TERMS & CONDITIONS

Contents

BOOM Library End-User License Agreement (Single User)
BOOM Library Enterprise License Agreement (Multi-User)
Audio Processing Software Plug-In EULA
Audio Creation Software Plug-In EULA
Software Plug-Ins – Appendix A: Third-Party Licenses
Quiet Planet Products License Agreement (Single User)
Quiet Planet Products License Agreement (Multi User)

BOOM LIBRARY | END-USER LICENSE AGREEMENT (SINGLE USER)

This End-User License Agreement (“EULA”) is a legal agreement between you (“Licensee” / “You”) and BOOM Library GmbH. By licensing or using the audio effects, source files, and documentation (“CONTENT”), you agree to these terms.

1. GRANT OF LICENSE

BOOM Library grants a worldwide, non-exclusive MEDIA LICENSE for commercial and non-commercial use in your productions (“PRODUCTION”), such as film, television, streaming series, music releases, video games, broadcast, advertising, podcasts, AR/VR experiences, theme-park installations, and any other audiovisual or audio-only work fixed in a tangible medium and intended for distribution or public communication.

Single User: This license is granted to one individual only.
Royalty-Free: No additional fees or attribution are required for synced use.
Rights Included: Mechanical, synchronization, public performance, and broadcast rights.
Condition of Use: You must combine the CONTENT with other elements (e.g., voice, music, or visuals). You cannot use the CONTENT “in the clear” or as a standalone product.

2. LICENSE PURCHASE, TERMS AND TAXES

BUY OUT: Full payment grants a perpetual license.
SUBSCRIPTION: Minimum 3-year term. During the active term, the Licensee may download, audition, edit, and integrate the CONTENT into PRODUCTIONS as defined in §1. CONTENT is deemed ‘used’ for the purposes of preserving the perpetual PRODUCTION license if it has been integrated into a PRODUCTION that was finalized — i.e., committed to a distribution master or equivalent — at any point during the active term. Upon expiration of the term:
- (a) PRODUCTIONS finalized during the active term remain licensed in perpetuity;
- (b) Raw CONTENT that has not been integrated into a finalized PRODUCTION must be deleted from all devices and backup systems within thirty (30) days of expiration;
- (c) The Licensee shall, upon BOOM Library’s request, sign a confirmation document as set out in Annex A.
Ownership: Rights are only transferred once the full LICENSE FEE is received.
Taxes: VAT is charged according to applicable laws; B2B customers may be subject to the reverse charge mechanism.

3. PROHIBITED USES (LIMITATIONS)

You are strictly forbidden from using the CONTENT for:

Standalone Redistribution: Reselling, trading, or sharing raw or processed files.
Sound Libraries: Inclusion in any sample library, virtual instrument, or “stem” pack where the CONTENT is the primary value.
Primary Sound Products: Products where CONTENT comprises >50% of the total time (e.g., soundscape albums or ambient videos without narration).
AI/ML Training: Developing or training Neural Networks, Artificial Intelligence, or Machine Learning models.
Hardware: Pre-installed sounds in physical devices/toys (requires an “Audio Developer License”).
Real-time Exploitation: You may not embed or include the CONTENT in any software, application, or hardware where it functions as a real-time audio tool, effect, or processor (e.g., Impulse Responses used in convolution reverbs) rather than a fixed element of a PRODUCTION.

4. REPRESENTATION & LIABILITY

Warranty: BOOM Library owns the CONTENT and will indemnify you against ownership claims.
“As Is” Clause: CONTENT is provided without warranties. BOOM Library is not liable for business loss or damages arising from the use of the product.
Refunds: Refunds are governed by the statutory right of withdrawal set out in §6. By expressly consenting at checkout to the immediate commencement of performance (i.e., the start of the download), the Licensee acknowledges that the right of withdrawal is extinguished at that point and that no refunds will be granted thereafter. Statutory warranty rights for defects remain unaffected.

5. VIOLATION & PROTECTION

This CONTENT uses digital fingerprinting and online monitoring. Violation of this agreement or bypassing copy protection may result in criminal and civil penalties.

6. CONSUMER INFORMATION & RIGHT OF WITHDRAWAL

Statutory Right: EU consumers generally have a 14-day statutory right of withdrawal.
Expiry: This right expires once performance begins (e.g., the download starts) with the consumer’s express consent.
Contracting Party: Purchases with EU billing addresses are concluded with BOOM Library GmbH. Purchases with non-EU billing addresses may be concluded with Smartsound LLC, an authorized reseller for all brands operated by BOOM Library GmbH. The applicable contracting party will be identified on the order confirmation and invoice.

7. FINAL PROVISIONS

Governing Law: German law applies.
Jurisdiction: The exclusive place of jurisdiction is Mainz, Germany.
Termination: This Agreement terminates automatically upon any material breach by the Licensee/CUSTOMER. Upon termination:
- (a) all rights to use, access, or store raw or unsynchronized CONTENT cease immediately, and the Licensee/CUSTOMER shall, within fourteen (14) days, delete all copies of the CONTENT from all devices, archives, and backup systems within its reasonable control, and confirm such deletion in writing upon BOOM Library’s request;
- (b) PRODUCTIONS that were finalized and delivered to the relevant audience or distribution channel prior to the date of termination remain licensed in perpetuity under the terms of this Agreement, provided that the underlying breach did not consist of an unlicensed use within those PRODUCTIONS;
- (c) BOOM Library reserves all rights to seek damages, injunctive relief, account of profits, and any other remedies available under applicable law; and
- (d) Sections relating to liability, governing law, jurisdiction, and confidentiality survive termination.

8. MODEL WITHDRAWAL FORM

(Complete and return this form only if you wish to withdraw from the contract)

To: BOOM Library GmbH, Kästrich 6, 55116 Mainz, Germany, service@boomlibrary.com

Use this text:

I hereby withdraw from the contract for the purchase of the following digital content: ________________________________

Ordered on: ________________

Name/Address of Consumer: ________________________________

Date: ________________

By clicking ‘I accept’ at checkout (or by accessing or using the CONTENT, whichever occurs first), the Licensee agrees to be bound by these terms. The Licensee confirms having had a reasonable opportunity to read this Agreement before acceptance.

ANNEX A — SUBSCRIPTION END-OF-TERM CONFIRMATION

The undersigned, ________________________ (Licensee name), confirms with respect to the BOOM Library subscription license (Order No. ____________) that, as of the expiration date of ____________:

All raw CONTENT downloaded under this license that has not been integrated into a finalized PRODUCTION has been permanently deleted from all devices, archives, and backup systems within the undersigned’s reasonable control.

The PRODUCTIONS listed in Schedule A.1 are the finalized works that rely on the CONTENT and that, in accordance with §2 of the Agreement, remain licensed in perpetuity.

The undersigned undertakes not to make any further use of raw CONTENT other than as embedded in the listed PRODUCTIONS.

Date: ________________

Signature: ________________________

Name and Title: ________________________

BOOM LIBRARY | ENTERPRISE LICENSE AGREEMENT (MULTI-USER)

This Enterprise License Agreement (“MULA”) is a legal agreement between the CUSTOMER (the business entity) and BOOM Library GmbH. By licensing or using the audio effects, source files, and documentation (“CONTENT”), you agree to be bound by these terms.

1. GRANT OF LICENSE

Authorized Users: The CONTENT may be accessed by the specific number of AUDIO USERS (employees or contractors) designated at the time of purchase.
Workstations: Users may install the CONTENT on professional workstations and notebooks used for production.
Termination of Access: When an individual is no longer employed or contracted by the CUSTOMER, they must delete all CONTENT from their personal devices.
Scalability: CUSTOMER may add more AUDIO USERS during the term for a prorated increase in the LICENSE FEE.
Assignment / Change of Control: This Agreement may not be assigned or transferred by the CUSTOMER, in whole or in part, without BOOM Library’s prior written consent, except in the case of a merger, acquisition, or sale of all or substantially all of the CUSTOMER’s assets, in which case the Agreement passes to the successor entity under the same number of AUDIO USERS, subject to written notice to BOOM Library within thirty (30) days of the transaction.
Rights Included: Mechanical, synchronization, public performance, and broadcast rights.
Condition of Use: CONTENT must be combined with other elements (voice, music, visuals). Standalone use or resale is prohibited.
Royalty-Free: No additional royalties or source attributions are required for synchronized use in a PRODUCTION.

2. LICENSE TYPES, TERMS AND TAXES

BUY OUT: Perpetual license upon full payment of the LICENSE FEE.
SUBSCRIPTION: Minimum 3-year term. During the active term, the CUSTOMER may download, audition, edit, and integrate the CONTENT into PRODUCTIONS as defined in §1. CONTENT is deemed ‘used’ for the purposes of preserving the perpetual PRODUCTION license if it has been integrated into a PRODUCTION that was finalized — i.e., committed to a distribution master or equivalent — at any point during the active term. Upon expiration of the term:
- (a) PRODUCTIONS finalized during the active term remain licensed in perpetuity;
- (b) Raw CONTENT that has not been integrated into a finalized PRODUCTION must be deleted from all devices and backup systems within thirty (30) days of expiration;
- (c) The CUSTOMER shall, upon BOOM Library’s request, sign a confirmation document as set out in Annex A.
Ownership: Rights are only transferred once the full LICENSE FEE is received.
Taxes: VAT is charged according to applicable laws; B2B customers may be subject to the reverse charge mechanism.

3. PROHIBITED USES (LIMITATIONS)

The CUSTOMER and its users may not:

Standalone Redistribution: Reselling, trading, or sharing raw or processed files.
Sound Libraries: Inclusion in any sample library, virtual instrument, or “stem” pack where the CONTENT is the primary value.
Primary Sound Products: Products where CONTENT comprises >50% of the total time (e.g., soundscape albums or ambient videos without narration).
AI/ML Training: Developing or training Neural Networks, Artificial Intelligence, or Machine Learning models.
Hardware: Pre-installed sounds in physical devices/toys (requires an “Audio Developer License”).
Real-time Exploitation: You may not embed or include the CONTENT in any software, application, or hardware where it functions as a real-time audio tool, effect, or processor (e.g., Impulse Responses used in convolution reverbs) rather than a fixed element of a PRODUCTION.

4. REPRESENTATION & LIABILITY

Warranty: BOOM Library warrants ownership of the CONTENT and provides indemnification against third-party ownership claims.
Liability: BOOM Library is not liable for business interruptions, loss of profits, or any damages arising from the use of the CONTENT. All CONTENT is licensed “as is.”
Refunds: Refunds are governed by the statutory right of withdrawal set out in §6. By expressly consenting at checkout to the immediate commencement of performance (i.e., the start of the download), the Licensee acknowledges that the right of withdrawal is extinguished at that point and that no refunds will be granted thereafter. Statutory warranty rights for defects remain unaffected.

5. VIOLATION & PROTECTION

This CONTENT uses digital fingerprinting and online monitoring. Unauthorized distribution or bypassing copy protection subjects the CUSTOMER to criminal and civil penalties.

6. CONSUMER INFORMATION & RIGHT OF WITHDRAWAL

Statutory Right: EU consumers generally have a 14-day statutory right of withdrawal.
Expiry: This right expires once performance begins (e.g., the download starts) with the consumer’s express consent.
Contracting Party: Purchases with EU billing addresses are concluded with BOOM Library GmbH. Purchases with non-EU billing addresses may be concluded with Smartsound LLC, an authorized reseller. The CUSTOMER warrants that it enters into this Agreement in the exercise of its commercial or independent professional activity. The CUSTOMER acknowledges that the consumer right of withdrawal does not apply, and that this Agreement is governed by the rules applicable to commercial transactions.

7. FINAL PROVISIONS

Governing Law: German law applies.
Jurisdiction: The exclusive place of jurisdiction is Mainz, Germany.
Termination: This Agreement terminates automatically upon any material breach by the Licensee/CUSTOMER. Upon termination:
- (a) all rights to use, access, or store raw or unsynchronized CONTENT cease immediately, and the Licensee/CUSTOMER shall, within fourteen (14) days, delete all copies of the CONTENT from all devices, archives, and backup systems within its reasonable control, and confirm such deletion in writing upon BOOM Library’s request;
- (b) PRODUCTIONS that were finalized and delivered to the relevant audience or distribution channel prior to the date of termination remain licensed in perpetuity under the terms of this Agreement, provided that the underlying breach did not consist of an unlicensed use within those PRODUCTIONS;
- (c) BOOM Library reserves all rights to seek damages, injunctive relief, account of profits, and any other remedies available under applicable law; and
- (d) Sections relating to liability, governing law, jurisdiction, and confidentiality survive termination.

By clicking ‘I accept’ at checkout (or by accessing or using the CONTENT, whichever occurs first), the CUSTOMER agrees to be bound by these terms. The Licensee confirms having had a reasonable opportunity to read this Agreement before acceptance.

ANNEX A — SUBSCRIPTION END-OF-TERM CONFIRMATION

The undersigned, ________________________ (CUSTOMER name), confirms with respect to the BOOM Library subscription license (Order No. ____________) that, as of the expiration date of ____________:

The PRODUCTIONS listed in Schedule A.1 are the finalized works that rely on the CONTENT and that, in accordance with §2 of the Agreement, remain licensed in perpetuity.

The undersigned undertakes not to make any further use of raw CONTENT other than as embedded in the listed PRODUCTIONS.

Date: ________________

Signature: ________________________

Name and Title: ________________________

BOOM LIBRARY – AUDIO PROCESSING SOFTWARE PLUG-IN | END USER LICENSE AGREEMENT

This license agreement is a single-user license agreement. For multi-user licenses and multi-user discounts, please contact us via service@boomlibrary.com.

The following End User License Agreement (“EULA”) represents the contractual conditions between you (“LICENSEE” or “You”) and BOOM Library (“BOOM”, visit www.boomlibrary.com/about for the official legal company details and address) for the use of audio software plug-ins including related media, documentation (e.g. manuals) and other documents and materials (e.g. presets) manufactured by BOOM (“SOFTWARE”).

BOOM offers two types of SOFTWARE:

Software / audio-plug-ins with which you can process any audio data that you provide (“AUDIO PROCESSING SOFTWARE”), e.g. any type of DSP, compressor, reverb, delay, etc.
Software / audio-plug-ins with which you can create new original sounds and / or new original sound sources and / or new audio data, not only processing audio data from outside, but also generating new audio source data (“AUDIO CREATION SOFTWARE”), e.g. any type of synth, AI audio generation, etc.

By installing and by registering the SOFTWARE on your computer, you declare yourself in agreement with these conditions. If you do not agree with these conditions, you are not allowed to install the SOFTWARE. Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the content. All rights not expressly granted to LICENSEE hereunder are reserved by BOOM.

Section 1 – Introduction:

1. What You Get:

You get to install the SOFTWARE on up to two (2) computers that you, only, use. They can be your computer in an edit bay and a laptop for the field, or your computer at work (or school) and your computer at home, etc.
Please note that you need a sequencer software to run our SOFTWARE which is not included in this license.
You can copy the SOFTWARE only once, for the sole purpose of making a backup copy.
If you need licenses for multiple people or more workstations, you will need to get a multi-user license from us. Please contact us for multi-user pricing.
If you are an educator and need a license for your lab, please contact us for educational pricing.
For all AUDIO PROCESSING SOFTWARE: you have the right to export, render out, re-record or otherwise save any type of sound, noise, music, pad (“WORK”) processed with our AUDIO PROCESSING SOFTWARE and its presets only as part of any video, game, film, or any other type of linear or adaptive final media production, including audio only or AI training projects (“PROJECT”). The usage rights for PROJECTS also include MEDIA PROJECTS that you didn’t do (e.g. PROJECTS of customers you work for), if the WORKS are made from the copy of the SOFTWARE you have on your computer and used as per our EULA.
Outside “PROJECTS” you cannot use the AUDIO PROCESSING SOFTWARE algorithms, presets or any type of implementation of the AUDIO PROCESSING SOFTWARE as such into AI training or runtime applications. This does not concern any audio / WORKS you create with the AUDIO PROCESSING SOFTWARE as long as you have the rights to use the audio / WORKS for such purposes. If you need access to the algorithms, presets of AUDIO PROCESSING SOFTWARE code or API, you need an AUDIO DEVELOPER LICENSE. This EULA does not cover usage of the SOFTWARE or parts thereof for AUDIO DEVELOPER PROJECTS.

If in doubt if a production is a PROJECT or an AUDIO DEVELOPER PROJECT, please contact us.

2. What You Don’t Get:

You don’t get to make any other copies of the SOFTWARE.
Please don’t share, crack or pirate our SOFTWARE – we are a small company, and unlicensed copies hurt our ability to make the SOFTWARE better for you and bring you new products in the future.
For all AUDIO PROCESSING SOFTWARE: you can use our AUDIO PROCESSING SOFTWARE to process any audio source data you have the rights to (“AUDIO DATA”) for sound effect libraries, sample libraries, music libraries or machine learning.

Section 2 – Ownership:

1. The enclosed SOFTWARE and related instructions are licensed (not sold) to you, and BOOM retains all ownership interests and intellectual property rights in the SOFTWARE.

Section 3 – Software License:

1. BOOM grants you a nonexclusive, nontransferable license to (i) install and use one copy of the SOFTWARE on up to no more than two (2) computers both of which must be owned and used by you and (ii) make one copy of the SOFTWARE for back-up or archival purposes only.

2. The SOFTWARE cannot be installed on a network server, without contacting us and asking for a Network License and / or Multiuser License required for each workstation served on such a network.

You may not:

copy (other than for a second computer owned and used by you and for back-up purposes), disclose, publish, export, distribute, rent, lease or sublicense;
remove any BOOM trademarks or copyright notices from;
modify, translate or prepare derivative works of;
use in a computer-based services business or publicly display visual output of;
transmit by audio, digital or other electronic means or post software on any file-sharing site or
reverse engineer, decompile or disassemble all or any portion of the SOFTWARE in any form, except as expressly licensed herein.

Section 4 – Audio Rights (Rights to the WORKS):

1. For AUDIO PROCESSING SOFTWARE, this EULA grants you the right to produce WORKS using our SOFTWARE by any means and for any type of PROJECTS. The WORKS can be created and / or processed using the presets included in the SOFTWARE. This license includes the worldwide, royalty-free, non-exclusive right to combine or sync the WORKS created and / or processed with our SOFTWARE with any type of PROJECT.

For these above-mentioned rights, you don’t need to:

Pay any additional license fees to BOOM or any third-party other than the purchasing cost of this license;
Obtain additional clearances or permissions; or
Provide source attribution to BOOM.

This license includes mechanical, synchronization, public performance and broadcast rights.

Section 5 – Limitations:

1. This license expressly forbids any unauthorized inclusion of the SOFTWARE or parts of the software code into applications or hardware products that you manufacture for your clients.

2. This license also forbids any stand-alone re-distribution method of our SOFTWARE, through any means, including but not limited to, re-selling, trading, sharing, re-compiling, mixing, processing, isolating, or embedding into other 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.

3. All licenses and rights under this license are nontransferable, which means that You may not sell, gift, or in any way allow another individual or business the rights obtained pursuant to this license except to Your affiliates and successors. If LICENSEE is an entity, or a business being acquired by another business or organized under another business name or tax entity, all licenses and rights under this AGREEMENT may be transferred provided that number of users and workstations has not increased, and BOOM is notified of this transfer in writing within 30 days.

4. AI/ML Training: This license does not allow any usage of SOFTWARE or parts thereof directly to be technically included, integrated or used for training Neural Networks, Artificial Intelligence, or Machine Learning models (requires an “AUDIO DEVELOPER LICENSE”).

5. Hardware: This license does not allow any usage of SOFTWARE to be technically included, integrated or used as pre-installed in physical devices/toys (requires an “AUDIO DEVELOPER LICENSE”).

6. Real-time Exploitation: This license does not allow to include SOFTWARE in any software, application, or hardware where it functions as a real-time audio tool, effect, or processor (e.g., Impulse Responses used in convolution reverbs) rather than a fixed element of a PROJECT (requires an “AUDIO DEVELOPER LICENSE”).

Section 6 – User Responsibility:

1. LICENSEE is responsible for installation, management and operation of the SOFTWARE. Further, LICENSEE agrees to indemnify, hold harmless and defend BOOM from and against all claims or lawsuits, including attorneys’ fees, that arise or result from any use or distribution of the SOFTWARE not expressly authorized in this EULA.

2. Warranty. BOOM warrants the SOFTWARE media (e.g. download) to be free from defects in materials and workmanship for a period of sixty (60) days from the date of purchase. BOOM will replace any such defective media returned to BOOM during such warranty period, provided such defect is not the result of improper use or neglect, or if BOOM is unable to do so, it will refund your price for such defective SOFTWARE. Replacement (or refund) is the exclusive remedy for any such defects, and BOOM shall have no liability for any other damages.

3. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL BOOM BE LIABLE FOR ANY KIND OF SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF BOOM HAS KNOWLEDGE OF SUCH POTENTIAL LOSS OR DAMAGE.

Section 7 – Termination and reservation of right:

1. This EULA is effective until terminated. You may terminate it at any time by destroying the SOFTWARE, including all computer programs and documentation, and erasing any copies residing on computer equipment. This EULA also will terminate if you do not comply with any terms or conditions of this EULA. Upon such termination you agree to destroy the SOFTWARE and erase all copies residing on computer equipment.

2. This EULA may be subject to alterations, due to changes in law, new distribution channels, acquisition of BOOM by a third-party entity, new rules applied by third party software providers on whom BOOM’s SOFTWARE relies. BOOM warrants that any such alteration will happen in the best interest of the LICENSEE and BOOM and that BOOM will inform LICENSEE in due time and in written form of any such changes.

Section 8 – Agreement:

1. This EULA expresses the entire understanding between you and BOOM and supersedes all other oral or written communications relating to the SOFTWARE. This EULA shall be governed and construed under the laws of the Federal Republic of Germany and subject to the exclusive jurisdiction of the courts therein.

2. Some content included in BOOM’s SOFTWARE, as well as any associated intellectual property rights and titles, belongs to third parties. This content may be protected by copyright or other intellectual property laws and treaties and may be subject to terms and conditions from the third party providing the content.

3. If any section of this EULA should be or become invalid, either completely or in part, this shall not affect the validity of the remaining sections. The parties agree that they make good effort to replace the invalid section with a valid regulation which comes as close as possible to the purpose originally intended.

BOOM LIBRARY – AUDIO CREATION SOFTWARE PLUG-IN | END USER LICENSE AGREEMENT

This license agreement is a single-user license agreement. For multi-user licenses and multi-user discounts, please contact us via service@boomlibrary.com.

BOOM offers two types of SOFTWARE:

Software / audio-plug-ins with which you can process any audio data that you provide (“AUDIO PROCESSING SOFTWARE”), e.g. any type of DSP, compressor, reverb, delay, etc.
Software / audio-plug-ins with which you can create new original sounds and / or new original sound sources and / or new audio data, not only processing audio data from outside, but also generating new audio source data (“AUDIO CREATION SOFTWARE”), e.g. any type of synth, AI audio generation, etc.

Section 1 – Introduction:

1. What You Get:

You get to install the SOFTWARE on up to two (2) computers that you, only, use. They can be your computer in an edit bay and a laptop for the field, or your computer at work (or school) and your computer at home, etc.
Please note that you need a sequencer software to run our SOFTWARE which is not included in this license.
You can copy the SOFTWARE only once, for the sole purpose of making a backup copy.
If you need licenses for multiple people or more workstations, you will need to get a multi-user license from us. Please contact us for multi-user pricing.
If you are an educator and need a license for your lab, please contact us for educational pricing.
For all AUDIO CREATION SOFTWARE: you have the right to export, render out, re-record or otherwise save any type of sound, noise, music, pad (“WORK”) processed and / or created with our AUDIO CREATION SOFTWARE and its presets only as part of any video, game, film, or any other type of linear or adaptive final media production (“MEDIA PROJECT”), not including audio only projects (see point 2.c. “What You Don’t Get”). The usage rights for MEDIA PROJECTS also include MEDIA PROJECTS that you didn’t do (e.g. MEDIA PROJECTS of customers you work for), if the WORKS are made from the copy of the SOFTWARE you have on your computer and used as per our EULA.
MEDIA PROJECTS are defined as any type of traditional entertainment or media productions that combine sound, other audio (e.g. music or voice over), graphics (e.g. video, film, pictures) and are in some way synchronized or embedded in a final end user product.
AUDIO DEVELOPER PROJECTS are defined as any software or media product / production and / or any type of audio only projects (not combined with any other non-audio media component like graphics), stand-alone audio / sound products, sound effects only, audio data processing, audio data training, hardware installations and products (toys, medical devices, any hardware with onboard sounds). This EULA does not cover usage of the SOFTWARE and any NEW AUDIO DATA created with the AUDIO CREATION SOFTWARE for AUDIO DEVELOPER PROJECTS.

If in doubt if a production is a MEDIA PROJECT or an AUDIO DEVELOPER PROJECT, please contact us.

2. What You Don’t Get:

You don’t get to make any other copies of the SOFTWARE.
Please don’t share, crack or pirate our SOFTWARE – we are a small company, and unlicensed copies hurt our ability to make the SOFTWARE better for you and bring you new products in the future.
For all AUDIO CREATION SOFTWARE: you cannot use our AUDIO CREATION SOFTWARE to create new audio source data (“NEW AUDIO DATA”) for sound effect libraries, sample libraries, music libraries or machine learning (“AUDIO DEVELOPER PROJECTS”), neither commercial, nor non-commercial, since this would hurt our business.
If you want to create NEW AUDIO DATA for AUDIO DEVELOPER PROJECTS using our AUDIO CREATION SOFTWARE, you need an “AUDIO DEVELOPER LICENSE” from us, please contact us for this.

Section 2 – Ownership:

1. The enclosed SOFTWARE and related instructions are licensed (not sold) to you, and BOOM retains all ownership interests and intellectual property rights in the SOFTWARE.

Section 3 – Software License:

2. The SOFTWARE cannot be installed on a network server, without contacting us and asking for a Network License and / or Multiuser License required for each workstation served on such a network.

You may not:

copy (other than for a second computer owned and used by you and for back-up purposes), disclose, publish, export, distribute, rent, lease or sublicense;
remove any BOOM trademarks or copyright notices from;
modify, translate or prepare derivative works of;
use in a computer-based services business or publicly display visual output of;
transmit by audio, digital or other electronic means or post software on any file-sharing site or
reverse engineer, decompile or disassemble all or any portion of the SOFTWARE in any form, except as expressly licensed herein.

Section 4 – Audio Rights (Rights to the WORKS):

1. For AUDIO CREATION SOFTWARE, this EULA grants you the right to produce WORKS using our SOFTWARE by any means and for any type of MEDIA PROJECTS. The WORKS can be created and / or processed using the presets included in the SOFTWARE. This license includes the worldwide, royalty-free, non-exclusive right to combine or sync the WORKS created and / or processed with our SOFTWARE with any type of MEDIA PROJECT but does not cover any AUDIO DEVELOPER PROJECTS.

For these above-mentioned rights, you don’t need to:

Pay any additional license fees to BOOM or any third-party other than the purchasing cost of this license;
Obtain additional clearances or permissions; or
Provide source attribution to BOOM.

This license includes mechanical, synchronization, public performance and broadcast rights.

Section 5 – Limitations:

1. This license expressly forbids any unauthorized inclusion of the SOFTWARE or parts of the software code into applications or hardware products that you manufacture for your clients.

4. AI/ML Training: This license does not allow any usage of SOFTWARE or NEW AUDIO DATA to be included, integrated or used for training Neural Networks, Artificial Intelligence, or Machine Learning models (requires an “AUDIO DEVELOPER LICENSE”).

5. Hardware: This license does not allow any usage of SOFTWARE or NEW AUDIO DATA to be included, integrated or used as pre-installed sounds in physical devices/toys (requires an “AUDIO DEVELOPER LICENSE”).

6. Real-time Exploitation: This license does not allow to create NEW AUDIO DATA with SOFTWARE that will be included in any software, application, or hardware where it functions as a real-time audio tool, effect, or processor (e.g., Impulse Responses used in convolution reverbs) rather than a fixed element of a MEDIA PROJECT (requires an “AUDIO DEVELOPER LICENSE”).

Section 6 – User Responsibility:

Section 7 – Termination and reservation of right:

Section 8 – Agreement:

APPENDIX A: SOFTWARE LICENSE AGREEMENTS OF THIRD PARTIES

Appendix A applies to both Audio Processing and Audio Creation Software Plug-Ins.

I – Inno Setup License:

Except where otherwise noted, all of the documentation and software included in the Inno Setup package is copyrighted by Jordan Russell. Copyright (C) 1997-2013 Jordan Russell. All rights reserved. Portions Copyright (C) 2000-2013 Martijn Laan. All rights reserved.

This software is provided “as-is,” without any express or implied warranty. In no event shall the author be held liable for any damages arising from the use of this software.

Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter and redistribute it, provided that the following conditions are met:

1.) All redistributions of source code files must retain all copyright notices that are currently in place, and this list of conditions without modification.

2.) All redistributions in binary form must retain all occurrences of the above copyright notice and web site addresses that are currently in place (for example, in the About boxes).

3.) The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software to distribute a product, an acknowledgment in the product documentation would be appreciated but is not required.

4.) Modified versions in source or binary form must be plainly marked as such, and must not be misrepresented as being the original software.

Jordan Russell, jr-2010 AT jrsoftware.org, http://www.jrsoftware.org/

II – Roboto Fonts

This application makes use of the Roboto fonts authored by Christian Robertson and made available through Google Fonts (fonts.google.com) under the terms of the Apache Software License v2.

Version 2.0, January 2004, http://www.apache.org/licenses/

1.) Grant of Copyright License: Subject to the terms and conditions of this License, Apache hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.

2.) Trademarks: This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.

3.) Disclaimer of Warranty: Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.

4.) Limitation of Liability: In no event and under no legal theory, whether in tort (including negligence) contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.

III – Steinberg VST License

VST PlugIn Technology by Steinberg Media Technologies and VST PlugIn Interface Technology by Steinberg Media Technologies GmbH.

LIMITATION OF LIABILITY

1.) Subject to the provisions in the following sub-sections, Steinberg shall only be liable, irrespective of the legal grounds, for damages caused by the intentional or grossly negligent conduct of Steinberg, its legal representatives, managerial employees or any other vicarious agents. In the case of damage caused by the grossly negligent conduct of any other vicarious agents, the liability shall be limited to those damages which must typically be expected within the scope of an agreement such as the present one. Any further liability other than as permitted under this agreement shall be excluded.

2.) Any liability of Steinberg for damages arising from violation of life, body and health, from the assumption of a guarantee or from a procurement risk as well as Steinberg’s liability for damages pursuant to the Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.

3.) To the extent the liability of Steinberg is excluded pursuant to the subsections of these provisions, this shall also apply to the benefit of Steinberg’s employees in the event the Licensee files any claims directly against them.

PRODUCT WARRANTY

1.) Steinberg licences the VST PlugIn Interface Technology on an “AS IS” basis. Steinberg makes no warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose, regarding the VST PlugIn Interface Technology or operation and use in combination with the Licensee’s program. Neither the Licensee, its employees, agents or Distributors have any right to make any other representation, warranty or promise with respect to the VST PlugIn Interface Technology.

2.) In no event shall Steinberg be liable for incidental, indirect or consequential damages arising from the use, or distribution of the VST PlugIn Interface Technology by the Licensee, whether theory of contract, product liability or otherwise. All claims for indemnification for losses by the Licensee itself or by third parties shall be excluded.

3.) Steinberg may in its sole discretion discontinue the distribution of the current VST PlugIn SDK and/or release improved versions of the Licensed Software Developer Kit but offers no commitment whatsoever those releases will occur at any time or for anybody.

INFRINGEMENT

1.) Steinberg represents and warrants that, as of the date of this Agreement, it is not aware of any claim or action alleging that VST, the VST PlugIn Interface Technology, or the content of the Licensed Software Developer Kit infringes any third party intellectual property right.

2.) Steinberg, however, disclaims any obligation of defense or indemnify of the Licensee or its customer with respect to any such claim or action, or otherwise arising out of this agreement. Steinberg shall have no liability arising out of any such actual or alleged intellectual property infringement. The Licensee, however, shall promptly notify Steinberg, in writing, of each such infringement claim of which the Licensee becomes aware. Steinberg may defend the Licensee against such claims. In such case, the Licensee is obligated to duly support Steinberg’s defense.

This is a software of BOOM Library.
All other product names, brands and trademarks, mention of which in this document and the software is for identification purposes only and does not imply affiliation or endorsement, are the property of their respective owners.

BOOM Library
www.boomlibrary.com
Visit www.boomlibrary.com/about for the official legal company details and address

QUIET PLANET PRODUCTS LICENSE AGREEMENT (SINGLE USER)

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 Quiet Planet LLC. The rights associated with this license are available to you only.

The license for this product is granted to you only as a single user license. If you need to purchase a multiuser license, please refer to the multiuser license agreement (MULA) or contact us directly. The license for this product can be granted as a SUBSCRIPTION or as a BUY OUT, depending on the License Term stated below.

The license is nontransferable, which means you cannot sell or give another individual or entity the right to use the audio file. Unauthorized resale of Quiet Planet LLC 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 Quiet Planet LLC for details. All rights not expressly granted are hereby reserved.

ALLOWED USES

Quiet Planet LLC 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.

PROHIBITED USES

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 Quiet Planet LLC 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 Quiet Planet LLC before using. Uses prohibited under this license may be licensed under separate agreement—contact Quiet Planet LLC for details.

Furthermore, the audio files licensed under this agreement, or any new audio content derived from or based on the audio files, may not be used in whole or in part in:

Any library (e.g. sample instrument, sound effects library, production music as single accessible stems, etc.),
Usage as pre-installed sounds in any physical / hardware device or toy, online or offline
Usage of the CONTENT, in whole or in part, for the purpose of training, improving, or developing any Neural Networks (NN), Artificial Intelligence (AI) or Machine Learning (ML) models or algorithms, whether for commercial or non-commercial use.

WARRANTY

Quiet Planet LLC 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.

LICENSE HOLDER

You warranted that the name entered under “Licensee” during completion of the purchase order is your full and correct current legal name.

LICENSE REPLACEMENT

In the event of loss or damage of product you may re-order from Quiet Planet LLC at a nominal fee. Quiet Planet LLC shall keep a composite list of all licensees.

DERIVATIVES

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 TERM

License is bound to the named Licensee. We do offer two ways of purchasing a valid license: as a SUBSCRIPTION or as a BUY OUT. Altogether payments for the purchase of the license either as a BUY OUT or as a SUBSCRIPTION are defined as the “LICENSE FEE” in this agreement.

Any rights to the product as stated in this agreement 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 license!

1. BUY OUT

Upon full payment of the LICENSE FEE the license to the product is granted to you in perpetuity. BUY OUT licenses can only be granted to named individuals, including single person businesses. Any company or business that has more than one member (including founders, members, staff and employees), needs to purchase a SUBSCRIPTION license.

2. SUBSCRIPTION

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).

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.

BREACH

In the event of a breach of this agreement, action may be taken against you by Quiet Planet LLC, 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 Quiet Planet LLC. 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.

LIABILITY

The Licensee shall not hold Quiet Planet LLC responsible for any loss of business or business profits resulting directly or indirectly from the performance of any Quiet Planet product. Quiet Planet LLC’s liability is limited solely to replacement of the product.

Quiet Planet LLC
POB 1200
Port Townsend WA 98368 USA
info@quietplanet.com

QUIET PLANET PRODUCTS LICENSE AGREEMENT (MULTI USER)

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 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.

ALLOWED USES

Quiet Planet LLC grants the conditional right to use all or a portion of the licensed audio files in your own product without further payment (royalty free) to the CUSTOMER. The sounds licensed under this agreement may be reproduced by the CUSTOMER, provided that the CUSTOMERs 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.

PROHIBITED USES

Furthermore, the audio files licensed under this agreement, or any new audio content derived from or based on the audio files, may not be used in whole or in part in:

Any library (e.g. sample instrument, sound effects library, production music as single accessible stems, etc.),
Usage as pre-installed sounds in any physical / hardware device or toy, online or offline
Usage of the CONTENT, in whole or in part, for the purpose of training, improving, or developing any Neural Networks (NN), Artificial Intelligence (AI) or Machine Learning (ML) models or algorithms, whether for commercial or non-commercial use.

WARRANTY

LICENSE HOLDER

CUSTOMER warrants that the name entered under “Licensee” during completion of the purchase order is the full and correct current legal name of the entity or individual for which CUSTOMER wished to obtain the license

LICENSE REPLACEMENT

In the event of loss or damage of product you may re-order from Quiet Planet LLC at a nominal fee. Quiet Planet LLC shall keep a composite list of all licensees.

DERIVATIVES

LICENSE TERM

License is limited to the TERM of SUBSCRIPTION as described below. For Multi User Usages Quiet Planet LLC only allows for SUBSCRIPTION licenses. Payments for the purchase of the license as a SUBSCRIPTION are defined as the “LICENSE FEE” in this agreement.

SUBSCRIPTION

For the avoidance of doubt: the right of usage to the audio content put into a PRODUCTION of CUSTOMER during the SUBSCRIPTION TERM remains in place for sustained use in perpetuity. Any PRODUCTIONS which rightfully use the audio content may continue to use the audio content and any files derived from the audio content after expiration or termination of this AGREEMENT in perpetuity.

DUPLICATION AND STORAGE

BREACH

LIABILITY

Quiet Planet LLC
POB 1200
Port Townsend WA 98368 USA
info@quietplanet.com