Licensing Agreement

TAKOMA PARK MEDIA, INC. END USER LICENSE AGREEMENT

TERMS AND CONDITIONS 

All Takoma Park Media Group, Inc. (“Takoma Media”) royalty-free products (“product” or “sound”, also in the plural) are sold to you under this non-transferable license for synchronization rights only. By accepting any Takoma Media product, you acknowledge and agree to the following terms, conditions and limitations of use. In the event of a breach of this End User License Agreement (“License Agreement”), actions may be taken against you directly by the owner of the copyright.

Takoma Media products are sold to you with a lifetime non-transferable license. If you sell, lease, or otherwise distribute or transfer any Takoma Media product to another party, the rights and limitations to Takoma Media products as outlined in this License Agreement are in effect for the life of the product and pass automatically to the end user of the product. Further, if you transfer ownership of any Takoma Media product to another party, or take ownership of a Takoma Media product from any source other than Takoma Media, you should contact Takoma Media immediately to register ownership.

All rights not expressly granted herein are reserved.

PERMITTED USES

Takoma Media sounds may be (subject to the limitations listed in this License Agreement) added to any feature film, video, television or radio broadcast, website, Flash animation, podcast, instructional DVD, computer game, software program, or web application. Takoma Media sounds subject to this License Agreement may also be used in a theater performance, art gallery, museum, or performance piece.

LIMITATIONS

Copyright infringement is a serious offense. You are not authorized to transfer, re-record, copy or duplicate any Takoma Media product, in whole or in part, for any purpose not authorized under this License Agreement without express written authorization from Takoma Media; to resell, give away, or otherwise distribute Takoma Media sounds as sound effects individually or in a collection; to repurpose Takoma Media products for resale as ring tones or other sound effect products; to post or make available (through any delivery method now known or which shall become known) Takoma Media sounds as a separate sound effect product; or to in any way distribute Takoma Media products subject to this License Agreement as a separate sound. You are not authorized to make copies of any Takoma Media product except as may be designated to a single, stand-alone workstation for the sole purpose of specific audio/visual synchronization at your own facility. This License Agreement extends to one copy of the Takoma Media product at any given time. Before selling or otherwise disposing of computers, hard drives, discs, or other electronic equipment containing Takoma Media products, you must first delete and permanently remove all Takoma Media products and copies thereof.

WARRANTY

Takoma Media warrants that your use of a Takoma Media product in accordance with this License Agreement does not infringe on any third-party proprietary rights.

LIABILITY

Takoma Media accepts no responsibility for any loss of business or business profits resulting directly or indirectly from the performance of any Takoma Media product. Takoma Media's liability is limited and restricted solely to replacement at no charge of the Takoma Media product in question. Takoma Media and/or its distributors do not accept any liability or responsibility towards the buyer or any other person or legal entity for claims resulting from loss, liability or damage of any kind, which, directly or indirectly, proved or not proved, arise from the use of any Takoma Media product, even when Takoma Media or its distributors have been given prior information. This exclusion of liability is also effective for any interruptions of service, loss of business or profits, and any damages arising from the purchase, utilization, or operation of Takoma Media's products. All conceivable steps have been taken to guarantee the correctness of the data and functions.

No waiver of rights is made or implied by Takoma Media's failure to act in a particular instance.