Surge Sounds LLC – EULA (End User License Agreement) and LICENSE

The terms “we”, “us” and “our” refer to Surge Sounds LLC.
The terms “assets” and “files” refer to all files, samples, presets, sound recordings, audio files and wav files contained in our products.

All files purchased from surgesounds.com or our affiliates are under the protection of United States Copyright Law and International Treaty provisions.

All legally purchased Surge Sounds LLC products and files therein are licensed to be used royalty-free in your commercial music production. This royalty-free license only applies to legal purchases from surgesounds.com or our affiliates.

All assets and files contained in Surge Sounds LLC products are released under license. We maintain and control all the rights to all assets and files included in our products.

ALL USE OF THESE ASSETS AND FILES ARE SUBJECT TO THIS LICENSE AGREEMENT. BY PURCHASING AND USING THESE ASSETS AND FILES, YOU ARE AGREEING TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND CONSENT TO BE BOUND BY, AND BECOME A PARTY TO, THIS AGREEMENT. SURGE SOUNDS LLC’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS ARE CONSIDERED AN OFFER BY SURGE SOUNDS LLC, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

1. License Grant, Use, and Restrictions.

Subject to the terms and conditions of this Agreement, Surge Sounds LLC hereby grants you a nonexclusive, nontransferrable license (the “License”) to use the enclosed sound recordings in your media productions in whatever medium you choose.

YOU MAY:
Licensee may sell and distribute said media commercially and maintain all profit without providing a royalty to Surge Sounds LLC. All rights not expressly granted herein are reserved.

Licensees have the non-exclusive right to use the Sound Recordings as a soundtrack “synced” with visual images, games or theatrical works.

Licensees have the non-exclusive right to use the Sound Recordings as part of a public viewing or broadcast of their production.

YOU MAY NOT:
Reproduction or duplication of these assets and files, or any of the sound recordings contained therein, either as they exist, or by any means of reformatting, mixing, filtering, re-synthesizing, processing, or otherwise editing for use in another product or for resale, is strictly prohibited without the express written consent of Surge Sounds LLC.

All unauthorized copying, giving, trading, lending, renting, reissuing, redistributing or reselling of Surge Sounds LLC’s products, or any of the sounds they contain, is expressly prohibited.

Use of these sounds in Surge Sounds LLC’s products are limited to use within original musical compositions.

THE SOUNDS IN SURGE SOUNDS LLC’S PRODUCTS ARE GUARANTEED TO BE 100% COPYRIGHT CLEAN.

Licensee may not claim copyright ownership (via Content ID or any other automatic system of automatic audio matching) on any demo track, project file or construction kit unless they have edited and altered the track significantly to where the track would not be recognized as identical audio to the original demo track production created by Surge Sounds LLC in the Youtube Content ID system or similar.

2. Title, Copyright, and Other Rights.
The assets and files are owned by Surge Sounds LLC.  The assets and files are also protected by United States Copyright Law and International Treaty provisions. Surge Sounds LLC retain all right, title and interest in the assets and files and all copies and portions thereof. Title, ownership rights, and intellectual property rights in and to the content accessed with the assets and files is the property of the applicable content owner and may be protected by applicable copyright or other law. This License gives you no rights to such content. This Agreement does not grant you any intellectual property rights in the assets and files.

3. Disclaimer of Warranty.
These assets and files are provided “as is” and Surge Sounds LLC and its licensors and suppliers make no warranties. express, implied, or otherwise, and expressly disclaim all warranties, including warranties of merchantability, non-infringement of third-party rights, and fitness for any particular purpose. Surge Sounds LLC and its licensors and suppliers do not and cannot warrant the performance or results you may obtain by using the assets and files. Some states do not allow exclusions of an implied warranty or limitations on how long an implied warranty may last, so this disclaimer may not apply to you.

4. Limitation of Liability.
Notwithstanding anything to the contrary, neither Surge Sounds LLC, nor its licensors and suppliers, shall be liable with respect to any subject matter of this agreement under tort, contract, strict liability, or any other legal theory for (a) any indirect, special, incidental, or consequential damages of any character, including, without limitation, damages for loss of goodwill, data, profit or savings, work stoppage, or computer failure or malfunction; (b) any damages in excess of Surge Sounds LLC’s list price for a license to the assets and files; or (c) for any claims by any third party, even if Surge Sounds LLC, its representative, or its licensors or suppliers shall have been informed of the possibility of such damages. Some states do not allow exclusions or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.

5. Termination.
The License granted will terminate automatically if you fail to cure any material breach of this Agreement within thirty (30) days of written notice, or immediately without notice in the case of a breach. Upon termination, you shall immediately cease all use of the assets and files and return or destroy all copies of the assets and files. Except for the License granted and except as otherwise expressly provided herein, the terms of this Agreement shall survive termination. Termination is not an exclusive remedy and all other remedies will be available whether or not the license is terminated.