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  • Gain access to free lessons plans
  • Outline of all lessons plus a BONUS GIFT!!
  • FREE MEMBERSHIP TO DIVERSITY ATLAS for your class – includes 30 seats             
(Note: You will need to register on Diversityatlas.com.au to access your membership)

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Terms and Conditions

By checking the ‘I agree to the Terms and Conditions’ box below, you agree and acknowledge that you are bound by the terms and conditions set out within Section A and (if applicable) Section B of this document. The Terms and Conditions set out in Section B pertain exclusively to licenses of Sound Infusion.


SECTION A

Terms
and Conditions – Learning Lands


1. Payment terms

  • The fee is payable within 7 days of receipt of your registration and before granting of licence to the product.
  • Licence to the products to be granted on the date confirmed in Schedule A to this agreement.
  • You will be billed in accordance with the type of licence you purchase.

A. Other payment terms

By
signing the Letter of Agreement, your organisation agrees to pay Cultural
Infusion (Int) Pty Ltd no less than the stated fee.

  • The fee is based on number of licences for the products for your organisation.
  • Once signed, the fee stated on the Letter of Agreement cannot be reduced.


2. Subscription

The term of
the subscriptions shall commence upon receipt of the first yearly license fee
payment.

The minimum
term of each subscription is 1 (one) year.

The license
fees are to be paid as a yearly upfront payment.

The subscription
terms automatically extends for additional 12 month periods, if the
subscriptions are not cancelled in writing (email sufficient) at least 7
days prior to the next auto-renew date.  

For each additional
12 months period, the yearly upfront payment of the license fee is due.


3. Intellectual property

Joko’s
World, The Intercultural Citizenship Ambassador Program (hereafter referred to
as ICAP), Diversity Atlas and Sound Infusion are products of Cultural Infusion
(Int) Pty Ltd.

All intellectual
property rights in Joko’s World, ICAP, Diversity Atlas and Sound Infusion
remain vested in Cultural Infusion (Int) Pty Ltd at all times.

Cultural
Infusion will retain ownership of all intellectual property across various
website domains, including but not limited to: www.soundinfusion.com.au, www.diversityatlas.com.au, www.learn.culturalinfusion.org.au, and www.jokosworld.com.au

  • Intellectual Property Rights means all present and future rights in relation to copyright, trademarks, designs, patents, semiconductor and circuit layout  rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this Agreement, and whether in Australia or otherwise.
  • Cultural Infusion (Int) Pty Ltd provides you with a limited use licence to use Joko’s World, ICAP, Diversity Atlas and Sound Infusion.
  • Cultural Infusion (Int) Pty Ltd reserves all of its intellectual property rights in Joko’s World, ICAP, Diversity Atlas and Sound Infusion product and services. Joko’s World, ICAP, Diversity Atlas and Sound Infusion does not give you any ownership in the product or services, or the content or information made available through Joko’s World, ICAP, Diversity Atlas and Sound Infusion or our services. Trademarks and logos used in connection with Joko’s World, ICAP, Diversity Atlas and Sound Infusion are the trademarks of their respective owners. Joko’s World, ICAP, Diversity Atlas and Sound Infusion and Cultural Infusion (Int) Pty Ltd trademarks, service marks, graphics, and logos used for our product and services are trademarks or registered trademarks of Cultural Infusion (Int) Pty Ltd.
  • By signing this agreement you undertake that you will not violate the intellectual property or other rights of Cultural Infusion (Int) Pty Ltd, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “Diversity Atlas”, “Learning Lands”, “ICAP”, “Intercultural Citizenship Ambassador Program”, “Cultural Infusion”, “Joko’s World” or “Sound Infusion” or our logos in any business name, email, or URL except unless by agreement in writing between Cultural Infusion (Int) Pty Ltd and you.


4. Cancellation Policy

By accepting
these terms and conditions, you acknowledge that the customization fees and
annual license fees for the products/services indicated in the invoiced amount are
non-refundable.

Should
you wish to cancel ongoing annual license fees for the products/services
indicated in section 2 of this agreement, no fee is payable in the event your
license is cancelled 30 days before the above stated automatic renewal date.

There
will be no refunds for subscription cancellations although you may choose not
to renew your subscription after the expiry date.

In the
event you choose not to renew your subscription you will still have full access
to the products/services indicated in your registered account for the remainder
of the current subscription period.


SECTION B

Terms
and Conditions – Sound Infusion


1. SINGLE USER


 IMPORTANT-READ CAREFULLY: This Sound
Infusion End-User License Agreement (or “EULA”) is a legal agreement between
you (either an individual or a single entity) and Cultural Infusion. (“Sound
Infusion”) for the Sound Infusion Audio Content you have licensed which
includes the following: (i) designed sound loops, (ii) source sound files and
(iii) any printed, “online” or electronic documentation (altogether:
“CONTENT”). By licensing, copying or otherwise using the CONTENT, you agree to
be bound by the terms of this EULA.

If you do not agree to the terms of this EULA, do not use
the CONTENT. Copyright laws and international copyright treaties, as well as
other intellectual property laws and treaties protect the CONTENT. The rights
granted herein are non-transferable and must be validated by proof of purchase.

All rights not expressly granted to you hereunder are reserved by Cultural
Infusion.


SOUND INFUSION PRODUCTS LICENSE AGREEMENT (SINGLE USER)

A. GRANT OF LICENSE

In consideration of the license fee (“LICENSE FEE”) you paid, Cultural
Infusion grants a “MEDIA LICENSE” to you and your assigns (subject to the
transfer limitations herein).

The MEDIA LICENSE for this product is granted only to a single
user
. If you need to purchase a multiuser license, please refer to our
multiuser license agreement (MULA) or contact us directly.  The MEDIA
LICENSE can be granted as a SUBSCRIPTION or as a BUY OUT

All CONTENT provided hereunder is licensed, but not sold, to you by Cultural
Infusion, for commercial and non-commercial use in any means and media now
known or hereafter devised (e.g., music, sound-effect, audio/video
post-production, performance, broadcast, multimedia, videogame or similar
content-creation and productions, and any promotion or advertising related
thereto) that are produced by you during the TERM of this AGREEMENT
(altogether: “PRODUCTION”), worldwide.

The TERM of this AGREEMENT is either perpetual (BUY OUT license) or limited
in years as defined below through the TERM of the SUBSCRIPTION (SUBSCRIPTION
license).

This AGREEMENT includes the worldwide, royalty-free, non-exclusive right to
combine or sync the CONTENT into such PRODUCTIONS without (i) paying any
additional license fees to Cultural Infusion or any third party other than the
License Fee set forth herein; (ii) obtaining additional clearances or
permissions; or (iii) providing source attribution to Cultural Infusion or any
third party.

The MEDIA LICENSE includes mechanical, synchronization, public performance
and broadcast rights.

i) Mechanical rights

The right to re-record, duplicate and release the CONTENT as part of your
product/production in whatever medium you choose (i.e. video tape, film, CD
ROM, DVD, digital formats). This does not include the right to resell the
CONTENT as a standalone product in whole or in parts.

ii) Synchronization rights

The right to use the CONTENT as a soundtrack “synced” with visual images, or
sounds as part of your product/production.

iii) Public Performance Broadcast rights

The right to use the CONTENT as part of the public viewing or broadcast of
your product/production, including but not limited to videos, DVDs, web sites,
podcasts, multimedia presentations, films, television, and radio.

The MEDIA LICENSE grants the worldwide and limited right to you to use,
re-record, duplicate, incorporate, modify, adapt, embed, and exploit all or a
portion of the CONTENT without further payment to Cultural Infusion or any third
party (royalty free) in your PRODUCTION for the TERM of this AGREEMENT. The
CONTENT may be reproduced by you provided that the PRODUCTION contains an
additional element: i.e. voice, music, image, etc.

All sound samples cannot be sold, looped or used commercially or
non-commercially as a standalone audio track. However, you may incorporate a
sound sample as a part of another existing audio track or incorporate multiple
sound samples as part of a novel track creation. Cultural Infusion must be
cited and acknowledged in any commercial or non-commercial contexts in which a
sound sample has been incorporated into an already existing track or a novel
audio track.

Examples of allowed uses are, without limitation, inclusion in radio
programs, podcasts, mobile apps, television broadcasts, film soundtrack, music
albums, PowerPoint presentations, websites, advertising, multi-media
presentations, video games and other similar products.

For the avoidance of doubt: in case that the MEDIA
LICENSE is granted within a SUBSCRIPTION, the MEDIA LICENSE remains in place
for sustained use for all your PRODUCTIONS that are produced during the TERM of
the SUBSCRIPTION. Any PRODUCTIONS which rightfully use the CONTENT may continue
to use the CONTENT and any files derived from CONTENT after expiration or
termination of this AGREEMENT in perpetuity


B. LICENSE PURCHASE

We do offer two ways of purchasing a valid MEDIA LICENSE: as a SUBSCRIPTION
or as a BUY OUT. Altogether payments for the purchase of the MEDIA LICENSE
either as a BUY OUT or as a SUBSCRIPTION are defined as the “LICENSE FEE” in
this agreement. Any rights to the CONTENT as stated in the MEDIA LICENSE are
only transferred to you after the full LICENSE FEE has been paid by you and
received by us. Without receipt of the payment of the LICENSE FEE, you do not
own a valid MEDIA LICENSE.

i) BUY OUT

Upon full payment of the LICENSE FEE the MEDIA LICENSE is granted to you in
perpetuity.

ii) SUBSCRIPTION

The TERM of the SUBSCRIPTION shall commence upon receipt of the first yearly
LICENSE FEE payment. The minimum TERM of a SUBSCRIPTION is 3 (three) years. The
LICENSE FEE is to be paid as a yearly upfront payment. The SUBSCRIPTION TERM
automatically extends for additional 12 months periods, if the SUBSCRIPTION is
not cancelled in writing (email sufficient) at least 7 days prior to the next
auto-renew date. For each additional 12 months period, the yearly upfront
payment of the LICENSE FEE is due.

All rights to CONTENT are terminated at the date the TERM of the
SUBSCRIPTION expires (except as defined as “Sustained Use” in the GRANT OF
LICENSE). Upon expiration you shall delete all CONTENT from the hard drives and
any other storage media, physical or otherwise or any other copies no matter
how stored (other than in and in connection with any PRODUCTIONS).


C. LIMITATIONS

This license expressly forbids any unauthorized inclusion of the CONTENT or
new audio content derived from or based on the CONTENT or new audio content
resulting from mixing the CONTENT with other audio content in whole or in part
in any library (e.g. sample instrument, sound effects library, music library as
single accessible stems, etc.) online or offline without our express written
consent. In case you want to include our CONTENT in any such way, please
contact us to obtain an AUDIO DEVELOPER LICENSE to our CONTENT.

If you create your own sound loop stems for musical purposes (e.g. trailer
production music stems) using Sound Infusion sounds, please make sure to not
use Sound Infusion sounds “in the clear”, meaning unmixed with other elements.
In order to achieve that, please make sure to:

  1. Use
    multiple sound sources (not only Sound Infusion sound samples), like some
    original element (e.g. a synthesizer )
  2. Use additional musical elements (can be
    non-tonal, percussive only), like cymbal sweeps, whooshes, etc.
  3. Mix Sound Infusion sounds with these
    other sound sources in the stem mix, so that no Sound Infusion sound is “naked”
    in that stem mix.

The MEDIA LICENSE also forbids any re-distribution method of the CONTENT,
through any means, including but not limited to, re-selling, trading, sharing,
resampling, mixing, processing, isolating, or embedding into software or
hardware of any kind, for the purpose of re-recording or reproduction as part
of any free or commercial library of musical and/or sound effect samples and/or
articulations, or any form of musical sample or sound effect sample playback
system or device.


D. REPRESENTATION

Cultural Infusion owns and controls the rights represented herein with
respect to the CONTENT that are subject to this Agreement. Cultural Infusion
has and will hold throughout the Territory and States and during the Term the
above listed rights to exploit the CONTENT as set forth herein. Cultural
Infusion shall indemnify and hold you harmless from any and all claims,
liabilities and costs, losses, damages or expenses (excluding attorney’s fees)
arising out of any breach of these representations.


E. LIABILITY FOR DAMAGES

Cultural Infusion is not liable for any damages whatsoever (including,
without limitation, damages for loss of business profits, business
interruption, loss of business information, or any other pecuniary loss)
arising out of the use of or inability to use any Sound Infusion product, even
if Cultural Infusion has been advised of the possibility of such damages.

Cultural Infusion will not be responsible if the CONTENT does not fit your
purpose. The CONTENT is licensed ‘as is’ without warranties of any kind. Any
similarity to any other CONTENT is purely unintentional. Cultural Infusion
cannot be held responsible for any direct, indirect, or consequential loss
arising from the use of any sound samples and software licensed from this site
in whatever form, or consequential loss arising from a delayed or lost
shipment.

Cultural Infusion does not accept returns unless you have a defective
product. Defective products will be exchanged for the same product for a period
of 90 days. No refunds will be given for downloaded CONTENT.


F. PAYMENT & SHIPPING PROCESS

After payment (see: LICENSE FEE) has been received you will automatically
get an email with download links to the products purchased. If you purchase a
boxed product it will be sent to you within 14 days after payment. If you
choose the credit card payment option, your card will be debited immediately
after the order has been fully placed.

INTERNATIONAL CUSTOMERS AGREE TO BE RESPONSIBLE FOR ANY IMPORT DUTIES OR
TAXES. THESE ARE NOT INCLUDED IN OUR SHIPPING CHARGES.


G. REFUNDS

Downloaded libraries can’t be returned, so we can’t provide refunds. We may
choose to do so at our own discretion, but please be aware that as soon as
you’ve downloaded it, you can’t return it. There will be no refunds for
subscription cancellations although you may choose not to renew your
subscription after the expiry date. In the event you choose not to renew your
subscription you will still have full access to the Sound Infusion product for
the remainder of the current subscription period.


H. VIOLATION

Users who try to get past the copy protection or otherwise violate the terms
of this licensing agreement are subject to criminal and civil penalties and
liable for monetary damages. Please respect our work and do not copy it. The
more support we get from you, the more and the better products we will be able
to release in the future.


I. SOUND INFUSION PRODUCTS LICENSE AGREEMENT (SINGLE USER)

By purchasing this product, you agreed below to the terms of this agreement,
you agreed to the terms, conditions and limitations of use contained in this
agreement. You purchased a license to use copyrighted Sound Infusion audio
files from Cultural Infusion. The rights associated with this license are
available to you only.

The license for this product is granted to you only as a single user
license. If you need to purchase a multiuser license, please refer to the multiuser
license agreement (MULA) or contact us directly. The license for this product
can be granted as a SUBSCRIPTION or as a BUY OUT, depending on the License Term
stated below.

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
Sound Infusion 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
Cultural Infusion for details. All rights not expressly granted are hereby
reserved.


J. ALLOWED USES

Cultural Infusion granted 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.


K. PROHIBITED USES

The audio files licensed under this agreement, may not be used in any
product that is primarily nature audio and therefore would compete with other
present and future Cultural Infusion products. Primarily, 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 at least 50% of
the total elapsed time of the product. Examples of prohibited products would be
environmental soundscape albums, internet radio programming consisting of only
nature sounds, nature videos without narration, some mobile applications, and
ringtones. If in doubt inquire with Cultural Infusion before using. Uses
prohibited under this license may be licensed under separate agreement—contact
Cultural Infusion for details.


L. WARRANTY

Cultural Infusion 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.


M. LICENSE HODLER

You warranted that the name entered under “Licensee” during completion of
the purchase order is your full and correct current legal name.


N. LICENSE REPLACEMENT

In the event of loss or damage of product you may re-order from Cultural
Infusion at a nominal fee. Cultural Infusion shall keep a composite list of all
licensees.


O. 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.

P. LICENSE TERM

License is bound to the named Licensee. We do offer two ways of purchasing a
valid license: as a SUBSCRIPTION or as a BUY OUT. Altogether payments for the
purchase of the license either as a BUY OUT or as a SUBSCRIPTION are defined as
the “LICENSE FEE” in this agreement.

Any rights to the product as stated in this agreement are only transferred
to you after the full LICENSE FEE has been paid by you and received by us.
Without receipt of the payment of the LICENSE FEE, you do not own a valid
license!

i)  BUY OUT

Upon full payment of the LICENSE FEE the license to the product is granted
to you in perpetuity. BUY OUT licenses can only be granted to named
individuals, including single person businesses. Any company or business that
has more than one member (including founders, members, staff and employees),
needs to purchase a SUBSCRIPTION license.

ii) SUBSCRIPTION

The TERM of the SUBSCRIPTION shall commence upon receipt of the first yearly
LICENSE FEE payment. The minimum TERM of a SUBSCRIPTION is 1 year. The LICENSE
FEE is to be paid as a yearly upfront payment. The SUBSCRIPTION TERM
automatically extends for additional 12 months periods, if the SUBSCRIPTION is
not cancelled in writing (email sufficient – info@soundinfusion.com.au ) at
least 7 days prior to the next auto-renew date. For each additional 12 months
period, the yearly upfront payment of the LICENSE FEE is due.

All rights to CONTENT are terminated at the date the TERM of the
SUBSCRIPTION expires (except as defined as “Sustained Use” in the GRANT OF
LICENSE). Upon expiration you shall delete all CONTENT from the hard drives and
any other storage media, physical or otherwise or any other copies no matter
how stored (other than in and in connection with any PRODUCTIONS).


Q. 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.


R. BREACH

In the event of a breach of this agreement, action may be taken against you
by Cultural Infusion, the owner of the copyrighted materials, or its successor
in interest. Licensee agrees that any court action to enforce the terms of this
agreement will occur in the State of Victoria, Australia, or in the current
state and county of the registered home office of Cultural Infusion. 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.


S. LIABILITY

The Licensee shall not hold Cultural Infusion responsible for any loss of
business or business profits resulting directly or indirectly from the
performance of any Sound Infusion product. Cultural Infusion’s liability is
limited solely to replacement of the product.

Cultural Infusion
49 Vere Street
Collingwood VIC 3066 Australia
info@culturalinfusion.org.au


1. MULTI USER

 IMPORTANT-READ
CAREFULLY
: This Sound Infusion Multi End-User License Agreement (or
“MULA”) is a legal agreement between you as a customer (either an individual, a
single entity or a business – hereinafter “CUSTOMER”) and Cultural Infusion.
(“Sound Infusio”) for the Sound Infusion Audio Content you have licensed which
includes the following: (i) designed sound loops, (ii) source sound files and
(iii) any printed, “online” or electronic documentation (altogether:
“CONTENT”). By licensing, copying or otherwise using the CONTENT, you agree to
be bound by the terms of this MULA.

If you do not agree to the terms of this MULA, do not use the CONTENT.
Copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties protect the CONTENT. The rights granted
herein are non-transferable and must be validated by proof of purchase.

All rights not expressly granted to you hereunder are reserved by Cultural
Infusion.


SOUND INFUSION PRODUCTS LICENSE AGREEMENT (MULTI-USER)

A. USERS AND WORKSTATIONS:

CUSTOMER shall be entitled to use the CONTENT within the given license
specifications (“altogether MEDIA LICENSE”) for the TERM and the number
of AUDIO USERS as specified during the purchase process. For
the avoidance of doubts, the users can be, without limitation, the employees of
the CUSTOMER, CUSTOMERs contractors and subsidiaries, like for example audio
programmers, level designers, artist, etc., while AUDIO USERS are
defined as employees and/or contractors of the CUSTOMER and sound designers
working under written contract of CUSTOMER actively accessing and working with
the CONTENT.

“WORKSTATIONS” are personal computers, notebooks and digital workstations
for audio and post-production which are being used by AUDIO USERS.

In the event that an AUDIO USER is no longer employed by CUSTOMER or under
written contract by CUSTOMER, all CONTENT obtained under this AGREEMENT,
including any incomplete product which in any way uses CONTENT, with the
exception of any PRODUCTION (as defined below) must be deleted from the former
user’s hard drives and any other storage media, physical or otherwise or any
other copies no matter how stored. Copies, in whole or in part, may not be
retained by persons who no longer qualify as AUDIO USERS under this AGREEMENT.
The CUSTOMER may add AUDIO USERS during the TERMS of this AGREEMENT for an
increase of LICENSE FEE prorated to the existing LICENSE FEE either directly
(for BUY OUT licenses) or in the following yearly payment (for SUBSCRIPTION
licenses).

The rights associated with this AGREEMENT are available only to CUSTOMER and
its AUDIO USERS. These rights are not transferable or assignable without the
express written AGREEMENT of Cultural Infusion except as described below.


B. GRANT OF LICENSE

In consideration of the license fee (“LICENSE FEE”) you paid, Cultural
Infusion grants a “MEDIA LICENSE” to you and your assigns (subject to the
transfer limitations herein).

The MEDIA LICENSE for this product is granted the number of AUDIO USERS as
specified by CUSTOMER during the purchase process. The MEDIA LICENSE can be
granted as a SUBSCRIPTION or as a BUY OUT.

All CONTENT provided hereunder is licensed, but not sold, to you by Cultural
Infusion, for commercial and non-commercial use in any means and media now
known or hereafter devised (e.g., music, sound-effect, audio/video
post-production, performance, broadcast, multimedia, videogame or similar
content-creation and productions, and any promotion or advertising related
thereto) that are produced by you during the TERM of this AGREEMENT
(altogether: “PRODUCTION”), worldwide.

The TERM of this AGREEMENT is either perpetual (BUY OUT license) or limited
in years as defined below through the TERM of the SUBSCRIPTION (SUBSCRIPTION
license).

This AGREEMENT includes the worldwide, royalty-free, non-exclusive right to
combine or sync the CONTENT into such PRODUCTIONS without (i) paying any
additional license fees to Cultural Infusion or any third party other than the
License Fee set forth herein; (ii) obtaining additional clearances or
permissions; or (iii) providing source attribution to Cultural Infusion or any
third party.

The MEDIA LICENSE includes mechanical, synchronization, public performance
and broadcast rights.

i) Mechanical rights

The right to re-record, duplicate and release the CONTENT as part of your product/production
in whatever medium you choose (i.e. video tape, film, CD ROM, DVD, digital
formats). This does not include the right to resell the CONTENT as a standalone
product in whole or in parts.

ii) Synchronization rights

The right to use the CONTENT as a soundtrack “synced” with visual images, or
sounds as part of your product/production.

iii) Public Performance Broadcast rights

The right to use the CONTENT as part of the public viewing or broadcast of
your product/production, including but not limited to videos, DVDs, web sites,
podcasts, multimedia presentations, films, television, and radio.

The MEDIA LICENSE grants the worldwide and limited right to you to use,
re-record, duplicate, incorporate, modify, adapt, embed, and exploit all or a
portion of the CONTENT without further payment to Cultural Infusion or any
third party (royalty free) in your PRODUCTION for the TERM of this AGREEMENT.
The CONTENT may be reproduced by you provided that the PRODUCTION contains an
additional element:  i.e. voice, music, image, etc. Examples of allowed
uses are, without limitation, inclusion in radio programs, podcasts, mobile
apps, television broadcasts, film soundtrack, music albums, PowerPoint
presentations, websites, advertising, multi-media presentations, video games and
other similar products.

For the avoidance of doubt: in case that the MEDIA
LICENSE is granted within a SUBSCRIPTION, the MEDIA LICENSE remains in place
for sustained use for all your PRODUCTIONS that are produced during the TERM of
the SUBSCRIPTION. Any PRODUCTIONS which rightfully use the CONTENT may continue
to use the CONTENT and any files derived from CONTENT after expiration or
termination of this AGREEMENT in perpetuity.


C. LICENSE PURCHASE

We do offer two ways of purchasing a valid MEDIA LICENSE: as a SUBSCRIPTION
or as a BUY OUT. Altogether payments for the purchase of the MEDIA LICENSE
either as a BUY OUT or as a SUBSCRIPTION are defined as the “LICENSE FEE” in
this agreement. Any rights to the CONTENT as stated in the MEDIA LICENSE are
only transferred to you after the full LICENSE FEE has been paid by you and
received by us. Without receipt of the payment of the LICENSE FEE, you do not
own a valid MEDIA LICENSE.

i) BUY OUT

Upon full payment of the LICENSE FEE the MEDIA LICENSE is granted to you in
perpetuity.

ii) SUBSCRIPTION

The TERM of the SUBSCRIPTION shall commence upon receipt of the first yearly
LICENSE FEE payment. The minimum TERM of a SUBSCRIPTION is 3 (three) years. The
LICENSE FEE is to be paid as a yearly upfront payment. The SUBSCRIPTION TERM automatically
extends for additional 12 months periods, if the SUBSCRIPTION is not cancelled
in writing (email sufficient) at least 7 days prior to the next auto-renew
date. For each additional 12 months period, the yearly upfront payment of the
LICENSE FEE is due.

All rights to CONTENT are terminated at the date the TERM of the
SUBSCRIPTION expires (except as defined as “Sustained Use” in the GRANT OF
LICENSE). Upon expiration you shall delete all CONTENT from the hard drives and
any other storage media, physical or otherwise or any other copies no matter
how stored (other than in and in connection with any PRODUCTIONS).


D. LIMITATIONS

This license expressly forbids any unauthorized inclusion of the CONTENT or
new audio content derived from or based on the CONTENT or new audio content
resulting from mixing the CONTENT with other audio content in whole or in part
in any library (e.g. sample instrument, sound effects library, music library as
single accessible stems, etc.) online or offline without our express written
consent. In case you want to include our CONTENT in any such way, please
contact us to obtain an AUDIO DEVELOPER LICENSE to our CONTENT.

If you create your own sound effect stems for musical purposes (e.g. trailer
production music stems) using Sound Infusion sample sounds, please make sure to
not use Sound Infusion sounds “in the clear”, meaning unmixed with other
elements. In order to achieve that, please make sure to:

  1. Use multiple sound sources (not only Sound Infusion), like some original element (e.g. a synthesizer)
  2. Use additional musical elements (can be non-tonal, percussive only), like cymbal sweeps, whooshes, etc.
  3. Mix Sound Infusion sounds with these other sound sources in the stem mix, so that no Sound Infusion sound is “naked” in that stem mix.

The MEDIA LICENSE also forbids any re-distribution method of the CONTENT,
through any means, including but not limited to, re-selling, trading, sharing,
resampling, mixing, processing, isolating, or embedding into software or
hardware of any kind, for the purpose of re-recording or reproduction as part
of any free or commercial library of musical and/or sound effect samples and/or
articulations, or any form of musical sample or sound effect sample playback
system or device.


E. REPRESENTATION

Cultural Infusion owns and controls the rights represented herein with
respect to the CONTENT that are subject to this Agreement. Cultural Infusion
has and will hold throughout the Territory and States and during the Term the
above listed rights to exploit the CONTENT as set forth herein. Cultural
Infusion shall indemnify and hold you harmless from any and all claims,
liabilities and costs, losses, damages or expenses (excluding attorney’s fees)
arising out of any breach of these representations.


F. LIABILITY FOR DAMAGES

Cultural Infusion is not liable for any damages whatsoever (including,
without limitation, damages for loss of business profits, business
interruption, loss of business information, or any other pecuniary loss)
arising out of the use of or inability to use any Sound Infusion product, even
if Cultural Infusion has been advised of the possibility of such damages.

Cultural Infusion will not be responsible if the CONTENT does not fit your
purpose. The CONTENT is licensed ‘as is’ without warranties of any kind. Any
similarity to any other CONTENT is purely unintentional. Cultural Infusion
cannot be held responsible for any direct, indirect, or consequential loss
arising from the use of any sound samples and software licensed from this site
in whatever form, or consequential loss arising from a delayed or lost
shipment.

Cultural Infusion does not accept returns unless you have a defective
product. Defective products will be exchanged for the same product for a period
of 90 days. No refunds will be given for downloaded CONTENT.


G. PAYMENT & SHIPPING PROCESS

After payment (see: LICENSE FEE) has been received you will automatically
get an email with download links to the products purchased. If you purchase a
boxed product it will be sent to you within 14 days after payment. If you
choose the credit card payment option, your card will be debited immediately
after the order has been fully placed.

INTERNATIONAL CUSTOMERS AGREE TO BE RESPONSIBLE FOR ANY IMPORT DUTIES OR
TAXES. THESE ARE NOT INCLUDED IN OUR SHIPPING CHARGES.


H. REFUNDS

Downloaded libraries can’t be returned, so we can’t provide refunds. We may
choose to do so at our own discretion, but please be aware that as soon as
you’ve downloaded it, you can’t return it. There will be no refunds for
subscription cancellations although you may choose not to renew your
subscription after the expiry date. In the event you choose not to renew your
subscription you will still have full access to the Sound Infusion product for
the remainder of the current subscription period.


I. VIOLATION

Users who try to get past the copy protection or otherwise violate the terms
of this licensing agreement are subject to criminal and civil penalties and
liable for monetary damages. Please respect our work and do not copy it. The
more support we get from you, the more and the better products we will be able
to release in the future.


J. SOUND INFUSION PRODUCTS LICENSE AGREEMENT (MULTI USER)

By purchasing this product, you agreed below to the terms of this agreement,
you agreed to the terms, conditions and limitations of use contained in this
agreement. You purchased a license to use copyrighted audio files from Cultural
Infusion. The rights associated with this license are available to you only.


K. USERS AND WORKSTATIONS:

CUSTOMER shall be entitled to use the CONTENT within the given license
specifications (“altogether MEDIA LICENSE”) for the TERM and the number
of AUDIO USERS as specified during the purchase process. For
the avoidance of doubts, the users can be, without limitation, the employees of
the CUSTOMER, CUSTOMERs contractors and subsidiaries, like for example audio
programmers, level designers, artist, etc., while AUDIO USERS are
defined as employees and/or contractors of the CUSTOMER and sound designers
working under written contract of CUSTOMER actively accessing and working with
the CONTENT.

“WORKSTATIONS” are personal computers, notebooks and digital workstations
for audio and post-production which are being used by AUDIO USERS.

In the event that an AUDIO USER is no longer employed by CUSTOMER or under written
contract by CUSTOMER, all CONTENT obtained under this AGREEMENT, including any
incomplete product which in any way uses CONTENT, with the exception of any
PRODUCTION (as defined below) must be deleted from the former user’s hard
drives and any other storage media, physical or otherwise or any other copies
no matter how stored. Copies, in whole or in part, may not be retained by
persons who no longer qualify as AUDIO USERS under this AGREEMENT. The CUSTOMER
may add AUDIO USERS during the TERMS of this AGREEMENT for an increase of
LICENSE FEE prorated to the existing LICENSE FEE either directly (for BUY OUT
licenses) or in the following yearly payment (for SUBSCRIPTION licenses).

The rights associated with this AGREEMENT are available only to CUSTOMER and
its AUDIO USERS. These rights are not transferable or assignable without the
express written AGREEMENT of Cultural Infusion except as described below.

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
Sound Infusion audio products is prohibited. You may not sell, lend, or
giveaway, any of the licensed audio files, in whole, part, to third parties.
All rights not expressly granted are hereby reserved.


L. ALLOWED USES

Cultural Infusion grants the conditional right to use all or a portion of
the licensed audio files in your own product without further payment (royalty
free) to the CUSTOMER. The sounds licensed under this agreement may be
reproduced by the CUSTOMER, provided that the CUSTOMERs 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.


M. PROHIBITED USES

The audio files licensed under this agreement, may not be used in any
product that is primarily nature audio and therefore would compete with other
present and future Cultural Infusion products. Primarily, 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 at least 50% of
the total elapsed time of the product. Examples of prohibited products would be
environmental soundscape albums, internet radio programming consisting of only
nature sounds, nature videos without narration, some mobile applications, and
ringtones. If in doubt inquire with Cultural Infusion before using. Uses
prohibited under this license may be licensed under separate agreement—contact
Cultural Infusion for details.


N. WARRANTY

Cultural Infusion 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.


O. LICENSE HOLDER

CUSTOMER warrants that the name entered under “Licensee” during completion
of the purchase order is the full and correct current legal name of the entity
or individual for which CUSTOMER wished to obtain the license


P. LICENSE REPLACEMENT

In the event of loss or damage of product you may re-order from Cultural
Infusion at a nominal fee. Cultural Infusion shall keep a composite list of all
licensees.


Q. 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.


R. LICENSE TERM

License is limited to the TERM of SUBSCRIPTION as described below. For Multi
User Usages Cultural Infusion only allows for SUBSCRIPTION licenses. Payments
for the purchase of the license as a SUBSCRIPTION are defined as the “LICENSE
FEE” in this agreement.

Any rights to the product as stated in this agreement are only transferred
to you after the full LICENSE FEE has been paid by you and received by us.
Without receipt of the payment of the LICENSE FEE, you do not own a valid
license!


S. SUBSCRIPTION

The TERM of the SUBSCRIPTION shall commence upon receipt of the first yearly
LICENSE FEE payment. The minimum TERM of a SUBSCRIPTION is 1 year. The LICENSE
FEE is to be paid as a yearly upfront payment. The SUBSCRIPTION TERM automatically
extends for additional 12 months periods, if the SUBSCRIPTION is not cancelled
in writing (email sufficient info@soundinfusion.com.au) at least 7 days prior
to the next auto-renew date. For each additional 12 months period, the yearly
upfront payment of the LICENSE FEE is due.

All rights to CONTENT are terminated at the date the TERM of the
SUBSCRIPTION expires (except as defined as “Sustained Use” in the GRANT OF
LICENSE). Upon expiration you shall delete all CONTENT from the hard drives and
any other storage media, physical or otherwise or any other copies no matter
how stored (other than in and in connection with any PRODUCTIONS).

For the avoidance of doubt: the right of usage to the
audio content put into a PRODUCTION of CUSTOMER during the SUBSCRIPTION TERM
remains in place for sustained use in perpetuity. Any PRODUCTIONS which
rightfully use the audio content may continue to use the audio content and any
files derived from the audio content after expiration or termination of this
AGREEMENT in perpetuity.


T. 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.


U. BREACH

In the event of a breach of this agreement, action may be taken against you
by Cultural Infusion, the owner of the copyrighted materials, or its successor
in interest. Licensee agrees that any court action to enforce the terms of this
agreement will occur in the State of Victoria, Australia, or in the current
state and county of the registered home office of Cultural Infusion. 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.


V. LIABILITY

The Licensee shall not hold Cultural Infusion responsible for any loss of
business or business profits resulting directly or indirectly from the
performance of any Sound Infusion product. Cultural Infusion’s liability is
limited solely to replacement of the product.

Cultural Infusion
49 Vere Street
Collingwood VIC 3066 Australia
info@culturalinfusion.org.au