in perpetuity.

b) The Licensee may use the licensed sound effects for personal and commercial projects without attribution to the original creator.

c) The Licensee may use the licensed sound effects for the purposes of synchronization with audio and visual projects the Licensee is involved with, which includes but is not limited to: films, television, streamed video content, games, radio, sound installations and interactive projects.

d) The Licensee may transfer the licensed sound effects to one local hard drive and also make two additional backup copies strictly for personal use. Backup copies should remain under the close control of The Licensee and may not be loaned to any third party. This license does not allow you to upload the sound effects to a network-drive, server or make copies available by any means to other unlicensed users.

e) The Licensee may distribute and publicly perform a reproduction of anything contained within the sound effects libraries over any form of public or private medium as long as they are synchronized within Licensee’s project.

f) The Licensee may re-record, edit, duplicate and release the licensed sound effects as part of yours or your clients’ production in whatever medium you choose.

g) The Licensee is given the right to vary, alter, modify, add to and/or delete from The Sounds as they see fit as long as this does not contravene any restriction stated within this agreement.

3. COPYRIGHT

Other than the license rights granted in this agreement, all right, title and interest in The Sounds is and shall always remain the property of Rob Walker Sound Ltd unless transferred to a third party by Rob Walker Sound Ltd. The rights granted herein are non-transferable and are only conferred by proof of purchase. All rights not expressly granted to The Licensee by the terms of this agreement are reserved by the Licensor.

4. INDEMNITY

The Licensee hereby indemnifies The Licensor from, and against any and all claims, demands, suits, actions, causes of action, damages, liabilities, charges and expenses, including any legal fees, costs of any form of legal representation, court costs, or other fees incurred by The Licensor with respect to any matter that arises as a result of any claim that the Licensed sound effects infringe or violate any rights of any third party or any breach of this agreement by you.

5. WARRANTY

Rob Walker Sound Ltd warrants that it has full authority to license and distribute all of The Sounds under the terms of this agreement and that our products do not infringe on the rights of any third party.

6. LIABILITY

The Licensor shall not be liable for any loss of business or business profits, business interruption, or any other form of direct or indirect loss resulting directly or indirectly from the use of any of the licensed sound effects nor the timely delivery of The Sounds.

7. ACCESS TO THE SOUNDS

a) The Licensor will provide a time limited method not greater than 10 days from the date of purchase for the Licensee to access The Sounds via internet download. The Licensee accepts that the delivery method of The Library is by internet download and is responsible for their own access to a secure and stable internet connection for accessing The Sounds within this period. Should The Licensee not have access to such a secure and stable internet connection, at The Licensor’s discretion, physical storage methods may be used at additional cost to The Licensee, or the purchase may be cancelled at the discretion of The Licensor.

b) The Licensor does not agree to provide unlimited access to The Sounds in perpetuity and once downloaded The Licensee should make their own backup copy or copies of The Sounds under the restrictions outlined below. No reasonable request to access The Sounds in future will be refused but is entirely at The Licensor’s discretion.

8. RESTRICTIONS

a) The Licensee may not modify any of the sound effects libraries with intent to claim authorship.

b) The Licensee may not sell any of the sound effects libraries or contents of any of the sound effects libraries for the purposes of commercial gain with the exception of their intended use for synchronization to a project participated in by The Licensee.

c) The Licensee may not transfer, assign, share or sub-lease The Sounds nor make The Sounds available to any other party either directly or through inaction on their own part.

d) The Licensee must not allow access by others in the working or domestic environment, otherwise a multi-user license can be purchased which will allow the use of the sound effects on more than one workstation and by multiple people on your production team. A multi-user license may also be referred to as a ‘site’ license.

e) The Licensee may not re-record or change the licensed sound effects in any way not authorised under this Agreement without the written consent of Licensor. The Licensee and Licensor understand that it is common to alter and manipulate The Sounds. Licensee agrees that such altered or manipulated sounds derived from The Sounds do not constitute original compositions in their own right and it is expressly prohibited for anyone including The Licensee to sell altered or manipulated versions of The Sounds as original material.

f) The Licensee may not make copies of The Sounds in an unsynchronised state, except to one local hard drive and two additional backup copies for personal use and under their secure control.

g) The Licensee may not upload (or by inaction allow) unsynchronised copies of The Sounds to be stored to any online storage service, bit torrent, cloud storage, audio streaming service, video streaming service, or any other as yet unknown method of networked storage except for their own personal and private usage and under their secure individual control. Failure to take reasonable steps to secure The Sounds from access or duplication by third parties constitutes a breach of this agreement.

h) The Licensee may not allow unaltered replay of The Sounds in a continuous linear fashion across any form of internet or audio streaming service or broadcast or physical site based installation without connection to a synchronised game, film, television, radio, sound installation or interactive project.

i) Whilst The Licensee may choose to store The Sounds in alternative file formats to those provided by The Licensor, those copies remain under the terms outlined in this agreement.

Artificial Intelligence Usage Prohibited

j) The Licensee is expressly prohibited from using any of The Sounds licensed under this Agreement for the purpose of training artificial intelligence (AI) technologies. Furthermore, The Licensee is expressly prohibited from allowing third parties to have access to The Sounds licensed under this Agreement for the purpose of training artificial intelligence technologies. This includes, but is not limited to, technologies capable of generating sound effects or works in a similar style or genre as the licensed sound effects. 

k) The text descriptions, filenames, metadata and any other characteristic of The Sounds contained within the libraries are also prohibited from use in any machine learning or Artificial Intelligence training environment. The Licensee shall not use, reproduce, or otherwise leverage the licensed sound effects in any manner for purposes of developing, training, or enhancing artificial intelligence technologies, nor sublicense these rights to any third party, without the Licensor’s express written permission.

9. ASSIGNMENT

The Licensee may not assign, sell, license or sub-license the licensed sound effects to any other party without Licensor’s explicit written consent.

10. TRANSFER OF OWNERSHIP

Rob Walker Sound Ltd reserves the right to transfer the ownership of these sounds to a third party at any point in the future. In the event of a transfer of ownership, the terms of this agreement will remain in force and any terms of this agreement which relate to Rob Walker Sound Ltd will automatically transfer to any new owner of The Sounds. Rob Walker Sound Ltd is under no obligation to inform the Licensee of any change in ownership of the Sounds. The Licensee’s rights and responsibilities under the terms of The Agreement will remain unchanged in the event of any change in ownership initiated by Rob Walker Sound Ltd.

11. TERMINATION

The Licensee’s right to use any of the sound effects libraries provided by The Licensor will automatically terminate in the event of any breach by The Licensee of the terms of this Agreement. On the written demand of The Licensor, The Licensee agrees that The Licensee shall immediately destroy all copies of the sound effects in The Licensee’s possession and/or control. The Licensor reserves the right to pursue legal recourse in the event of any breach regardless of The Agreement being cancelled.

12. JURISDICTION

These Terms are to be governed by and interpreted according to English law. This means a Contract for the purchase and use of sound effects libraries from Rob Walker Sound Ltd, and any dispute or claim arising out of or in connection with it or these Terms will be governed by English law. All disputes arising under them will be subject to the exclusive jurisdiction of the English courts.

This is a binding legal agreement between you (the Licensee), and Rob Walker Sound Ltd (the Licensor). The purchasing and use of any of the sound effects libraries from Rob Walker Sound Ltd constitutes the acceptance of these terms. Anyone found breaching this agreement will be subject to criminal and civil penalties and liable for monetary damages. Please respect the work done to create these libraries.