EULA

The Sounds are protected by international copyright laws and other intellectual property laws, including the laws of the United States and applicable international treaties. The Sounds are licensed, not sold, and the Licensor retains all rights, title, and interest in and to the Sounds. This includes all copyrights, trademarks, and other proprietary rights.

Except as expressly licensed under this Agreement, the Licensee is not granted any ownership rights, claims, or interest in the Sounds. The Licensor reserves all rights not expressly granted in this Agreement.

Any breach of this clause, including unauthorized reproduction, distribution, or modification of the Sounds, may result in immediate termination of the license and expose the Licensee to legal action for intellectual property infringement, including injunctions, penalties, and damages.

Upon receipt of full payment, the Licensor grants the Licensee a royalty-free, non-exclusive, non-transferable, non-sublicensable, revocable (upon breach), and perpetual (unless terminated) license to use the Sounds under the terms and conditions specified in this Agreement. The license may be used worldwide in Media Productions.

Unless otherwise agreed in writing, each purchase constitutes a Single User License for one (1) individual. Studios, agencies, production companies, educational institutions, and teams must not share a single purchase across multiple editors, composers, assistants, or workstations.

Multi-user, enterprise, educational, or studio licenses must be arranged separately by contacting hello@aethraudio.com before distribution inside a larger organization.

The Licensee may use the Sounds in any creative project, including music compositions, soundtracks, audiovisual media (e.g., film, television, trailers, advertisements), video games, multimedia presentations, podcasts, apps, and library music. The Licensee may modify, edit, or combine the Sounds for such purposes when the result remains part of a larger work and is not redistributed as standalone source material.

This license applies globally, and the Licensee is permitted to use the Sounds in any jurisdiction, provided that the use adheres to local laws, this Agreement, and international copyright laws.

Because the Sounds are digitally delivered, all sales are final once access has been granted or download has begun, except where required by applicable law. By purchasing, the Licensee expressly consents to immediate digital delivery and acknowledges that any applicable right of withdrawal or cancellation may be lost in accordance with applicable consumer laws, including EU Directive 2011/83/EU where applicable.

Chargebacks, payment reversals, or disputes initiated without first contacting us may be treated as a material breach of this Agreement.

The Licensee represents and warrants that:

• They have the legal capacity to enter into this Agreement.
• They will use the Sounds strictly in accordance with the terms of this Agreement.
• They will not use the Sounds in any illegal, defamatory, or immoral way or in violation of any applicable laws or regulations.

The Licensee agrees to indemnify, defend, and hold the Licensor harmless from and against any claims, damages, losses, liabilities, and all costs and expenses (including attorney's fees) that arise out of:

• Any breach of this Agreement or our Terms of Service.
• Any unlawful use or misuse of the Sounds.
• Any violation of intellectual property rights caused by the Licensee's use of the Sounds.
• Unauthorized distribution, sharing, credential sharing, or exploitation of the Sounds.

The Licensee is obligated to report any unauthorized use of the Sounds to the Licensor and take reasonable steps to prevent further unauthorized use.

The Licensee may not claim ownership of the Sounds, and all intellectual property rights in the Sounds remain with the Licensor.

The Licensee is granted a royalty-free, non-exclusive, and non-transferable license to use the Sounds in any commercial or non-commercial projects, including music production, sound design, and video editing. However, redistribution, relicensing, or sale of the Sounds to third parties, whether in their original form or modified, is strictly prohibited without express written consent from the Licensor.

The Licensee is expressly forbidden from:

• Redistributing, relicensing, or selling the Sounds in their original form or any derivative works to third parties without the express written consent of the Licensor.
• Reselling, loaning, renting, leasing, assigning, uploading, mirroring, or otherwise sharing or distributing the original versions or copies of the Sounds to another user.
• Using the Sounds in any manner that infringes the intellectual property rights of third parties.
• Registering, claiming, or monetizing the Sounds through any audio fingerprinting, content identification, or copyright management system, including YouTube Content ID, Facebook Rights Manager, TikTok Rights Manager, Audible Magic, or similar services.
• Removing, altering, or circumventing watermarks, access controls, download limits, or other technical protection measures.
• Using the Sounds in sound effect generators, AI-powered audio tools, sample marketplaces, or user-generated content platforms where end users may extract or access the raw files.

The Sounds may not be used in connection with, or to promote, any unlawful, terroristic, or criminal activities. This includes, but is not limited to, any use of the Sounds in furtherance of terrorism, incitement to violence, hate crimes, or any other conduct that violates applicable laws.

The license granted under this Agreement is personal to the Licensee and non-transferable. The Licensee is forbidden from transferring, assigning, or sublicensing any part of this license or the Sounds to a third party.

The Licensee is prohibited from using the Sounds as the primary or dominant element in any musical composition or track. The Sounds may be used as supportive or background elements but must not constitute the main theme, melody, or rhythm of a musical work. This includes standalone musical releases (e.g., streaming, publishing, or distribution of tracks that prominently feature the Sounds as the core component).

The Sounds may not be used for training, fine-tuning, refining, developing, benchmarking, validating, or improving artificial intelligence systems, machine learning models, generative audio systems, datasets, embeddings, synthetic audio tools, or related technologies. Any such use constitutes a material breach of this Agreement.

Any breach of this Agreement by the Licensee will result in the immediate termination of the license. The Licensor may notify the Licensee of the termination, but no further notice is required for enforcement.

If the Licensee breaches any term of this Agreement or uses the Sounds beyond the scope of the license granted, the Licensee shall be subject to the following penalties:

• Payment of liquidated damages, which may include a fee of up to three (3) times the standard licensing fee for unauthorized use.
• Reimbursement of any legal costs incurred by the Licensor in enforcing this Agreement.
• Immediate cessation of all use of the Sounds and destruction of all copies, including modified versions, except as otherwise permitted for completed works lawfully produced before termination.

In the event of a breach of this Agreement, the Licensor may seek injunctive relief in any court of competent jurisdiction to prevent further unauthorized use of the Sounds. The Licensee agrees that irreparable harm would occur if the Licensee's use continued in violation of this Agreement, and that monetary damages would be inadequate.

To the maximum extent permitted by applicable law, the Licensor shall not be held liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages arising from the Licensee's use of the Sounds, including loss of profit, data, goodwill, business, or any other economic or non-economic loss.

The maximum liability of the Licensor under this Agreement shall not exceed the total fees paid by the Licensee for the specific Sounds giving rise to the claim, or one hundred U.S. dollars (US $100), whichever is greater, except where prohibited by applicable law.

The Sounds are provided on an "as-is" and "as available" basis, without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement.

The Licensor does not warrant that the Sounds will function in conjunction with any specific hardware, software, or platform and disclaims any responsibility for technical or functional issues that may arise from incompatibilities. The Licensee is solely responsible for evaluating whether the Sounds are appropriate for a given project.

This Agreement shall be governed by and construed in accordance with the laws of the United States and the state in which Aethr Audio maintains its principal place of business, without regard to conflict-of-law principles.

Except where prohibited by mandatory consumer law, the courts located in that state shall have exclusive jurisdiction over any dispute arising under or related to this Agreement, and the Licensee consents to personal jurisdiction and venue there.

The parties agree to attempt in good faith to resolve any disputes through direct communication before initiating formal legal proceedings. The Licensor reserves the right to seek immediate injunctive relief without engaging in dispute resolution processes if there is a risk of ongoing harm.

Notwithstanding the foregoing, the Licensor reserves the right to seek injunctive or equitable relief in any jurisdiction, including the courts of the Licensee's place of residence or principal place of business, where such enforcement of the Agreement may be necessary.

In addition to the termination of the license, any unauthorized use of the Sounds will result in a financial penalty payable to the Licensor. The default penalty shall be the higher of: (a) five (5) times the purchase price of the Sounds or (b) ten thousand U.S. dollars (US $10,000) per violation.

The Licensee shall be responsible for all legal fees, court costs, and other expenses incurred by the Licensor in enforcing this Agreement or seeking remedies for the Licensee's breach of any terms.