The following license agreement End User License Agreement (EULA) is granted to you when you buy an original sound or sound library from Soundaviary.

In these terms and conditions, the following words and phrases have the following meaning:

 

Term Meaning
Synchronised Work has the meaning given in clause 3.2(a).
Intellectual Property Rights means all copyright, trade mark, design, patent, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms and conditions both in Australia and throughout the world.
Synchronisation Licence has the meaning given in clause ‎3.1.
Sound has the meaning given in clause ‎2.
Soundaviary means Christopher John Saville ABN 68 363 880 operating under the business name Soundaviary.
Website means Soundaviary’s website, being www.soundaviary.com and any other websites Soundaviary operates with the same domain name and a different extension.

This document sets out the terms and conditions of the Synchronisation Licence granted to you when you buy an original sound from the Website (Sound).

3.1. GRANT OF SYNCHRONISATION LICENCE

When you buy a Sound or collection of Sounds (a “Sound Library”) from the Website, Soundaviary grant to you a non-exclusive, non-transferrable, worldwide, perpetual and revocable licence to use the Sound in accordance with these terms and conditions (Synchronisation Licence).

3.2. RIGHTS GRANTED

(a) The Sound must only be used to create works via synchronisation with audio or visual media (for example, a film, tv show, song, advertisement or video game) (Synchronised Work).

(b) You must not resell, rent, sublicense, transmit, assign, upload, download, transfer, distribute or otherwise use or deal with a Sound in anyway except to create Synchronised Works. You may however use or deal with Synchronised Work without restriction provided the use or dealing of the Synchronised Work does not conflict with these terms and conditions.

3.3. RESTRICTIONS

(a) You must not use or deal with a Sound except to create a Synchronised Work.

(b) You must not or attempt to copy or reproduce a Sound (including by extracting a Sound from Synchronised Work).

(c) You must not allow anyone or encourage anyone to use a Sound in breach of these terms and conditions

(d) You must not change or delete any “watermark” or any other identifier embedded in a Sound.

(e) You may only make one copy of a Sound to store in one of your personal devices. Once the copy has been made, you may not make any additional copies.

 

(a) Soundaviary retains all Intellectual Property Rights in the Sounds

(b) You agree to not claim ownership or authorship of any Sounds.

(a) Your use of any Sound is entirely at your own risk. Soundaviary is not liable to you for any loss or damage you suffer because of your use of any Sound.

(b) Soundaviary do not guarantee any meta data or other information included with a Sound is accurate or complete.

(c) You indemnity Soundaviary and hold Soundaviary harmless from and against any loss (including reasonable legal costs) or liability incurred or suffered by Soundaviary as a result of your breach of these terms and conditions or your negligent, fraudulent or criminal act or omission.

(d) Nothing in these terms and conditions are intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided by Soundaviary.

(e) To the maximum extent permitted by law, under no circumstances will Soundaviary be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection a Sound, a Synchronisation Licence, these terms and conditions or their subject matter (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

If you use, deal or allow or encourage anyone to use or deal or Soundaviary reasonably suspects you are using, dealing or allowing or encouraging anyone to use or deal with a Sound in any way that is in breach of these terms and conditions Soundaviary may, and without notifying you, revoke your Synchronisation Licence and stop you from using the Sound.

7.1. GOVERNING LAW AND JURISDICTION

These terms and conditions re governed by the law applying in New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms and conditions. You irrevocably waive any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

7.2. SEVERANCE

Any term of these terms and conditions which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms and conditions are not limited or otherwise affected.

7.3. ASSIGNMENT

You cannot assign, novate or otherwise transfer any of your rights or obligations under these terms and conditions.

7.4. INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (currency) a reference to $; or “dollar” is to Australian currency;

(c) (gender) words indicating a gender includes the corresponding words of any other gender;

(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(g) (These terms and conditions) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of These terms and conditions, and a reference to These terms and conditions includes all schedules, exhibits, attachments and annexures to it;

(h) (document) a reference to a document (including these terms and conditions) is to that document as varied, novated, ratified or replaced from time to time;

(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and

(k) (adverse interpretation) no provision of these terms and conditions will be interpreted adversely to a party because that party was responsible for the preparation of these terms and conditions or that provision.