END USER LICENSE AGREEMENT

Updated 2016-05-12

This Terms and Conditions agreement ("Agreement") between you ("you" or "your") and Imphenzia AB sets forth the terms and conditions of use of the music and/or sound effects (“audio file(s)”) set forth herein. You accept that the Agreement may change from time to time effective immediately upon posting on the web site imphenzia.com.

NON-EXCLUSIVE LICENSE

Upon purchasing audio file(s) you become a Non-Exclusive Rights Holder bound to the following terms:

Non-Exclusive License Grants

  • You are granted non-exclusive, royalty free, rights to the use of the audio file(s) in as many games and applications as you wish ("Product")
  • You are granted the use of the audio file(s) for promotional purposes of the Product (e.g. video trailers)
  • You are NOT permitted resell or distribute the audio file(s) separately
  • The license is not transferable
  • IF POSSIBLE: Please protect the audio file(s) in a Product (e.g. embed the audio in a library file or archive)
  • OPTIONAL: Please credit Imphenzia Soundtrack for the audio file(s) used in a Product, it would be much appreciated

Imphenzia AB is the copyright holder and property owner of the audio file(s) and may continue to lease and sell the audio file(s) to other parties.

Term

This Agreement is effective from date and time of purchase non-exclusive audio file(s) and is effective in perpetuity.

Limitation of Liability

You agree and acknowledge that your use of the audio file(s) is entirely at your own risk. You agree that Imphenzia AB will not be liable, under any circumstances, for any (a) termination, suspension, loss, or modification of the audio file(s), (b) use or inability to use the audio file(s), (c) access interruptions or access delays to imphenzia.com or audio file(s), (d) loss incurred in connection with audio file(s), or (e) unauthorized access to or alteration of your transmissions or data. Imphenzia AB will also not be liable for any indirect, special, incidental, or consequential, damages of any kind regardless of the form of action. In no event shall Imphenzia AB's maximum aggregate liability exceed the total amount paid by you for the audio file(s).

Indemnification

You agree to defend, indemnify, and hold harmless Imphenzia AB, directors, and employees for any loss, liabilities, damages, costs or expenses arising out of or related to your use of or connection to imphenzia.com and the audio file(s).

Disclaimer and Warranties

The audio file(s) are provided to you on an "as is," as available basis. Imphenzia AB makes no representations, warranties or guarantees of any kind whatsoever, express or implied, in connection with this Agreement. Imphenzia AB further disclaims any representation or warranty: (i) that the audio file(s) will meet your specific requirements, (ii) that the audio file(s) will be uninterrupted, timely, secure, or error-free, (iii) regarding any audio file(s) purchased, or (iv) that any errors in the audio file(s) will be corrected. Any material downloaded or otherwise obtained is done at your own discretion and risk and you will be solely responsible for any damage to you, third parties, computer systems, audio equipment, or loss of data that results from the download or use of such material.

Governing Laws

This Agreement will be governed in all respects by the substantive laws of Sweden. Any disputes arising from or related to this Agreement or its enforceability, or the business relationship between the parties, shall be finally settled by binding, confidential arbitration held in Stockholm, Sweden, using the rules and procedures of the Swedish Arbitration Association. The arbitration proceedings shall be conducted in English and all documentation shall be presented and filed in English.

Property Rights

The audio file(s) are property of Imphenzia AB and copyrighted by Imphenzia AB.

Copyright: Imphenzia AB 2016. All Rights Reserved.

Copyright (c) 2016 Imphenzia AB - All Rights Reserved.