COMPUTER AUDIO ENGINEERING

END USER LICENSE AGREEMENT FOR PURCHASED AUDIO CONTENT

BY PURCHASING AUDIO CONTENT FROM COMPUTER AUDIO ENGINEERING YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:

This End User License Agreement is a legal agreement between you (either an individual or a single entity) and Computer Audio Engineering ("CAE"). CAE Audio Content you have purchased may include; sound effects, original music composition, any sound recording embodying sound effects or original music, any educational documents or training course offered by CAE, and any printed or electronic documentation. By purchasing CAE Audio Content, you agree to be bound by the terms of this agreement. If you do not agree to these terms do not use the CAE Audio Content. Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect CAE Audio Content.

CAE Audio Content is licensed, not sold, to you by CAE. Except to the extent necessary to effectuate the specific uses for which you have purchased CAE Audio Content, the rights granted by this license are non-transferable. All rights not expressly granted to you hereunder are reserved by CAE.

GRANT OF LICENSE

CAE grants to you the following limited non-exclusive worldwide rights for the product for which you have paid the appropriate fee. The rights granted to you by CAE are validated by proof of purchase and entitles you to unlimited multiple usage of the product, subject to the terms below.

1. Television Broadcast:

CAE grants the right to include CAE Audio Content in local, regional, national, and international terrestrial and cable television broadcast productions with no additional royalty required. This includes commercials, programs, public service announcements, infomercials and jingles. However, CAE Audio Content can be used only in synchronization with visuals or other audio contained within the broadcast production and not as an isolated standalone featured element. This license does not include performance rights.

2. Radio Broadcast:

CAE grants the right to include CAE Audio Content in local, regional, national, and international terrestrial and cable radio broadcast productions with no additional royalty required. This includes commercials, programs, public service announcements, infomercials and jingles. However, CAE Audio Content can be used only synchronization with other audio content contained within the broadcast production and not as an isolated standalone featured element. This license does not include performance rights.

3. Film and Video:

CAE grants the right to include CAE Audio Content in films, videos, DVDs and CD-ROMs, including video games, with no additional royalty required. However, CAE Audio Content can be used only in synchronization with other audio or visual content contained within the specific format and not as an isolated standalone featured element. This license does not include performance rights.

4. Cell Phone Ringtones:

CAE grants the right to use CAE Audio Content as a personal ringtone on one (1) personal cell phone. More than one (1) cell phone requires an additional purchase. CAE Audio Content cannot be used as a commercial ringtone or embedded in any commercial mass produced device. Contact CAE if you wish to embed any CAE Audio Content in any mass produced device.

5. Web Sites:

CAE grants the right to use CAE Audio Content as a design part of a personal or commercial web site. However, it must be used in a supportive way together with text and images, or other audio/visual content. CAE Audio Content cannot be used as the main content and sold or distributed as an isolated standalone featured element.

6. Sound Recording:

CAE grants the right to use CAE Audio Content as part of a sound recording and to reproduce said recording in any known or future format. However, CAE Audio Content can be used only in synchronization with other audio content contained on said sound recording and not as an isolated standalone featured track (or cut). An example of appropriate usage would be as an element of a narration or music production.

7. Personal Alert:

CAE grants the right to use CAE Audio Content as a personal alert on devices you own, such as a personal computer, cell phone or alarm clock. CAE Audio Content cannot be used as a commercial alert or embedded in any commercial mass produced device.

8. Stage Production:

CAE grants the right to use CAE Audio Content as part of a live stage presentation. However, CAE Audio Content can be used only in synchronization with stage action or other audio/visual content presented within the live stage production. This license does not include performance rights.


9. Editing, Looping and Excerpts:

CAE grants the right to edit, loop and excerpt CAE Audio Content in the context of the above stated usage for creative, technical, or timing purposes. This is subject to the conditions and limitations set forth herein.

10. Ownership:

You own any tangible object on which CAE Audio Content is recorded or fixed, including a storage copy of CAE Audio Content or copies of work product in which CAE Audio Content has been included as a production element. However, CAE retains all rights to CAE Audio Content as set forth herein.

11. Copyright:

All CAE Audio Content is copyright © by Computer Audio Engineering. Copyright laws and international treaty provisions protect CAE Audio Content.

12. Term:

The term of this license is Ninety-Nine (99) years from your date of purchase.

RESTRICTIONS

1. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on CAE Audio Content or its accompanying written materials except to the extent necessary to effectuate the specific uses for which you have purchased said product. An acceptable exception would be to modify by editing or looping as specified in the granted rights above.

2. You may not electronically transfer the CAE Audio Content except to the extent necessary to effectuate the specific uses for which you have purchased said product. An example of acceptable transfer would be from your personal computer to your personal cell phone for use as a personal ringtone.

3. You may not sell or distribute copies of the CAE Audio Content or accompanying materials to others.

4. You may not make the CAE Audio Content available to multiple computers over a network system unless you are the proprietor of the facility which houses said computers on the network and its use is for other production engineers within that facility. Out of facility networking of CAE Audio Content is strictly forbidden.

5. You may not embed CAE Audio Content in any commercially mass produced hardware device as a standalone element.

TRANSFER RESTRICTIONS

Except to the extent necessary to effectuate the specific uses for which you have purchased CAE Audio Content, you may not assign, rent, lease, sell, sublicense, or otherwise transfer CAE Audio Content to another party.

WARRANTY

CAE 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. CAE warrants that it is permitted to grant the rights set forth herein.

INDEMNIFICATION

You will indemnify, save, hold harmless and defend CAE from and against any and all claims, demands, suits, damages, liabilities and all reasonable expenses, including attorneys' fees, against or suffered by CAE with respect to any matter that arises as a result of a breach of this agreement by you.

LIABILITY

Liability of CAE shall not exceed the actual product fee paid by you. CAE accepts no responsibility for any loss of business or business profits resulting directly or indirectly from the use of CAE Audio Content.

TERMINATION

CAE may terminate this agreement without prejudice if you fail to comply with the terms and conditions of this agreement. In such event, you must destroy all copies of the purchased product.

GOVERNING LAW

The laws of the State of New Mexico govern this agreement.