BOOM CRACK SOUNDS LTD END USER LICENSE AGREEMENT
Last updated: 24.06.18
Please read this End User License Agreement ("Agreement") carefully before downloading or using THE RED SET ("Software"). By downloading or using the Software, you are agreeing to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement do not download or use the Software.
BOOM CRACK SOUNDS LTD grants you a revocable, nonexclusive, nontransferable, limited license to download, install and use The Software solely for your personal purposes in your original musical compositions and productions, strictly in accordance with the terms of this Agreement.
You agree not to, and you will not permit others to: a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Software or make the Software available to any third party. You are strictly forbidden to include any content contained within The Software into any other sample instrument, library, commercial library of musical and/or sound effect samples, or software or hardware of any kind without prior written consent.
The Software is provided “AS IS” without warranty of any kind, express of implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement. BOOM CRACK SOUNDS LTD renounce any warranty that The Software will be error free, and may cause damage to your laptop/desktop computer(s) or to you.
In no event shall BOOM CRACK SOUNDS LTD be liable for any claim, damage or other liability arising from, out of or in connection with The Software. You are wholly liable for any damage or loss incurred as a result of operating The Software.
Term and Termination
This Agreement shall remain in effect until terminated by you or BOOM CRACK SOUNDS LTD.
BOOM CRACK SOUNDS LTD may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from BOOM CRACK SOUNDS LTD, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Software and all copies thereof from your laptop or desktop computer(s).
Upon termination of this Agreement, you shall cease all use of the Software and delete all copies of the Software from your mobile device or from your desktop.
BOOM CRACK SOUNDS LTD retains full copyright privileges and complete ownership of all recorded sounds, instrument programming, documentation, source code, artwork, graphics and anything that The Software contains. All rights not expressly granted to you are reserved.
No refunds are available if you have downloaded The Software.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
You agree to defend BOOM CRACK SOUNDS LTD, its subsidiaries, affiliates and/or their respective successors and assigns, officers, directors, employees, agents, licensors, representatives, advertisers, business and promotional partners, operational service providers, suppliers, resellers and contractors (the “BOOM CRACK SOUNDS LTD Indemnified Parties”) against any and all claims, demands and/or actions and indemnify and hold the BOOM CRACK SOUNDS LTD Indemnified Parties harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys’ fees), resulting from any breach or violation of this EULA, infringement, misappropriation or any violation of the rights of any other party, violation or noncompliance with any law or regulation, the breach or violation of any term or condition of your Agreement with us, any use, alteration or export of The Software or otherwise in connection with this EULA. We reserve the right to assume, at our expense, the exclusive defence and control of any claims or actions and all negotiations for settlement or compromise, and you agree to fully cooperate with us upon our request.
Law and Jurisdiction
This Agreement shall be governed by and will be construed in accordance with English Law. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the English Courts
Amendments to this Agreement
BOOM CRACK SOUNDS LTD reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
If you have any questions about this Agreement, please contact us.