SOUND LIBRARIES LICENSE AGREEMENT
The following license agreement is granted for all sound libraries purchased through the website and on Bandcamp and any free library we might have available to download for you as an individual or as company owner with up to 10 employers.
GRANT OF LICENSE
After purchasing one or all of the above named sound effects library, Outer Fields grants the Licensee (You), a worldwide, non-exclusive, royalty-free license to use all or any of the sound effects laid out in this agreement.
1) Licensee can use the licensed sound effects on an unlimited number of projects for the entirety of their lifetime.
2) Licensee can use the licensed sound effects for personal and commercial projects without attribution to Outer Fields (see exceptions below)
3) Licensee can use the licensed sound effects for synchronization for audio and visual projects without limitations.
These projects can be the following:
- Films, television, radio, and documentaries (credits appreciated)
- Commercials (credits appreciated)
- Kontakt Sound Libraries ( No original sounds)
- Virtual Instruments (No original sounds)
- Video games (credits appreciated)
- Podcasts and audio dramas (credits appreciated)
- Applications including software (No original sounds)
- YouTube productions (No original sounds to create long videos)
- Spotify ( No original sounds to create tracks)
- Blogs and websites ( original sounds with credits)
- School, university projects especially for audio students (credits appreciated)
- Prisons (credits appreciated)
- Concerts, theater or even live events (Djs) ( No original sounds)
- Prototype projects ( No original sounds)
- Royalty-Free for any musical compositions (original sounds with credits
4) Licensee can redesign the licensed sound effects & sell them without attribution or royalties to Outer Fields but cannot sell any of the original sounds if they are not heavily modified.
1) Licensee can’t sell any of the licensed sound effects in its original form for commercial gain & claim ownership.
2) Licensee can’t upload any of the licensed sound effects in its original form to YouTube, Spotify or any other media platform, claim ownership or for commercial gain!
3) If Licensee is a professional sound library company, app developer for virtual instruments, kontakt or plugins and likes to use our original sound effects & ambience recordings for commercial gain, we always offer non exclusive payouts. Please message us at firstname.lastname@example.org
Outer Fields shall take the utmost care over the creation and maintenance of files and content. Nevertheless, Outer Fields can’t offer a guarantee that files and content are suitable to and correct for the concrete requirements of the customer.
The customer selects and uses files and content according to the specifications that are part of every product description.
Outer Fields shall, therefore, accept no liability for incorrect usage of files and content.
Files and content made available by Outer Fields serve as a recommendation only. They do not, in any case, constitute a substitute for the specialist qualifications the customer requires in order to work with the files and content provided. The customer shall, therefore, take legal and other specialist advice prior to using files and content if required. If the customer neglects to do so and damage occurs, as a result, Outer Fields shall again be excluded from liability for those damages.
THIRD PARTY OFFERS/LINKS
In some cases, Outer Fields may provide the customer with links to third-party websites and/or partner offers. Outer Fields has no control over their form and content and shall, therefore, accept no liability for the correctness, topicality, completeness, legality, and quality of the information made available. Links to other websites shall be provided solely for the convenience of portal users. Users who connect to third-party websites shall do so at their own risk.
Royalty-free & License-Free applies to all recordings that Outer Fields recorded & may not contain third party sounds that might appear in the background of some recordings. Make sure if you download sounds that contain third party sound effects that you use them at your own risk.
STOCK FOOTAGE LICENSE AGREEMENT
This “Outer Fields” Stock Footage License Agreement (“ License” ) is made by Outer Fields in favour of Licensee with respect to the Licensed Work “purchased” by Licensee through the Outer Fields Stock service upon payment of the License Fee.
- 1.1. “ License Fee” means the fee displayed at the point of purchase. Licensee must pay the License Fee, and any applicable taxes, upon purchase. All purchases are final and non-refundable.
- 1.2. “ Licensed Work” means the stock video footage clip(s)procured by Outer Fields that Licensee selects and “purchases” through Vimeo On Demand. If the Licensed Work is offered in different resolutions at different prices, the Licensed Work shall be limited to the specific version purchased.
- 1.3. “ Licensee” means the owner of the Vimeo account that purchases the Licensed Work. If the Vimeo account owner is an organizational entity, the organization shall designate a single employee who will have the sole right to use the Licensed Work as permitted hereunder.
- 1.4. “ Licensee Project” means an existing or future audiovisual work created or owned by Licensee.
- 1.5. “ Permitted Distribution” means distribution, whether monetized or not, by (a) online means; and (b) limited theatrical or online release within the context of a film festival. For clarity, Permitted Distribution does not include linear television (e.g., broadcast, cablecast, or satellite television), physical media (e.g., DVDs or Blu-Ray discs), or commercial theatrical release.
2. Rights Granted.
- 2.1. Licensed Work. Subject to Licensee’s compliance with the terms hereof, Vimeo grants Licensee a limited, non-exclusive, worldwide, perpetual, fully paid-up and royalty-free, non-transferrable, non-assignable, non-sublicensable right and license to incorporate the Licensed Work (or a part thereof) within one or more Licensee Project(s) for Permitted Distribution. The foregoing license includes the right to make copies of the Licensed Work for internal purposes and the right to stream, distribute, transmit, publicly perform, adapt, and sublicense the Licensed Work as part of each Licensee Project for Permitted Distribution, but not as a standalone work.
- 2.2. Delivery of Video Files. Upon purchase, the Licensed Work will be made available for download through the Vimeo On Demand service.
- 3.1. Prohibited Uses. Licensee shall not use or otherwise exploit the Licensed Work in any
- ● depicts sexual activity; is pornographic or obscene; contains defamatory statements; contains hateful or discriminatory speech; contains excessive violence; infringes upon any third party’s rights; or violates any applicable law;
- ● advertises or promotes any of the following: online gambling; alcohol; tobacco (including e-cigarettes); pharmaceutical products; illegal or recreational drugs; firearms; or any sex industry products or services; or
- ● presents any recognizable person or property from the Licensed Work in a manner that (i) would be considered unflattering or unduly controversial by a reasonable person or (ii) is connected to political campaigning (including the endorsement of any party, candidate, or platform or any negative political advertisement).
- 3.2. No Use of Stills. Licensee may not, without Outer Fields’e prior written consent, use stills (i.e.,
single frames) from the Licensed Work: (i) in any advertisement or physical or digital poster for a Licensee Project, (ii) in any cover for any physical media concerning a Licensee Project, (iii) as a “thumbnail” to represent a Licensee Project, regardless of whether other content is added, (iv) in electronic or digital templates for the purpose of resale or other distribution, (v) to create any customized products for the purpose of resale to a third-party, or (vi) in trademark, design mark, tradename, business name, service mark or logo.
- 3.3. No Standalone Use. Licensee may not sell, distribute, sublicense, or otherwise exploit the Licensed Work separately from the Licensee Project. The Licensee Project must not consist substantially of the Licensed Work alone and may not be used as a means for reselling stock footage.
- 3.4. No Machine Learning, AI or Biometric Technology Use. Licensee may not use the Licensed Work for any machine learning and/or artificial intelligence purposes, or in connection with any technologies designed or intended for the identification of natural persons.
- 3.5. No Metadata Exploitation. Licensee may not use the caption information, keywords, accompanying text or other metadata associated with the Licensed Work separate and apart from the Licensed Work, or allow third parties to access or use any such information.
- 3.6. Attribution. Licensee is not required to provide attribution with respect to the authorized use of the Licensed Work, provided that if Licensee provides attribution to other stock content providers, then it shall provide similar attribution with respect to the Licensed Work. To the extent Licensee provides attribution (whether voluntarily or as required), Licensee shall, at a minimum, list Vimeo, Inc. and the name of the original licensor (i.e., the creator who developed the Licensed Work).
- 3.7. Audit. Within 30 days of receiving written notice from Outer Fields, Licensee must provide Outer Fields with free access to copies of the final Licensee Project(s) containing the Licensed Work for the purpose of determining compliance with the terms hereof.
4. Termination. This License shall automatically terminate upon Licensee’s breach of Section 3.1 or failure to pay the License Fee. Outer Fields may terminate this License for any other breach by Licensee if, after providing 30 days’ notice of the breach, the breach remains uncured. In the event of termination, Licensee must cease using the Licensed Work in any way, delete or destroy all copies of the Licensed Work (to the extent practicable and legally permissible), and confirm to Outer Fields in writing that it has done so.
5. Intellectual Property. As between Outer Fields and Licensee, all right, title, and interest in and to the Licensed Work and any Composite shall remain the property of Outer Fields and/or the original licensor. All rights not expressly granted are reserved. Licensee may not represent or suggest that it (a) is endorsed by or affiliated with Outer Fields, the original licensor, or any person featured in the Licensed Work; or (b) is the owner or original creator of the Licensed Work or any work that is comprised mostly of the Licensed Work.
6. Representations and Warranties. ( a) Each party represents and warrants that it has the right and authority to enter into this License. (b) Outer Fields represents and warrants that (i) it has the right to grant the licenses set forth herein; and (ii) to the best of Outer Fields’s knowledge, the Licensed Work, in its original, unaltered form, does not infringe upon any third-party intellectual property right. (c) Licensee represents and warrants that each Licensee Project (except for the Licensed Work) does not and will not violate any third-party rights, including intellectual property rights.
7. Limitations on Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUTER FIELDS SHALL NOT BE LIABLE FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES; OR (B) ANY AMOUNT EXCEEDING TEN THOUSAND DOLLARS (USD $10,000) PER LICENSED WORK.
8. Disclaimers. Outer Fields provides the Licensed Work on an “as is” basis. Outer Fields makes no promises that the Licensed Work will be suitable for Licensee’s needs or that the digital files relating to the Licensed Work will be available in perpetuity. EXCEPT AS EXPRESSLY PROVIDED HEREIN, OUTER FIELDS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.
- 9.1. Outer Fields Obligations. Subject to the terms hereof, Outer Fields will defend, indemnify, and hold Licensee harmless from any and all losses (including reasonable outside attorneys’ fees) (“ Losses” ) arising out of any third-party claim (a “ Claim” ) that the Licensed Work or its authorized use by Licensee infringes upon any third-party right (including any intellectual property right).
- 9.2. Procedure. Licensee must, within 10 business days of becoming aware of a Claim or threat of a Claim, provide written notice to Outer Fields at email@example.com. Licensee agrees that this notice is a condition precedent to any right to indemnification and defense and that time is of the essence. Outer Fields shall have the right to defend or settle any Claim, provided that Outer Fields may not make admissions on Licensee’s behalf or impose obligations upon Licensee without Licensee’s prior written consent, not to be unreasonably withheld. Licensee must reasonably cooperate with Outer Fields’s defense of any Claim.
- 9.3. Make-Goods. In the event of a third-party claim, Outer Fields may, in its sole discretion, provide a reasonable replacement for the Licensed Work. Should Outer Fields do so, Licensee shall cease using the previous version. The replacement work will be licensed pursuant to the terms hereof as if originally licensed by Licensee.
- 9.4. Limitations. Outer Fields shall have no indemnification or defense obligations for claims or losses (a) that exceed the monetary cap set forth in Section 7(b); (b) arising from the use of the Licensed Work in violation of this License; (c) arising from other content used in conjunction with the Licensed Work; or (d) arising from continued use of the original Licensed Work after Vimeo provides a replacement in accordance with Section 9.3.
- 9.5. Licensee Obligations. Licensee will indemnify, defend, and hold harmless Outer Fields and its subsidiaries, parents, affiliates, directors, officers, employees, agents, and original licensors from all Losses arising from any Claim arising from: (a) the use of the Licensed Work in violation of this License; (b) Licensee’s breach of any term hereof; or (c) any Licensee Project (except for the Licensed Work) or any materials used in conjunction with the Licensed Work.
10. General. This License (a) shall be governed by the laws of Iceland, without reference to conflict of laws principles; (b) sets forth the entire understanding of the parties regarding the Licensed Work; and (c) may not be modified except in a writing that is physically signed by an authorized representative of Outer Fields. Any dispute arising out of or relating to this License shall be commenced in Iceland.
11. Notices. For inquiries regarding this License, please contact us at firstname.lastname@example.org.