By purchasing this product you agreed below to the terms of this agreement, you agreed to the terms, conditions and limitations of use contained in this agreement. You purchased a license to use copyrighted audio files from Klankbank. The rights associated with this license are available to you only. The license is nontransferable, which means you cannot sell or give another individual or entity the right to use the audiofile. Unauthorized resale of Klankbank audio products is prohibited. You may not sell, lend, or giveaway, any of the licensed audio files, in whole, part, to third parties. Licenses to companies or entities, such as corporations, partnerships, and trusts, are available under separate terms and conditions. Please contact Klankbank for details. All rights not expressly granted are hereby reserved.
Klankbank granted you the conditional right to use all or a portion of the licensed audio files in your own product without further payment (royalty free). The sounds licensed under this agreement may be reproduced by you, provided that your product contains an additional element: i.e. voice, music, image, etc. Examples of allowed uses are inclusion in self-produced radio programs, podcasts, mobile apps, television broadcasts, film soundtrack, music albums, PowerPoint presentations, websites, advertising, multi-media presentations, video games and other similar products. The rights under this license are limited and granted to a single sole user and do not extend to a company.
The audio files licensed under this agreement, may not be used in any product that is primarily nature audio and therefore would compete with other present and future Klankbank products. Primarily, for the purposes of this agreement, is defined as containing pure nature sounds (without voice, music, human or machine sounds or other non-natural sounds) for at least 50% of the total elapsed time of the product. Examples of prohibited products would be environmental soundscape albums, internet radio programming consisting of only nature sounds, nature videos without narration, some mobile applications, and ringtones. If in doubt inquire with Klankbank before using.
Uses prohibited under this license may be licensed under separate agreement—contact Klankbank for details.
Klankbank 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.
You warranted that the name entered under “Licensee” during completion of the purchase order is your full and correct current legal name.
In the event of loss or damage of product you may re-order from Klankbank at a nominal fee. Klankbank shall keep a composite list of all licensees.
All derivatives of licensed audio files, whether created in part or whole of the file licensed by this agreement, either by mixing, editing, processing or any other means remain bound by the terms and restrictions of this Agreement.
License is Lifetime of the named Licensee.
Duplication and Storage
You may transfer the licensed audio files to one local hard drive and also make one additional backup copy for your personal use. This license does not allow you to upload to a server or make copies available to other un-licensed users.
In the event of a breach of this agreement, action may be taken against you by Klankbank, the owner of the copyrighted materials, or its successor in interest. Licensee agrees that any court action to enforce the terms of this agreement will occur in the State of Washington, Kitsap County, or in the current state and county of the registered home office of Klankbank. The non-prevailing party in any action brought for breach of this agreement will be responsible for payment of the prevailing party’s attorney fees, costs, court fees, and resulting damages.
The Licensee shall not hold Klankbank responsible for any loss of business or business profits resulting directly or indirectly from the performance of any Klankbank product. Klankbank’s liability is limited solely to replacement of the product.