FEDERICO SOLER FERNÁNDEZ

EULA


Federico Soler End User License Agreement

 

License Agreement for Users of Federico Soler Sample Packs and Sound Effects (“Sound Effects”).

 

IMPORTANT - READ CAREFULLY: This Federico Soler End-User License Agreement (or “EULA" or “Agreement”) is a legal agreement between Licensee (either an individual or a single entity, hereafter referred to as “the Licensee”) and Federico Soler (hereafter referred to as “the Licensor” or “Federico Soler”) for the Federico Soler digital goods and services, mainly in the form of copyrighted Sample Packs and Sound Effects (hereafter referred to as “Sound Effects”) Licensee has licensed from its website www.federicosolerfernandez.com (hereafter referred to as “the Website”) which can be downloaded after paying a license fee, and which is applicable to:

 

  • Online and digital delivery of licensed material (altogether:“Licensed Material”).

By purchasing, downloading, licensing, copying, or otherwise using the Licensed Material, Licensee hereby agree to and are bound by the terms and conditions of this EULA. The Licensee’s use of the Licensed Material is subject to agreeing to the conditions in this License Agreement.

 

If Licensee do not fully agree to the terms of this EULA, Licensee may not use, copy, keep or store the Licensed Material.

 

Upon purchasing a Licensed Material from the Website, Federico Soler grants the Licensee a worldwide, non-exclusive, royalty-free synch license to use all or any of the Licensed Material in accordance with the terms and conditions laid out in this Agreement.

 

This Agreement does not authorize or permit any use of the Licensed Material not expressly set forth herein or to make any other use of the Licensed Material not expressly authorized hereunder. Any use of the Licensed Material other than as authorized under this License is prohibited. All rights not expressly granted by Licensor are hereby reserved.

 

The Licensed Material is licensed, not sold, and the rights granted herein are validated by proof of purchase. The rights granted herein are non-transferable or assignable, and all rights not expressly granted to Licensee hereunder are reserved by Federico Soler.

 

Anyone found breaching this agreement will be subject to criminal and civil penalties and liable for monetary damages.

 

  • Grant of License

 

In consideration of payment of the license fee, Federico Soler grants to the Licensee through this EULA the following limited, non-exclusive, non-assignable, and non-transferable worldwide, perpetual right to use, edit and synchronize the Licensed Material.

 

  • Rights Granted

 

The license granted in this Agreement allows Licensee to:

 

  • Use the Licensed Material for the purposes of synchronization or timed relation with other audio and/or audio-visual in commercial and non-commercial broadcast and/or non- broadcast productions (hereinafter referred to as “Project”) the Licensee is involved with, which includes but is not limited to: interactive projects, self-produced radio programs, podcasts, mobile apps, television broadcasts or video program, film soundtrack, motion picture or television productions, music albums, PowerPoint presentations, advertising, multimedia presentations, theatre productions, radio plays, computer and video games, animation, advertisement, CD or DVD-ROM, commercial sound recording, websites, Internet or other media production, software product, personal ringtone, or other media or  multimedia production without paying any additional royalties, license fees, any other fees, or giving any acknowledgement to Federico Soler.
  • Publicly perform the Licensed Material in respect of those Projects.
  • Licensee may use the Licensed Material on an unlimited number of projects for the duration of the Term.
  • Licensee may use the Licensed Material for personal and commercial projects without attribution to the original creator.
  • Licensee may re-record, edit, duplicate and release the Licensed Material as part of Licensee’s or Licensee’s clients’ production in whatever medium Licensee choose.

Furthermore, this Agreement grants the following uses:

 

  • Web. The right to use the Licensed Material as part of a personal or commercial website (hereinafter "Website Element").
  • Television Broadcast (Laser Drop Sync). The right to include the Licensed Material in local, regional, national, and international terrestrial and cable television broadcast productions, including commercials, programs, PSAs, Infomercials, and Jingles.
  • Radio Broadcast (Laser Drop). The right to include the Licensed Material in terrestrial, Internet streaming, and cable radio broadcast productions including commercials, programs, PSAs, Infomercials, and Jingles.
  • Film and Videograms. The right to include the Licensed Material in films, videocassettes, DVDs, and CD-ROMs.
  • Compact Disc. The right to include the Licensed Material as part of a sound recording and to mechanically reproduce copies of said sound recording in compact disc format or any other similar configuration now known or hereinafter invented.
  • Software. The right to use the Licensed Material as part of a software program (including a software based game).
  • Ringtones. The right to use the Licensed Material as a personal ringtone.
  • Podcast. The right to include the Licensed Material as part of a sound recording and to mechanically reproduce copies of said sound recording in a downloadable digital audio file format (e.g., mp3, .wav, WMA) or any other similar configuration now known or hereinafter invented.

 

  • Restrictions on Uses/Limitations

 

The license granted in this agreement is personal to Licensee and limited to Licensee’s Projects and as such does not permit Licensee to:

 

  • Transfer, copy, or duplicate the Licensed Material by itself, either in whole or in part, other than in timed-relation with the Projects with the exception that Licensee may make copies for backup or archive purposes. Further, the Licensed Material, apart from the Projects, may not be resold, licensed, leased or in any way distributed to any third party without the express written permission of Federico Soler.
  • The Licensee may not distribute the Licensed Material independently of a Production, in that Licensed Material may be synchronized 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” sounds.
  • Licensee may distribute, publicly display, publicly perform, or publicly digitally perform the Licensed Material only under the terms of this License. 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.
  • Licensee shall not make the Licensed Material available in a manner intended to allow or invite a third party to download, extract, redistribute or access the Licensed Material as a standalone file, and Licensee shall exercise due diligence and maintain strict safeguards in order to ensure that no third party is able to do so.

 

  • Use in Sound Library/Distribution

 

This License Agreement excludes any isolated and/or independent use of the Licensed Material. The use of the Licensed Material for the creation of a sound library or audio samples or for any sample-based product — even if modified — is strictly prohibited. In addition, the Licensed Material may not be repackaged in whole or part as sample libraries or audio samples or digital instrument patches or any other product, without the prior written permission of Federico Soler. Further, Licensee is not allowed to claim authorship of the samples.

 

  • Duplication and Storage

 

This license does not allow Licensee to upload to a server or make copies available to un-licensed users.

 

  • Copyright

 

Federico Soler owns and controls the rights represented herein with respect to the Licensed Material that are subject to this Agreement. All rights, title, interest, and copyrights in and to the Licensed Material (including without limitation, any images, photographs, animations, video, audio, music, and text incorporated into the Licensed Material) and any copies of the Licensed Material are owned by and remain the property of Federico Soler. Federico Soler has and will hold throughout the Territory and during the Term the above listed rights to exploit the Licensed Material as set forth herein.

 

  • Termination

 

The Licensee’s right to use any of the Licensed Material from Licensor will automatically terminate in the event of any breach by Licensee of the terms of this Agreement and upon written demand from Licensor, Licensee agrees to immediately destroy all copies of the Licensed Material and all of its component parts in Licensee’s possession or control.

 

Any continued use of the Licensed Material by Licensee shall constitute an intentional infringement of the copyrights in and to the Licensed Material. The Licensor hereby reserves all their rights to legal and financial remedies and relief.

 

Notwithstanding the above, Licensor reserves the right to release the Licensed Material under different license terms or to stop distributing the Licensed Material at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.

 

Upon notice from Licensor, or upon Licensee’s knowledge that any Licensed Material may be subject to a claim of another’s right for which Licensor may be liable, Licensor may require Licensee to immediately and at their own expense (i) stop using the Licensed Material; (ii) delete or remove the Licensed Material from its premises, computer systems and storage (electronic and physical); and (iii) ensure that its clients do likewise. Licensor shall provide Licensee with comparable Licensed Material (which comparability will be determined by Licensor in its reasonable commercial judgment), free of charge, but subject to the other terms and conditions of this Agreement.

 

  • Indemnity/Liability for Damages

 

Any similarity to any other Licensed Material is purely unintentional. As stated above, Federico Soler cannot be held responsible for any direct, indirect, or consequential loss arising from the use of Licensed Material licensed from the Website in whatever form, or consequential loss arising from a delayed or lost delivery. The entire risk arising out of use or performance of the Licensed Material remains with Licensee. The Licensee will indemnify, save, hold harmless and defend Licensor and its affiliated, related or subsidiary companies and its and/or their employees, directors, officers, agents, shareholders, successors, assigns or licensees from, and against any and all losses, costs, claims, demands, suits, damages, liabilities and all reasonable expenses (including, without limitation, reasonable attorneys’ fees, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use of any Federico Soler product, even if Federico Soler has been advised of the possibility of such damages.

 

The Licensee agrees that Federico Soler’s entire liability with respect to any claims made in relation to or arising out of this Agreement shall in no event exceed the actual license fee paid by Licensee. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to Licensee.

 

  • Third Parties

 

Where a purchaser is licensing Licensed Material on Licensee’s behalf, purchaser hereby represents and warrants that: (i) purchaser is authorized to act as an agent on Licensee’s behalf and has full power and authority to bind Licensee’s to this Agreement; and (ii) if Licensee subsequently dispute such power or authority, purchaser shall be liable for any failure of Licensee’s to comply with the terms of this Agreement.

 

Nothing contained in this Agreement is intended to benefit any third parties not specifically herein enumerated, and no person or entity is entitled to any benefits as a third party beneficiary hereunder on account of any obligation of the parties hereto; it being expressly understood that the benefits, duties and obligations of any of the parties hereunder are solely and exclusively the rights and obligations of said parties and are not intended to benefit any third parties unless expressly stated to the contrary herein.

 

  • Entire Agreement/Severance

 

This License Agreement contains the entire agreement between Licensor and the Licensee regarding the licensing, use, and liability limitations related to the use of Federico Soler products, in particular the aforementioned Licensed Material. There are no understandings, agreements or representations with respect to the Licensed Material not specified therein. Licensor shall not be bound by any additional provisions that may appear in any communication from Licensee.

 

No term or provision of this License Agreement may be amended, altered, modified, waived, and no breach consented to in any way except in writing or conducted by both sides via the Federico Soler Website, specifying such an amendment, alteration, modification, or waiver, executed by both Federico Soler and the Licensee.

 

If any part of this License Agreement is deemed contrary to law, invalid, unenforceable under applicable law, or partially or entirely void in any way by any law or court of law, the remaining provisions of the License Agreement will remain in full force and effect.