The following license is granted non-exclusively to all purchasers of our products. This version (updated February 23, 2023) supersedes any prior printed or digital versions of our license.

If you represent a business that will have more than one user, and you need a Multi-User License, please contact us.

INDIVIDUAL LICENSE AGREEMENT

YOU AGREE TO BE BOUND BY THE TERMS OF THIS PURCHASE AGREEMENT BY YOUR PLACING AN ONLINE ORDER FOR THE PRODUCTS. IF YOU DO NOT AGREE, DO NOT ORDER OR DOWNLOAD ANY OF THE PRODUCTS.

You are purchasing a single user license to Bowser & Blue Products, Virtual Instrument software and audio files. The rights associated with this license are available to you only. The license is nontransferable, which means you cannot sell or give another individual or entity the right to use the software. Unauthorized resale of Bowser & Blue 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 Bowser & Blue for details. All rights not expressly granted are hereby reserved.

Bowser & Blue retains copyright ownership of all recorded sounds, instrument programming, documentation and musical performances included within each product. All past and future versions of any Bowser & Blue product, including any versions previously published or sold through any other entity are fully bound and covered by this agreement.

Allowed Uses

Bowser & Blue is granting 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.

Limitations

This license expressly forbids any unauthorized inclusion of the content in any library (e.g. sample instrument, sound effects library, sfx tool kit for a production music company, etc.) online or offline without our express written consent. The 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. Production music stems using Bowser & Blue content, require multiple sound sources. Stems using Bowser & Blue content should not be delivered "naked", meaning not layered with other elements (Bowser & Blue content or other).

The licensee shall not use the licensed products or any part thereof with generative AI or ML models (artificial intelligence, machine learning, deep learning, neural networks, or similar technologies designed to automate the generation of or aid in the creation of new content) or in any research project of similar nature without the prior written consent.

License Holder

You warrant that the name entered during completion of the purchase order is your full and correct current legal name.

License Replacement

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

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.

Term

The license is Lifetime of the named Licensee.

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.

Refunds

All sales are final. Downloaded products cannot be returned, so we cannot provide refunds. We may choose to do so at our own discretion.

Breach

In the event of a breach of this agreement, action may be taken against you by Bowser & Blue, the owner of the copyrighted materials, or its successor in interest. Licensee expressly agrees all matters arising out of or related to this agreement are governed by the laws of the Quebec, Canada and that the agreement may include terms, conditions or limitations that are unenforceable or are otherwise void in other jurisdictions. Licensee agrees that any court action to enforce the terms of this agreement will occur in the State of Quebec, Montreal, or in the current state and county of the registered home office of Bowser & Blue. 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.

Liability

The Licensee shall not hold Bowser & Blue responsible for any loss of business or business profits resulting directly or indirectly from the performance of any Bowser & Blue product.

Bowser & Blue

For further questions and inquiries contact us

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