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DECEMBER 2021
End User License Agreement BOOM LIBRARY for Multiple Users
IMPORTANT - READ CAREFULLY: This BOOM Library Multi End-User License Agreement (or
"MULA") is a legal agreement between you as a customer (either an individual, a single entity or a
business – hereinafter “CUSTOMER”) and BOOM Library (visit www.boomlibrary.com/about for
the official legal company details and address) for the BOOM Library Audio Content you have
licensed which includes the following: (i) designed sound effects, (ii) source sound files and (iii)
any printed, "online" or electronic documentation (altogether: “CONTENT”). By licensing, copying
or otherwise using the CONTENT, you agree to be bound by the terms of this MULA. If you do not
agree to the terms of this MULA, do not use the CONTENT. Copyright laws and international
copyright treaties, as well as other intellectual property laws and treaties protect the CONTENT.
The rights granted herein are non-transferable and must be validated by proof of purchase. All
rights not expressly granted to you hereunder are reserved by BOOM Library.
USERS AND WORKSTATIONS:
CUSTOMER shall be entitled to use the CONTENT within the given license specifications
(“altogether MEDIA LICENSE”) for the TERM and the number of AUDIO USERS as specified
during the purchase process. For the avoidance of doubts, the users can be, without limitation,
the employees of the CUSTOMER, CUSTOMERs contractors and subsidiaries, like for example
audio programmers, level designers, artist, etc., while AUDIO USERS are defined as employees
and/or contractors of the CUSTOMER and sound designers working under written contract of
CUSTOMER actively accessing and working with the CONTENT.
“WORKSTATIONS” are personal computers, notebooks and digital workstations for audio and
post-production which are being used by AUDIO USERS.
In the event that an AUDIO USER is no longer employed by CUSTOMER or under written
contract by CUSTOMER, all CONTENT obtained under this AGREEMENT, including any
incomplete product which in any way uses CONTENT, with the exception of any PRODUCTION
(as defined below) must be deleted from the former user’s hard drives, WORKSTATIONS, and
any other storage media, physical or otherwise or any other copies no matter how stored. Copies,
in whole or in part, may not be retained by persons who no longer qualify as AUDIO USERS
under this AGREEMENT. The CUSTOMER may add AUDIO USERS during the TERMS of this
AGREEMENT for an increase of LICENSE FEE prorated to the existing LICENSE FEE either
directly (for BUY OUT licenses) or in the following yearly payment (for SUBSCRIPTION licenses).
The rights associated with this AGREEMENT are available only to CUSTOMER and its AUDIO
USERS. These rights are not transferable or assignable without the express written AGREEMENT
of BOOM Library except as described below.
GRANT OF LICENSE:
In consideration of the license fee (“LICENSE FEE”) you paid (and for our FREE download
packs), BOOM Library grants a “MEDIA LICENSE” to you and your assignees (subject to the
transfer limitations herein). The MEDIA LICENSE for this product is granted the number of AUDIO
USERS as specified by CUSTOMER during the purchase process. The MEDIA LICENSE can be
granted as a SUBSCRIPTION or as a BUY OUT.
All CONTENT provided hereunder is licensed, but not sold, to you by BOOM Library, for
commercial, educational, and non-commercial use in any means and media now known or
hereafter devised (e.g., videogame, radio, film and TV productions, audio/video post-production,
interactive media, broadcast, online media, multimedia, or similar productions, including physical
and digital distribution of such productions and any promotion or advertising related thereto) that
are produced by you during the TERM of this AGREEMENT worldwide (altogether:
“PRODUCTION”).
The TERM of this AGREEMENT is either perpetual (BUY OUT license) or limited in years as
defined below through the TERM of the SUBSCRIPTION (SUBSCRIPTION license).
This AGREEMENT includes the worldwide, royalty-free, non-exclusive right to combine or sync
the CONTENT into such PRODUCTIONS without (i) paying any additional license fees to BOOM
Library or any third party other than the License Fee set forth herein; (ii) obtaining additional
clearances or permissions; or (iii) providing source attribution to BOOM Library or any third party.
The MEDIA LICENSE includes mechanical, synchronization, public performance and broadcast
rights.
The MEDIA LICENSE grants the worldwide right to you to use, re-record, duplicate, incorporate,
modify, adapt, embed, and exploit all or a portion of the CONTENT without further payment to
BOOM Library or any third party (royalty free) in your PRODUCTION for the TERM of this
AGREEMENT. The CONTENT may be reproduced by you provided that the PRODUCTION
contains an additional audio element that is not sound effects only (i.e. voice, music) Examples of
allowed uses are, without limitation, inclusion in video games and mobile applications, radio and
TV streaming & broadcast, , film soundtrack, PowerPoint presentations, websites, advertising,
multi-media presentations, and other similar products.
For the avoidance of doubt: in case that the MEDIA LICENSE is granted within a
SUBSCRIPTION, the MEDIA LICENSE remains in place for sustained use for all your
PRODUCTIONS that are produced during the TERM of the SUBSCRIPTION. Any
PRODUCTIONS which rightfully use the CONTENT may continue to use the CONTENT and any
files derived from CONTENT after expiration or termination of this AGREEMENT in perpetuity.
LICENSE PURCHASE:
Payments for the purchase of the MEDIA LICENSE either as a BUY OUT or as a
SUBSCRIPTION are defined as the “LICENSE FEE” in this agreement. Any rights to the
CONTENT as stated in the MEDIA LICENSE are only transferred to you after the full LICENSE
FEE has been paid by you and received by us. Without receipt of the payment of the LICENSE
FEE, you do not own a valid MEDIA LICENSE.
BUY OUT License:
Upon full payment of the LICENSE FEE the MEDIA LICENSE is granted to you in perpetuity.
SUBSCRIPTION License:
The TERM of the SUBSCRIPTION shall commence upon receipt of the first yearly LICENSE FEE
payment. The minimum TERM of a SUBSCRIPTION is 3 (three) years. The LICENSE FEE is to
be paid as a yearly upfront payment. The SUBSCRIPTION TERM automatically extends for
additional 12 months periods, if the SUBSCRIPTION is not cancelled in writing (email sufficient) at
least 7 days prior to the next auto-renew date. For each additional 12 months period, the yearly
upfront payment of the LICENSE FEE is due.
All rights to CONTENT are terminated at the date the TERM of the SUBSCRIPTION expires
(except as defined as “Sustained Use” in the GRANT OF LICENSE). Upon expiration you shall
delete all CONTENT from the hard drives and any other storage media, physical or otherwise or
any other copies no matter how stored (other than in and in connection with any
PRODUCTIONS).
LIMITATIONS:
This MEDIA LICENSE expressly forbids any unauthorized inclusion of the CONTENT or new
audio content derived from or based on the CONTENT or new audio content resulting from mixing
the CONTENT with other audio content in whole or in part in:
1. Any library (e.g. sample instrument, sound effects library, production music as single
accessible stems, etc.),
2. In any product that is primarily a sound product. Primarily, for the purposes of this
agreement, is defined as containing pure sound effects using CONTENT (without voice,
music) for at least 50% of the total elapsed time of the product. Examples of restricted
products would be soundscape albums, sound effect collages on YouTube, ambient
sound videos without narration.
3. Usage as pre-installed sounds in any physical / hardware device or toy, online or offline
4. Usage of the CONTENT to develop or train neural networks, AI systems or machine
learning systems.
If in doubt inquire or in case you want to include our CONTENT in any such way mentioned in the
LIMITATIONS, please contact us to obtain an AUDIO DEVELOPER LICENSE to our CONTENT.
1. If you create your own sound effect stems for musical purposes (e.g. trailer production
music stems) using BOOM Library sounds, please make sure to not use BOOM Library
sounds “in the clear”, meaning unmixed with other elements. To achieve that, please
make sure to: Use multiple sound sources (not only BOOM Library), like some original
element (e.g. a synth rise)
2. Use additional musical elements (can be non-tonal, percussive only), like cymbal sweeps,
whooshes, etc.
3. Mix BOOM Library sounds with these other sound sources in the stem mix, so that no
BOOM Library sounds is “naked” in that stem mix.
The MEDIA LICENSE also forbids any re-distribution method of the CONTENT, through any
means, including but not limited to, re-selling, trading, sharing, resampling, mixing, processing,
isolating, or embedding into software or hardware of any kind, for the purpose of re-recording or
reproduction as part of any free or commercial library of musical and/or sound effect samples
and/or articulations, or any form of musical sample or sound effect sample playback system or
device.
REPRESENTATION:
BOOM Library owns and controls the rights represented herein with respect to the CONTENT that
are subject to this Agreement. BOOM Library has and will hold throughout the Territory and during
the Term the above listed rights to exploit the CONTENT as set forth herein. BOOM Library shall
indemnify and hold you harmless from any and all claims, liabilities and costs, losses, damages or
expenses (excluding attorney’s fees) arising out of any breach of these representations.
LIABILITY FOR DAMAGES
BOOM Library is not liable for any damages whatsoever (including, without limitation, damages for
loss of business profits, business interruption, loss of business information, or any other pecuniary
loss) arising out of the use of or inability to use any BOOM Library product, even if BOOM Library
has been advised of the possibility of such damages.
BOOM Library will not be responsible if the CONTENT does not fit your purpose. The CONTENT
is licensed 'as is' without warranties of any kind. Any similarity to any other CONTENT is purely
unintentional. BOOM Library cannot be held responsible for any direct, indirect, or consequential
loss arising from the use of any sound samples and software licensed from this site in whatever
form, or consequential loss arising from a delayed or lost shipment.
BOOM Library does not accept returns unless you have a defective product. Defective products
will be exchanged for the same product for a period of 90 days. No refunds will be given for
downloaded CONTENT.
PAYMENT & SHIPPING PROCESS:
After payment (see: LICENSE FEE) has been received you will automatically get an email with
download links to the products purchased. If you purchase a boxed product it will be sent to you
within 14 days after payment. If you choose the credit card payment option, your card will be
debited immediately after the order has been fully placed.
INTERNATIONAL CUSTOMERS AGREE TO BE RESPONSIBLE FOR ANY IMPORT DUTIES
OR TAXES. THESE ARE NOT INCLUDED IN OUR SHIPPING CHARGES.
REFUNDS:
Downloaded libraries can't be returned, so we can't provide refunds. We may choose to do so at
our own discretion, but please be aware that as soon as you've downloaded it, you can't return it.
VIOLATION:
This product uses two forms of non-destructive copy protection: user specific finger printing
combined with an online detection system, monitoring over 400 TV channels and 75 million
websites worldwide.
Users who try to get past the copy protection or otherwise violate the terms of this licensing
agreement are subject to criminal and civil penalties and liable for monetary damages. Please
respect our work and do not copy it. The more support we get from you, the more and the better
products we will be able to release in the future.
CHANGES OF EULA:
BOOM Library reserves the right to revise, update or change certain terms of this EULA for
security, legal, best practice, or regulatory reasons. Such changes will be effective with prior
notice to you via email. If any future changes to this EULA are unacceptable to you or cause you
to no longer be in agreement or compliance with this EULA, you may terminate this EULA and
uninstall the CONTENT and all copies thereof. Your continued use of the CONTENT following any
revision to this EULA constitutes your acceptance of all such changes.