Licensing

Licensing Agreement

MECHANICAL WAVE. END USER LICENSE AGREEMENT

TERMS AND CONDITIONS

All MECHANICAL WAVE. (“Mechanical Wave”) royalty-free products (“product” or “sound”, also in the plural) are sold to you under this non-transferable license for synchronization rights only.

By accepting any Mechanical Wave product, you acknowledge and agree to the following terms, conditions, and limitations of use.

In the event of a breach of this End User License Agreement (“License Agreement”), actions may be taken against you directly by the owner of the copyright. Mechanical Wave products are sold to you with a lifetime non-transferable license. If you sell, lease, or otherwise distribute or transfer any Mechanical Wave product to another party, the rights, and limitations to Mechanical Wave products as outlined in this License Agreement are in effect for the life of the product and pass automatically to the end user of the product.

Further, if you transfer ownership of any Mechanical Wave product to another party, or take ownership of a Mechanical Wave product from any source other than Mechanical Wave, you should contact Mechanical Wave immediately to register ownership.

PERMITTED USES

Mechanical Wave sounds may be (subject to the limitations listed in this License Agreement) added to any feature film, video, television or radio broadcast, website, Flash animation, podcast, instructional DVD, computer game, software program, or web application.

Mechanical Wave sounds subject to this License Agreement may also be used in a theater performance, art gallery, museum, or performance piece.

LIMITATIONS

Copyright infringement is a serious offense.

You are not authorized to transfer, re-record, copy or duplicate any Mechanical Wave product, in whole or in part, for any purpose not authorized under this License Agreement without written authorization from Mechanical Wave ; to resell, give away, or otherwise distribute Mechanical Wave sounds as sound effects individually or in a collection; to repurpose Mechanical Wave products for resale as ring tones or other sound effect products; to post or make available (through any delivery method now known or which shall become known) Mechanical Wave sounds as a separate sound effect product; or to in any way distribute Mechanical Wave products subject to this License Agreement as a separate sound.

You are not authorized to make copies of any Mechanical Wave product. This License Agreement extends to one copy of the Mechanical Wave product at any given time.

Before selling or otherwise disposing of computers, hard drives, disks, or other electronic equipment containing Mechanical Wave products, you must first delete and permanently remove all Mechanical Wave products and copies thereof.

WARRANTY

Mechanical Wave warrants that your use of a Mechanical Wave product in accordance with this License Agreement does not infringe on any third-party proprietary rights.

LIABILITY

Mechanical Wave accepts no responsibility for any loss of business or business profits resulting directly or indirectly from the performance of any Mechanical Wave product. Mechanical Wave's liability is limited and restricted solely to replacement at no charge of the Mechanical Wave product in question.

Mechanical Wave and/or its distributors do not accept any liability or responsibility towards the buyer or any other person or legal entity for claims resulting from loss, liability or damage of any kind, which, directly or indirectly, proved or not proved, arise from the use of any Mechanical Wave product, even when Mechanical Wave or its distributors have been given prior information.

This exclusion of liability is also effective for any interruptions of service, loss of business or profits, and any damages arising from the purchase, utilization, or operation of Mechanical Wave's products. All conceivable steps have been taken to guarantee the correctness of the data and functions. No waiver of rights is made or implied by Mechanical Wave failure to act in a particular instance.