END-USER LICENSE AGREEMENT (EULA)

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By buying the  »Commercial License » of a  »Phonography » (meaning a single sound recording, sound creation, sound effect, sound sample) created by L’Oiseau son, the purchaser automatically agrees to this End-User License Agreement and is bound to its terms and conditions.

This End-User License Agreement ( »EULA » or  »Agreement ») is a legal agreement between the  »Licensee » (you, the user and purchaser of the Commercial License of a Phonography) and the  »Licensor » (Jocelyn Lauzon or L’Oiseau son, the creator and seller of this Phonography). The Phonography is licensed, not sold, to a single user only. For a multiuser license, please contact Jocelyn Lauzon.

A Commercial License that is bought is valid for the one selected Phonography only. The Licensee must buy the Commercial License of each and every Phonography he or she wish to use.

This Agreement is to allow the Licensee (who has bought the Commercial License) the use of a Phonography of L’Oiseau son in a commercial project on the specific terms and conditions of this Agreement.

A commercial project, in this Agreement, refers to any production or creation that will generate monetary profits to a private or public producer, company or organisation.

1. Grant of License

In consideration for the purchase of the Commercial License of a Phonography, L’Oiseau son grants the Licensee a limited, worldwide, perpetual, non-exclusive, non-assignable, non-transferable, royalty-free license to use the Phonography on the terms and conditions of this Agreement.

2. Rights Granted

This Agreement allows the Licensee to :

a. Use the Phonography, as is or transformed, in these types of commercial projects only :

fiction and documentary movies or television productions
theatre plays
dance performances
radio programs
musical and sound art compositions, performances and albums
artistic creations
installations and performances
video games
podcasts
educational or scientific material or products
toys

b. Distribute and publicly perform the Phonography as an incorporated part of a commercial project.

c. Store the Phonography on any number of media storage drives or cards.

d. Use the Phonography on any number of commercial projects.

e. Use the Phonography without attribution to L’Oiseau son or Jocelyn Lauzon.

3. Restrictions

This agreement does not allow, under any circumstances, the Licensee to :

a. Use the Phonography, as is or transformed, in these types of commercial projects or products :

advertisement (with the exception of advertising or promoting a commercial project in which the Phonography use is allowed – for example, in a movie trailer)
ringtones
mobile applications
sample instruments
sound libraries

b. Sell, lease, or license the Phonography, as a whole or in part, by itself or as part of a sound library.

c. Distribute and publicly perform the Phonography by itself (not incorporated in a type of project mentioned in 2.a), as a whole or in part, for commercial purposes.

d. Claim ownership or authorship, or give attribution of the Phonography to another person, artist or company than Jocelyn Lauzon or L’Oiseau son.

e. Modify this License.

4. Termination

In the event of any breach to the terms and conditions of this Agreement, the Licensee’s right to use the Phonography will automatically terminate.

5. Liability for damages

The Licensor shall not be liable for any direct or indirect damages of any kind to the Licensee, its business or any user of the Licensee’s product resulting from the use of the Phonography. The Licensor will not be held responsible for any situation arising out of the use of – or the inability to use – the Phonography by the Licensee, including and not limited to any loss of business, loss of profits, injuries, suits.

6. Infraction

Any Licensee found breaching the terms and conditions of this Agreement will be subject to criminal and civil penalties and liable for monetary damages.