End-User License Agreement (EULA)
License agreement for users of Sound Libraries purchased through on the Site operated by Michael Ghelfi, Lausanne – Switzerland (the “Licensor”). This end user license agreement (the “Agreement”) is entered into between you (the “Licensee”), who has purchased a license to use one or more Sounds and Michael Ghelfi (the “Licensor”). This Agreement covers license(s) to the Sounds purchased by the Licensee via any medium (Bandcamp, iTunes, this Site, etc.) which appears from the invoice that the Licensee receives following the purchase of a license of the Site (the “Licenses” from www.michaelghelfi.com). The Licensor is the creator of the Sounds listed on the invoice which the Licensee receives following the purchase. By accepting this Agreement the Licensee agrees to be bound by the terms and conditions set out herein
1. Grant of License
In consideration for the purchase of the license(s) to the Sounds via the Site, the Licensor grants the Licensee worldwide, non-exclusive, perpetual, royalty-free license(s), FOR A SINGLE PROJECT to use the Sound(s) on the terms and conditions set out in this Agreement. On the invoice that the Licensee receives following the purchase it is stated for which project the license to the Sounds the Licensee has been granted, according to the Licensee’s own reported project name, on the time of purchase.
2. Rights Granted
The license(s) granted in this Agreement allows the Licensee to:
Distribute and publicly perform reproductions of the Sounds, where these are incorporated in and synchronized with the media productions stated on the time of purchase by the Licensee(“Project Type”), which shall mean products that contains at least one additional media element to the Sounds and must correspond to the Project Type.
Sounds cannot be modified in their structural composition, but can be subject to common modifications such as :
- Cropping Sounds length
- Seamless loop blending
- Multiple Sounds blending
- And so on
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 stated on the time of purchase. To the furthest extension permitted by law, the Licensee is prohibited from adapting or modifying any Sounds, except as permitted in Clause 2.
4. Intellectual property rights
All rights to the Sounds are owned by the Licensor and other than the license rights granted in this Agreement all rights in the Sounds remain the property of the Licensor. The Licensee must not claim ownership or authorship of the Sounds.
Credits must or must not be given depending on the options chosen at the time of purchase. Failing to credit the Licensor properly represents a breach of the present EULA as set out in Clause 5.
Proper credits require the Licensee to properly display informations regarding the Licensor, allowing Licensee’s clients and/or users to find out with minimum efforts who made the audio. Required informations are the name of the Licensor and what he did, such as : “Ambiences composed by Michael Ghelfi”. Optional informations are mentions of the Licensor’s website, YouTube Channel and Patreon, if the medium used allows it.
The Licensee’s right to use the Sounds 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 licenses which the Licensee has produced.
The Licensee shall indemnify Licensor from, and against any and all claims, demands, suits, awards, damages, 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.
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.
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.
9. Applicable Law
This Agreement is governed by the law of Switzerland without giving effect to the Uniform Law on the International Sale of Goods and the Uniform Law on the Formation of Contracts for the International Sale of Goods.