Single Use End-User License Agreement (EULA) for Evocative Sound and Visuals Sound Effects Libraries

First, make sure you or your business entity (for an employee acting on behalf of an organization) are purchasing the correct End-User License for your needs. Only Individual Licenses are available through the website or any website/webshop that Evocative Sound and Visuals work with to sell and distribute Content. If you represent a business that will have more than one user, then a Multi-User License is required. If you represent a museum, a Museum License is required. Please contact sales at evocativesound dot com. Evocative Sound & Visuals operates the website h​ttps://www.evocativesound.com​ (the “website”).

The following terms and conditions constitute a legally binding Agreement (“Agreement”) between you, a single sole user (“Licensee”), and Evocative Sound & Visuals (“Licensor”). By visiting this website, and/or purchasing a Library from this website or a website distributing it on Evocative Sound and Visual’s behalf, you acknowledge that you have read the terms of this End-User License Agreement (“EULA”), understand it, and agree to be bound by its terms and conditions. You are purchasing a Media License (“License”), granted worldwide and unlimited in time, to receive a copyrighted audio file (hereinafter “Content”) from Evocative Sound and Visuals. The nontransferable rights associated with this file are available to you only, granting you the conditional right to use all or a portion of the licensed audio files in your product without further payment (royalty-free). All rights not expressly granted to you hereunder are reserved by Evocative Sound and Visuals.

Rights Granted (Things You Can Do with the Content)

  • The right to reproduce, duplicate and release the Content as part of your product/production in whatever medium you choose to create one single End Product provided that you use the Content “synchronized” with your soundtrack containing additional elements so that it is larger in scope and different in nature than the Content. Examples of End Products include: video tape, CD ROM, DVD, digital formats, self-produced radio programs, podcasts, live performances, mobile apps, television broadcasts, film soundtrack, music albums, PowerPoint presentations, websites, advertising, multi-media presentations, video games
  • You can manipulate the sound effect files however you wish. Examples: stretch/pitch-shift, loop, edit, transpose or reverse
  • You can layer the Content with other sounds in your production
  • You may create copies of the Content for workflow purposes or as an emergency backup, but they cannot be distributed to a 3rd party
  • You can create the End Product for yourself or for one client. If you create the End Product for a client, then this license is transferred to your client with the End Product (and you may no longer make use of the Item)

Restrictions (Things You Cannot Do with the Content)

  • This is a “single application” license for one single End Product. You will need a separate license for each different End Product
  • You cannot resell or re-distribute the Content as a standalone product in whole or in part, to third parties.
  • Licensee is not permitted to distribute or perform reproductions of the Content where these are not incorporated in and synchronized with other media productions, including but not limited to relaxation and meditation apps, ringtones and ringback, toys, product design, sound effects, stock, in a tool or template, greeting cards, web or app-based soundboards, hardware devices, media authoring tools or with source files.
  • Usage, whether in whole or in part, for training, improving, or developing any Neural Networks (NN), Artificial Intelligence (AI) or Machine Learning (ML) models or algorithms, whether for commercial or non-commercial use is strictly permitted.
  • The audio files licensed under this agreement may not be used in any product that could compete with any Evocative Sound & Visuals Content.
  • You must not permit an end user to extract the Content and use it separately from the End Product

Warranty

  • Evocative Sound & Visuals warrants that it has full authority to license the audio files of its products under the terms of this agreement and that our products do not infringe on the rights of any third party.

Duplication and Storage

  • Licensee may transfer the Licensed Material to one local, stand-alone workstation. A “workstation” is defined as a single standalone computer on which the Licensed Material is installed. One additional storage copy is allowed for archival, and emergency backup purposes.
  • This license does not allow Licensee to upload to a server or make copies available to unlicensed users. Any use or storage of the Licensed Material on additional Workstations, either over a network or on one or more standalone Workstations, is prohibited without an additional license from Evocative Sound and Visuals.

Liability

  • The Licensee shall not hold Evocative Sound & Visuals responsible for any damages whatsoever, including, without limitation, damages for loss of business, business information, business profits, or any other pecuniary loss resulting directly or indirectly from the use of or inability to use any Evocative Sound product.
  • Evocative Sound’s liability is limited solely to the replacement of the product.
  • All product and company names, either mentioned in the text or displayed through images on this site, are trademarks™ of their respective holders. Use of them does not imply any affiliation or endorsement by them. 

Indemnity

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

Intellectual Property Rights

Unless otherwise stated, all rights to the Content herein are owned by the Licensor and other than the license rights granted in this Agreement all rights remain the property of the Licensor. The Licensee must not claim ownership or authorship of the Content.

Term

  • This license agreement is effective on the date of purchase and is effective in perpetuity of the named Licensee. The Licensee’s right to use the Content will automatically terminate in the event of any breach by the Licensee of the terms of this EULA. In the event of termination, the Licensee shall delete or destroy all copies that the Licensee has produced.

License Holder

  • You warrant that the name entered under “Licensee” during the completion of the purchase order is your full and correct current legal name.

License Replacement

  • In the event of loss or damage to the product, you may re-order from Evocative Sound & Visuals at a nominal fee.

Copyright Notice

These sound effects are owned by © 2016–2024 Evocative Sound and Visuals, All Rights Reserved. Unauthorized duplication is a violation of applicable federal laws of the United States, the state of Ohio, and international treaties. Sound effects may not be re-recorded, duplicated, or resold without the express written consent of Evocative Sound and Visuals. If you do not agree with the terms of this EULA, do not use the Content.

Other License Terms

  • You can only use the Content for lawful purposes
    You cannot use Content in connection with defamatory, obscene or demeaning material, or in connection with sensitive subjects
    You must not use the Content in violation of any export laws that apply to you
    You cannot claim ownership of the Content, whether it’s in original form or altered

Further Questions?

Contact sales at evocativesound dot com

Definitions

You = yourself or an employee acting on behalf of an organization

rev. 9-18-2024