SOUND LIBRARIES – End-User License Agreement

Single User License

*Last Updated: 4/4/2018

• License agreement for users of Sound Libraries purchased through THOMA REX BEVERLY AUDIO (www.thomasrexbeverly.com) (as “Licensor”).

• This end user license agreement (the “Agreement”) is entered into between you, a single user natural person (the “Licensee”), who has purchased one or more sound effect libraries through the creator of these sound effect libraries (the “Licensor”). For multi-user licenses, please use the form below.

• This Agreement covers one or more sound libraries purchased by the Licensee via the Licensor which appears from the invoice that the Licensee receives following the purchase (the “Sound Libraries”).

• The Licensor is the creator of the Sound Libraries stated as such on the Licensor’s website and listed on the invoice which the Licensee receives following the purchase.

• By accepting this EULA the Licensee agrees to be bound by the terms and conditions set out in this EULA.

1. Grant of License
   In consideration for the purchase of the Sound Libraries the Licensor grants the Licensee a worldwide, non-exclusive, perpetual, royalty free license to use the sounds in the Sound Libraries (“Sounds”) on the terms and conditions set out in this Agreement.

2. Rights Granted
   The license granted in this agreement allows the Licensee to:
   a. install and use the Sound Libraries on one workstation at a time, although the Licensee is permitted to make and keep backup copies of the Sound Libraries on other storage devices, and
   b. distribute and publicly perform reproductions of the Sounds, where these are incorporated in and synchronized with other media productions, which shall mean products that contains at least one additional media element to the Sounds (music, voice, image, etc.), including but not limited to radio and television broadcasts, film, music compositions, web sites, podcasts, mobile apps, advertising, multi-media presentations, video games and similar.

3. Restrictions
   The Licensee is not permitted to distribute or perform reproductions of the Sounds where these are not incorporated in and synchronized with other media productions, including but not limited to in toys, product design, greeting cards, ringtones, applications such as soundboards, hardware devices, media authoring tools etc.
   To the furthest extension permitted by law, the Licensee is prohibited from adapting, modifying or repackaging any Sounds, except as permitted in Clause 2.

4. Intellectual property rights
   All rights to the Sound Libraries and the Sounds herein are owned by the Licensor and other than the license rights granted in this Agreement all rights in the Sounds and Sound Effect Libraries remain the property of the Licensor. The Licensee must not claim ownership or authorship of the Sounds or the Sound Libraries.

5. Termination
   The Licensee’s right to use the Sound Libraries will automatically terminate in the event of any breach by the Licensee of the terms of this Agreement. In the event of termination, the Licensee shall delete or destroy all copies of the Sound Libraries which the Licensee has produced.

6. Indemnity
   The Licensee shall indemnify Licensor from, and against any and all claims, demands, suits, awards, damages, suits, injuries, liabilities and all reasonable expenses, including attorney’s fees incurred by the Licensor with respect to any matter that arises as a result of the Licensee’s breach of this Agreement.

7. Liability
   Licensor 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 of Licensor’s Sounds.

8. Assignment
   To the furthest extension permitted by law, the Licensee must not assign, license, sublicense, sell or otherwise assign the Sounds to any third party, except as set out in Clause 2.B.

9. Applicable Law
   This Agreement is governed by the law of Pennsylvania.

Mult-User License

The standard sound library license here on THOMAS REX BEVERLY AUDIO is for 1 user, but if you need more users/seats than that, multi-user licensing is available at discount rates.

1. Rights Granted 
   a. Other than the right to have additional users/seats, the multi-user license is the same as the single-user license.
   b. Sound libraries can be installed on one workstation for each license purchased under a multi-user license. 
   c. If a "multi-user: unlimited users/seats license" is purchased by an institution, the sound libraries can be installed on a server accessible only to staff, faculty, or students at that institution.

Please use the form below to let me know what libraries you’re interested in, and how many users / seats you need. I’ll then make you a custom coupon code for your special multi-user discount.

Museum License

The standard sound library license here on THOMAS REX BEVERLY AUDIO is for 1 user, but my recordings are also available for use in museum exhibits. 

All sound libraries distributed by THOMAS REX BEVERLY AUDIO are sold under license. By purchasing this sound library under the museum license, you agree to the following terms and conditions:

1. Rights Granted
   a. You may use THOMAS REX BEVERLY AUDIO sounds in physical exhibits that contain nature audio without the requirement of an additional synchronized element. Example: You may play audio clips from High Desert Thunderstorms as part of an exhibit at a natural history museum.
   b. To use THOMAS REX BEVERLY AUDIO sound libraries for commercial purposes other than a physical exhibit, you must follow the terms of the single user license agreement.
   c. All rights granted under the single user license are also included in the museum license.