End-User License Agreement (EULA)
This Audio Shade End-User License Agreement (or “EULA”) is a legal agreement between you (either an individual or a single entity) and Audio Shade (“Audio Shade”) for the audio assets you have purchased or acquired as a free giveaway via www.audioshade.com which includes the following: (i) audio files, (ii) images associated with the audio files, (iii) and the text and visual metadata embedded within the files (altogether: “ASSETS”) you have licensed. By licensing, copying or otherwise using the ASSETS, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not use the ASSETS. Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the ASSETS. The rights granted herein are non-transferable and have to be validated by proof of purchase. All rights not expressly granted to you hereunder are reserved by Audio Shade.
GRANT OF LICENSE
In consideration of the license fee you have paid, Audio Shade grants a “MEDIA LICENSE” to you (subject to the transfer limitations herein).
The MEDIA LICENSE for this product is granted only to a single user. In order to purchase a multi-user license, please contact Audio Shade directly.
All ASSETS in this product are licensed, but not sold, to you by Audio Shade for commercial and non-commercial use in music, sound-effect, audio/video post-production, performance, broadcast or similar finished content-creation and production use.
The MEDIA LICENSE includes the non-exclusive right to combine the ASSETS you’ve purchased for commercial recordings without paying any additional license fees or providing source attribution to Audio Shade.
The MEDIA LICENSE includes:
1. Mechanical Rights
The right to re-record, duplicate and release the ASSETS as part of your product/production in whatever medium you choose (i.e. video tape, film, CD ROM, DVD, Blu-Ray, and any other digital formats). This does not include the right to resell the ASSETS as a standalone product in whole or in parts.
2. Synchronization Rights
The right to use the ASSETS 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 ASSETS 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 is granted worldwide and unlimited in time.
LIMITATIONS
This MEDIA LICENSE expressly forbids any unauthorized inclusion of the ASSETS in any library (e.g. sample instrument, sound effects library, etc.) online or offline without the express written consent of Audio Shade.
The MEDIA LICENSE forbids any re-distribution method of the ASSETS, through any means, including but not limited to, re-selling, trading, sharing, resampling, mixing, processing, isolating, or embedding into software or hardware of any kind, for the purpose of re-recording or reproduction as part of any free or commercial library of musical and/or sound effect samples and/or articulations, or any form of musical sample or sound effect sample playback system or device.
The MEDIA LICENSE forbids the use of extracting, processing, and/or analyzing the ASSETS for use in audio research and may include the training of algorithms, neural networks, and/or AIs, for machine learning, machine hearing, or other related purposes, including non-commercial and commercial Generative-AI Research and Non-Generative-AI Research, and all results and proceeds of the foregoing, including, without limitation, derivative works, created and/or used in any way by you.
OWNERSHIP
Audio Shade owns and controls the rights represented herein with respect to the ASSETS that are subject to this Agreement. In other words, we went out into the world with expensive recording gear, spent countless hours recording sounds in the rain or the blistering desert, went back to the studio, edited the sounds on more expensive gear, agonizingly went through and added metadata for each and every audio file, and then finally paid a graphic artist to design the artwork for the library. Respect this hard work and do not share these ASSETS since you do not own them.
LIABILITY FOR DAMAGES
Audio Shade shall not be liable for any damages or for any loss of business or business profits, business interruption, or any other direct or indirect loss resulting directly or indirectly from the use of any ASSETS.
Audio Shade will not be responsible if the ASSETS do not fit your particular purpose. The ASSETS are licensed ‘as is’ without warranties of any kind.