Shockwave-Sound.Com Non-Exclusive Licenses
Before you conduct business on this site, you must agree to the following terms.
If you are unclear about any of these terms, please contact us prior to conducting business with us. Do not conduct business on this site until you have carefully read, clearly understood, and fully agreed to be bound by these terms.
A. When downloading Tracks from Shockwave-Sound.com, you agree to the following:
1. To not sell or distribute the Track as a Music product: This means that you may not sell or distribute the Track by itself, i.e. take the Track and include it on a music CD for sale, music album for downloadable sale, offer it for sale or licensing through a web site, or other means of trading in the Track as a music product. This is not allowed under ANY license type. The Track must be used in conjunction with another work (film, game, video, app, installation, presentation, show/event, audio book, etc).
2. To not create derivative works of our Tracks: This means that you cannot buy our Tracks, add your own voice, instruments or sounds, and then treat that as your own music. What you are doing then is to create new music that is partially built on our music, i.e. a “derivative work,” and this is not allowed under ANY license type.
B. You also agree to abide by the rules of whichever below license you choose when you buy the Track:
* A game that is free to download / free to play but has in-game purchases or makes income via in-game advertising is considered a for-profit game and needs an Extended License.
** Also includes digital download products.
*** This item refers to a video where our music is the "main purpose" of the video. This would typically be a video that plays our nursery rhyme / childrens music along with some animation, or a relaxation video that plays our music and shows some video to go along with it. The point here is that it's our music that is the "main point of interest" of the video. Our music is the main reason that somebody wants to view the video. In this case, you need an Extended License.
Use of our music in online content creation services: To use our music in a type of service where you keep our music on your server and you allow your users to use our music within their making of their own videos, slideshows, greeting cards or similar created with your system, you need a "Web Application License". The unique purpose of the Web Application License is that your users will in fact be covered by your music license, and your users will have permission to use our music in their videos / slideshows and post them online. This is not the case under the Standard, Extended or Widest License, but it is with the "Web Application License". If you wish to enquire about setting up such a license agreement, please contact us.
If you would like to use our music for something not covered in the above detailed rights, please contact us to discuss.
C. Additional terms relating to all license types
PRO and Non-PRO Tracks:
Some of our composers are members of Performing Rights Societies (PRO’s). These tracks are described on the site as “PRO Tracks”. When you license PRO Tracks from us, your license purchased here does not include the Performing Rights, as these are administered by the Performing Rights Organization in the country where the Track ends up being used. It usually means that a cue-sheet has to be filed, and this represents no additional cost, although in some cases, such as music played at German trade shows, there may be additional costs for playing PRO tracks at the venue. For more information about this, see our Article on General Royalty-Free vs Completely Royalty-Free Music.
Some of our composers are not members of any Performing Rights Society. Tracks composed by these composers are described on our site as “Non-PRO Tracks”. When you license Non-PRO tracks from us, your license does include the Performing Rights.
TV Productions and cue-sheets:
Some of our composers are members of Performance Rights Organizations (PRO's). Whenever their music is broadcast on TV or radio, you are required to fill in a cue-sheet and hand this cue-sheet over to the broadcasting company along with your film/program. This represents no additional cost, neither to you, nor to the broadcaster, but it is very important to our composers. If you want to know more about this, please read our notes about cue sheets and public performance.
Editing/changing the music:
You may edit our music (fade, crop, cut, copy, stretch, loop) etc. to fit your required cue lengths.
You may however not use our music as a basis on which to create new music. (See A-2 above).
Multiple uses under one license:
Licensee may use the licensed work in multiple episodes, versions, updates and variations under a single License purchase, so long as the uses are all done by the same client/organization and all come under the same main project / title.
Transfer of rights / license:
The License is non-transferable, except in cases where the Licensee is a producer/developer who is using the music within a project that is being developed for a client. For example, a game developer or video producer who is creating content for their client. In such cases, the Licensee may transfer the rights within the License to that one client.
Term/Duration of License and Termination:
The Standard License, Extended License and Widest License are one-time license purchases that last in perpetuity (=forever). There are no annual renewal fees. The license is however terminated if the payment is reversed / refunded / charged back / not completed.
The "Web Application License" is an annual license subscription that must be paid once per year and expires one year after the last received payment.
It is good practice to always credit the composer or any other creative work that has been done as part of your project. We encourage giving credits to the music composer, but it is not an absolute requirement. Crediting Shockwave-Sound.com is not required, but appreciated.
When you sign up for a user account with us, you are asked to provide the information we need to fulfil any orders you place on our site.
We never share your information with any third party. Only Shockwave-Sound.com staff will have access to the data.
The data will be retained on our server until such time as you as a user ask to have it deleted.
You have the right to be forgotten. Should you wish to have your user account deleted, please contact us to request this, and we will promptly delete your user account from our database.
If your user account is deleted, your information will still be stored as part of customer data on any orders you have placed with us, because the order history is not deleted even if we delete a user account. Should you wish to have the information about your past orders also deleted, please specify this in writing, and in this case, we will also delete the customer information from any and all orders you have placed on our site. Such action will completely eradicate any trace of information about you or your purchase history on our site, so it will be impossible for you to re-download your past orders, invoices, license documents, or to obtain from us any proof that a license purchase ever took place.
Being contacted by Shockwave-Sound: We send out newsletters a few times per year (no more than once per month) with major new releases, announcements and special offers. If you do not wish to receive such newsletters, please log into your Shockwave-Sound user account, go to your Profile page, and switch off the option to receive newsletters. OR, simply contact us and tell us that you do not wish to receive updates or offers from us.
At Shockwave-Sound we never get to see any financial data such as credit card numbers. These are gathered and processed by our e-commerce partners PayPal, 2Checkout or WorldPay. For information regarding their privacy policies, please refer to their websites.
If you wish to make a complaint about how your data is being stored or used, you may complain to the national data authority.
Shockwave-Sound.com has a Customer Satisfaction Guarantee. If you can't use the sound/music that you have licensed from us, please contact us about this within 30 days of your purchase. We will first try to help you with the problem that's causing you not to be able to use it. If we are unable to fix your problem, we will ask you to confirm in writing (by email) that you have deleted the sound/music from your computer(s), that you weren't able to use it, and a short explanation of the reason. We will then refund your money in full.
Representation and Warranties:
Shockwave-Sound.Com represents and warrants that we are the lawful licensor or agent of the licensor of the Tracks and have the full right and authority to enter into this Agreement and to grant you all of the rights and licenses herein granted.
Disclaimer of consequential damages:
Shockwave-Sound.Com is under no circumstances liable for any damages, consequential or incidental, arising out of the use of the Tracks or inability to use the Tracks including without limitation, computer failure, work stoppage or any other damages, even if advised of the possibility of such damages. Because some states and countries do not allow the exclusion for limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Although Shockwave-Sound.Com will employ reasonable efforts to make sure that the Site is available to Users, temporary disruptions of the services available on this Site may occur from time to time. The services provided on the Site are “as is” and Shockwave-Sound.Com is not liable to you or anyone connected to you for any such disruptions.
Limitation on liability:
You agree that our liability with respect to any claims or legal actions from you or any person deriving any rights from you shall solely be limited to the actual price paid for the license.
If you have any questions on how you may or may not use our music, please contact us.