LICENSE INFORMATION
Tracknockers USER LICENSE AGREEMENT
BY USING THE Tracknockers WEBSITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.
1. Use of Sounds. All sounds available from Tracknockers ("Sounds") are licensed, not sold, to You by Tracknockers. Tracknockers is either the owner or licensee of the Sounds. The payment You make to download the Sounds gives You the perpetual, non-exclusive right to incorporate these Sounds in any audiovisual production ("Production"), such as a film, television show, advertisement, website, videogame, or other media production, without paying any additional royalties, license fees, or any other fees to Tracknockers or third parties.
You may not distribute, sell, rent, lease, sublicense, assign, or otherwise transfer any of the Sounds except as incorporated in a Production. You may not distribute the Sounds independently of a Production, or with any directions or instructions as to how the Sounds may be extracted from a Production, or with any invitation, suggestion or authorization that the Sounds may be extracted from a Production. You may not alter or delete any "watermark" or other ordinarily imperceptible identifier embedded within the Sounds.
You may not distribute the Sounds, either in native format or reformatted, filtered, re-synthesized or otherwise edited, for use as sounds, multi-sounds, samples, multi-samples, programs or patches in a sampler, sample playback unit, website, compact disc, DVD or computer. The Sounds cannot be used as source playback from ROM or chip sets or embedded in any chip set.
You agree that all information that You provide to Tracknockers at any and all times is accurate, complete and not misleading in any material respect. You will not disclose access codes or passwords used in accessing any area of the Tracknockers website to any other party and will maintain such codes or words as confidential. You will exercise due diligence and maintain strict safeguards on all Sounds received by You from Tracknockers to prevent unauthorized use or distribution thereof. If You become aware of any unauthorized use or distribution of the Sounds, You shall immediately notify Tracknockers via email at copyright@Tracknockers.com or by phone at 877-Tracknockers.
2. Indemnification. You will indemnify, save, hold harmless and defend Tracknockers from and against any and all claims, demands, suits, damages, liabilities and all reasonable expenses, including attorneys' fees, against or suffered by Tracknockers with respect to any matter that arises as a result of a breach of this Agreement by You.
3. Injunctive Relief. You acknowledge that Tracknockers has a proprietary interest in the Sounds and that any use by You that intends to frustrate the purpose of this Agreement, including but not limited to selling, renting, or otherwise distributing the Sounds independently of a Production would cause irreparable injury to Tracknockers in way that could not be adequately compensated by damages. You agree that, in the event of such improper use, Tracknockers shall be entitled to an immediate injunction without the requirement of posting a bond (to the fullest extent permissible by law).
4. Disclaimer of Warranties.Tracknockers expressly disclaims all warranties of conditions of any kind, express or implied, including without limitation, the implied warranty of title, non-infringement, merchantability and fitness for a particular purpose.
5. Limitation of Liability. You agree that Tracknockers's cumulative liability with respect to any claims made in relation to or arising out of this agreement on any theory or basis will not exceed the license fee paid by You for the Sounds.
6. Choice of Laws; Jurisdiction. This License Agreement will be governed by and construed in accordance with the laws of the State of New York without regard to its conflicts of laws provisions. You agree that the exclusive jurisdiction for any action relating to this License Agreement will be in the federal or state courts with jurisdiction encompassing New York City, New York and You hereby consent to such jurisdiction.
7. Entire Agreement. This License Agreement constitutes the entire agreement between Tracknockers and You with respect to the Sounds.
