TERMS AND CONDITIONS

1. About the site:

www.penguingrenade.com is operated by Penguin Grenade LLC (Email: penguingrenadesfx@gmail.com). The site distributes sound effect libraries created by Paul Stoughton.

2. Prices:

Prices are in USD.

3. Purchase and Delivery:

You must register to purchase any products on the site. Links to downloadable files are delivered to the email address You provide upon registration within 24 hours – and normally immediately after purchase. The email will contain links that are valid for 72 hours and 3 download attempts. If the links expire before You have downloaded Your purchased product(s), contact Penguin Grenade and we will help You out.

4. Usage rights and license:

The license terms and usage rights for sound effect libraries purchased through Penguin Grenade can be found in the End User License Agreement (EULA) and/or Multi-User License Agreement (MULA). Unless otherwise noted, this agreement governs all purchases made through Penguin Grenade.

5. Return policy and refunds:

Downloads cannot be returned. All sales are final and there are no refunds, unless required by consumer laws. If returns are required by a consumer law, this return policy is only valid until download of the product(s) has begun. For business purchases, all sales are final. If You have problems with a download or defects in a product, please contact us at penguingrenadesfx@gmail.com and we’ll help out.

6. Indemnity:

By using this site, You agree to indemnify Penguin Grenade for any loss or damage that may be incurred by Penguin Grenade, including without limitation, legal fees arising from Your use of the Site or Your use of any information obtained through the Site.

7. Personal Data and Privacy:

We will not sell, rent out, or give away Your email address or other contact information.

END USER LICENSING AGREEMENT

IMPORTANT-READ CAREFULLY: This Penguin Grenade End-User License Agreement (or “EULA”) is a legal agreement between You (either an individual or a single entity) and Penguin Grenade for the Penguin Grenade Audio Content You have licensed which includes the following: (i) designed sound effects, (ii) source sound files, (iii) any printed, “online” or electronic documentation/visual media files, (iv) Soundminer Radium Presets (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 protect the CONTENT. The rights granted herein are non-transferable and have to be validated by proof of purchase. All rights not expressly granted to You hereunder are reserved by Penguin Grenade.

GRANT OF LICENSE / MULTI-USER LICENSES

In return for the license fee You paid, Penguin Grenade grants a “MEDIA LICENSE” to You.

Any use of the Licensed Material by multiple individuals (even if at the same organization) or entities (i.e. two (2) or more) and/or from more than one computer requires a Multi-User License.

*For a Multi-User or Site License, please contact PenguinGrenade at penguingrenadesfx@gmail.com

The MEDIA LICENSE for this product is granted only to a single user. If You would like to purchase a multi-user license or need more information, please contact us directly at: penguingrenadesfx@gmail.com . If You are quoted and pay for a multi-user license, then You are covered under the same terms as the Single User License Agreement in addition to the terms stated in the Multi User License Agreement, but based on the number of users You are quoted for by Penguin Grenade, and such will be reflected in the invoice to Your company from Penguin Grenade.

All CONTENT in this product is licensed, not sold, to You by Penguin Grenade for commercial and non-commercial use in music, sound-effect, audio/video post-production, performance, broadcast, interactive media, or similar finished content-creation and production use.

The MEDIA LICENSE includes the non-exclusive right to combine the CONTENT You’ve purchased for commercial recordings without paying any additional license fees or providing source attribution to Penguin Grenade.

The MEDIA LICENSE includes:

1. 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, interactive media). This does not include the right to resell the CONTENT as a standalone product in whole or in parts.

2. Synchronization rights

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

3. 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 is granted worldwide and unlimited in time.

LIMITATIONS

This license expressly forbids any unauthorized inclusion of the CONTENT in any library (e.g., sound effects library, etc.) online or offline without our express written consent.

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.

The CONTENT may not be used to train AI models or other equivalent algorithms in this category (neural network, machine learning, etc.) meant to replicate the sonic characteristics of the CONTENT without the consent of Penguin Grenade LLC.

LIABILITY FOR DAMAGES

Penguin Grenade is not liable for any damages (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 Penguin Grenade product, even if Penguin Grenade has been advised of the possibility of such damages.

VIOLATION

Users who violate the terms and conditions of this licensing agreement are subject to criminal and civil penalties and liable for monetary damages. Please respect Penguin Grenade’s work – do NOT copy it. The more support Penguin Grenade gets from You, the more and better products Penguin Grenade will be able to create, develop, and release in the future.

Penguin Grenade will not be responsible if the CONTENT does not fit Your specific needs. Any similarity to any other CONTENT is purely unintentional. Penguin Grenade 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.

THE CONTENT AND SOFTWARE IS LICENSED AND PROVIDED "AS IS", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE CONTENT AND SOFTWARE OR THE USE OR OTHER DEALINGS IN THE CONTENT AND SOFTWARE.

Penguin Grenade does not accept returns unless You have a defective product. Defective products shall be exchanged for the same product for a period of 90 days. No refunds will be given for downloaded CONTENT.

MULTI USER LICENSE AGREEMENT

(Scroll to the top to get to the single user terms & conditions)

IMPORTANT-READ CAREFULLY: This Penguin Grenade 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” or “You”) and Penguin Grenade LLC (“Penguin Grenade”) for the Penguin Grenade Audio Content You licensed which includes the following: (i) designed sound effects, (ii) source sound files, (iii) any printed, “online” or electronic documentation/visual media files, (iv) Soundminer Radium Patches (altogether: “CONTENT”).

By licensing, copying or otherwise using the CONTENT, You agree to be bound and abide by the terms of this MULA.

If You do not agree to the terms of this MULA: STOP - 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 Penguin Grenade.

PENGUIN GRENADE PRODUCTS LICENSE AGREEMENT (MULTI-USER) 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, CUSTOMER’s contractors and subsidiaries, for example audio programmers, level designers, artists, etc., while AUDIO USERS are defined as employees and/or contractors of the CUSTOMER and sound designers working under written contract of CUSTOMER who are able to access and work 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 CUSTOMER has purchased a multi-user license, the number of AUDIO USERS must be such that it covers the possibility of all AUDIO USERS accessing the library simultaneously. For example, if CUSTOMER’s company is comprised of 50 AUDIO USERS, you cannot purchase 5 licenses and expect that to adequately cover the companies usage of the library. In this hypothetical scenario CUSTOMER would require 50 license seats.

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, 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 increased LICENSE FEE prorated to the existing LICENSE FEE (for BUY OUT 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 Penguin Grenade.

LICENSE HOLDER

CUSTOMER warrants that the name entered under 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.

GOVERNING LAW

The laws of the State of Washington govern this EULA and MULA, and venue for any suit hereunder is in King County Superior Court and/or the United States District Court for the Western District of Washington located in Seattle, Washington.

Mediation:

As a Condition precedent to the hearing of any trial or arbitration, the parties to this EULA and/or MULA shall submit any and all disputes between them to non-binding mediation with the assistance of an experienced mediator. The parties shall each designate a representative with full settlement authority who will participate for at least four hours in the mediation. The parties shall bear equally all expenses, exclusive of attorneys’ fees, associated with the mediation.

Arbitration:

All other claims, disputes, and other matters in question between Penguin Grenade and Customer arising out of, or relating to, the EULA and/or MULA, at Penguin Grenade’s sole option, may be decided by arbitration in accordance with the Arbitration Rules of the American Arbitration Association then obtaining. Commercial (U.S. domestic): Any controversy or claim arising out of or relating to this EULA and/or MULA, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial [or other] Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

International:

Any controversy or claim arising out of or relating to this EULA and/or MULA, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules.