Quiet Planet®

Be sure that you are purchasing the correct license. Only Individual Licenses are available from the Quiet Planet website. If you represent a business that will have more than one user, then you will need a Multi-User License. If you are an academic institution that will have faculty and students use Quiet Planet products in educational projects, then you will need an Academic License. If you are a natural history museum or other business entity that will be producing audio programs consisting of substantial nature audio without music or voice, then you will need a Museum License. To purchase a Multi-User, Academic, or Museum License, please contact sales@quietplanet.com.

INDIVIDUAL LICENSE AGREEMENT

By purchasing this product and agreeing below to the terms of this agreement, you agree to the terms, conditions and limitations of use contained in this agreement. You are purchasing a license to use a copyrighted audio file from Quiet Planet LLC. The rights associated with this license are available to you only. 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 is granting 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 substantially nature audio or could compete with Quiet Planet LLC products. Substantially, 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 50% or greater of the total elapsed time in the created product. Examples of prohibited products would include but not be limited to environmental soundscape albums, internet radio programming consisting of only nature sounds, nature videos without narration, some mobile applications, and ringtones. You may not use any of the audio files licensed in this agreement in any product that is offered for sale or results in any financial compensation as the result of producing this product. If in doubt inquire with Quiet Planet LLC before using.

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 warrant 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.

Term

License is Lifetime of the named Licensee.

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 expressly agrees all matters arising out of or related to this agreement are governed by the laws of the State of Washington and that the agreement may include terms, conditions or limitations that are unenforceable or are otherwise void in other jurisdictions. 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 900
Indianola WA 98342
USA
info@quietplanet.com