Shockwave-Sound.Com Master Use and Sync License Agreement

A. When downloading Tracks from Shockwave-Sound.com, you agree to the following:

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.

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. Many broadcasters and platforms (including YouTube) already have a PRO license which will cover the use of PRO Tracks on their platforms. 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/Cinema Productions and cue-sheets:

Some of our composers are members of Performance Rights Organizations (PRO's). Whenever their music is broadcast on TV or played in cinema, you are required to fill in a cue-sheet and hand this cue-sheet over to the broadcasting company / cinema 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.

Non-Exclusive license:

All our licenses are Non-Exclusive.

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 being developed for a client. For example, when a game developer or video producer creates content for their client. In such cases, the Licensee may transfer the rights within the License to that one client.

Territory:

The license is World Wide, unless otherwise specifically stated in the track title or description.

Term/Duration of License and Termination:

The License fees 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.

Credits:

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.

Privacy policy / GDPR:

When you sign up for a user account with us, you are asked to provide the information we need to fulfill 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 email newsletters occasionally 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 or Stripe. 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.

Refund policy and customer claims:

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.

Should you have any other claims towards Shockwave-Sound.com under this Agreement not covered by this Customer Satisfaction Guarantee, such claims must be made in writing to Shockwave-Sound.Com within 14 days of the earlier of: a) you gaining knowledge of the basis for the claim or, b) the event giving rise to the claim occurring. Any claims of any kind must in any event be made in writing within 6 months after the purchase.

Right to license:

Shockwave-Sound.Com is a lawful licensor or agent of the licensor of the Tracks and has 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 whether in contract, tort (including negligence), misrepresentation, restitution or otherwise liable for any consequential or incidental damages arising out of the use of the Tracks, inability to use the Tracks, or otherwise related to this Agreement, and including without limitation, liability for any loss of profits, loss of anticipated savings, loss of use or corruption of software, data or information, computer failure or work stoppage, loss of or damage to goodwill, loss of production or contracts, or any other indirect or consequential loss, suffered by you that arises under or in connection with this Agreement.

Service Availability:

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.

Injunctive Relief:

All Licenses purchased at Shockwave-Sound.com include injunctive relief (a.k.a. "No Take Down"). Both parties' rights and remedies in the event of a breach of any terms and conditions of this Agreement shall be limited solely to recover damages in an action at law, and in no event shall the parties be entitled to terminate and/or rescind the licensing Agreement, or to otherwise interfere with the use or exploitation of the licensed content.

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 and in any event be limited to the actual price paid for the license. This shall apply under any circumstances and whether the claim is based on contract, tort (including negligence), misrepresentation, restitution or otherwise.

Law and legal venue:

The Agreement is governed by Norwegian law and Vestfold County Court shall be legal venue.

If you have any questions on how you may or may not use our music, please contact us.