License Agreement

END USER LICENSE AGREEMENT

IMPORTANT: Please read this license carefully before using the copyrighted software, media files, digital assets, or other Content purchased from RoxySound Dzhamal Barakat (hereinafter referred to as “RoxySound”).

This End User License Agreement (hereinafter “EULA”) is a legal agreement between the Licensee (an individual person hereinafter “You” or “Your”) and RoxySound Dzhamal Barakat (hereinafter “RoxySound”) for the copyrighted software, media files, digital assets, music, audio, video, designed sound effects, source sound files, libraries, collections, and any printed, online, or electronic documentation and related content (hereinafter the “Content”) You have licensed. The specific Content which You are licensing is listed on Your purchase receipt.

Content has been licensed to You by RoxySound and not sold to You. Your use of the Content is limited by this EULA and copyright laws.

ACCEPTANCE

You accept and agree to be bound by the terms of this agreement by purchasing, installing, downloading, licensing, or otherwise using the Content. If You do not agree with the terms of this EULA, do not use the Content. The Content is protected by copyright laws and treaties as well as laws and treaties related to other forms of intellectual property. Your license to download and use the Content is subject to these rights, is non-transferable, and can only be validated by proof of purchase. Rights not expressly granted to You are reserved by RoxySound.

Acknowledgement of Agreement Upon Purchase

By purchasing any product from RoxySound, You expressly acknowledge that You have read, understood, and agreed to the terms and conditions outlined in this EULA. Your purchase constitutes Your full acceptance of this Agreement, even if You have not read it in full.

Language of the Agreement

This Agreement is provided in English, which is the official and binding language for all purposes. Any language barrier, misunderstanding, or lack of English proficiency shall not be considered a valid basis for dispute or non-compliance with the terms of this Agreement, including in any legal or judicial context. If You are unsure about any part of the Agreement, it is Your responsibility to seek independent advice or a qualified translation before proceeding with the purchase or use of the Content.

1. LICENSE

1.1 Synchronization and Use in Your Products, Productions, Performances

RoxySound grants You commercial and non-commercial use of the Content when used in combination with Your music, audio, video, film, motion graphics, post-production, theatrical performance, mobile apps, video games, podcasts, broadcast, or similar finished goods, performances, or productions. You may use the Content as a soundtrack “synced” with visual images or sounds as part of Your media-related products and/or productions.

You may distribute and/or publicly perform reproductions of the Content only where it is incorporated in and/or synchronized with other media production elements, performances, or finished goods. Your use of the Content must include at least one additional media element: sounds, music, voice, images, video, motion graphics, animations, gameplay, etc.

1.2 Royalty-Free, No Attribution

The Content You licensed may be combined or synchronized for commercial recordings, productions, or performances without any additional license fees (royalties) or source attribution for RoxySound. You are permitted to re-record or synchronize the Content as described in this EULA and distribute Your products, productions, or performances via any medium You choose: videotape, film, CD-ROM, DVD, streaming, or digital formats.

1.3 User License, Non-transferable

In consideration of the license fee You paid and subject to the terms of this EULA, RoxySound grants You (a single user, person) a limited, non-exclusive, non-transferable, perpetual, royalty-free license, without the right to sub-license, to use the Content in accordance with this EULA. The license herein granted shall not be copied, shared, distributed, resold, offered for resale, transferred, or sub-licensed in whole or in part.

1.4 Installation and Backup

You may install and use the Content on a single computer workstation. You may make one copy for archival (backup) purposes only.

2. LIMITATIONS & USE RESTRICTIONS

2.1 Use Must be Synchronized

You are not permitted to distribute or create reproductions of the Content where it is not incorporated in and/or synchronized with other media production elements, performances, or finished goods.

2.2 Not for Use in Media or Content Creation Products

You are not permitted to use or include the Content, in whole or in part, in products, productions, or applications for ringtones, sound or music creation software or hardware, media authoring and content creation tools/software/apps, or music/audio performance hardware/devices/instruments.

2.3 You May Not Redistribute or Resell Like Products

You are not permitted to resell, redistribute, or share the Content as a standalone product in whole or in part. You are prohibited from adapting, modifying, reformatting, or repackaging the Content for resale or distribution as a like product. Without obtaining express written consent from RoxySound, You may not redistribute through any means, including but not limited to trading, sharing, resampling, mixing, processing, isolating, or embedding into software or hardware of any kind, for the purpose of inclusion of the Content as part of any free or commercial library of music and/or sound effect samples and/or articulations or any form of music, sample, or sound effect playback system or device.

You may not include the Content in any media library (e.g., sample instrument, sound effects library, collection of like media Content, etc.) online or offline without our express written consent.

If You wish to use our product in a sample instrument, sound effects library, collection of media content, or in any other form not covered by this Agreement, please contact us at hi@roxysounddzhamalbarakat.com for a custom price evaluation and further discussion.

2.4 Prohibition on Use for AI Training or Model Development

You are strictly prohibited from using any content obtained from RoxySound — including but not limited to sounds, audio files, music, images, graphics, video, metadata, text, documentation, or any derivative materials — for the purpose of training artificial intelligence (AI) systems, machine learning models, neural networks, large language models (LLMs), or any similar automated systems.

This restriction applies to all forms of AI-related development including but not limited to: supervised learning, unsupervised learning, deep learning, data labeling or annotation, prompt tuning or fine-tuning of models, and any research, academic, or commercial project involving model training or inference.

RoxySound content may not be ingested, analyzed, indexed, tokenized, sampled, embedded, or otherwise processed in any way for use in current or future AI systems or tools.

Violation of this clause will result in immediate termination of this license and may be subject to legal action.

3. LIMITATION OF RESPONSIBILITY

3.1 Limitation of Liability and Indemnity

To the fullest extent permitted by law, RoxySound, its owners, employees, agents, affiliates, and distributors shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages — including but not limited to loss of profits, loss of business, loss of data, business interruption, reputational harm, or pecuniary loss — arising out of or related to this Agreement, the Content, or Your use or inability to use the Content, regardless of legal theory, including negligence, strict liability, breach of contract, or otherwise.

This exclusion of liability applies in all jurisdictions and under all legal systems worldwide, without limitation. You accept full and sole responsibility for evaluating the fitness of the Content for Your needs.

You agree to indemnify, defend, and hold harmless RoxySound and its representatives from any and all claims, damages, liabilities, costs, and expenses (including legal fees) arising out of Your use or misuse of the Content.

3.2 Governing Law and Jurisdiction

This Agreement shall be governed exclusively by the laws of Poland. Any and all legal proceedings, disputes, or claims arising out of or relating to this Agreement shall be brought solely in the courts located in Warsaw, Poland, and nowhere else. You irrevocably consent to the exclusive jurisdiction and venue of such courts, and You waive any right to object to jurisdiction or venue on the grounds of forum non conveniens or any similar doctrine.

If any provision of this Agreement is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and will not affect the validity or enforceability of the remaining provisions.

3.3 Termination

Any failure to comply with the terms and conditions of this EULA will result in automatic and immediate termination of this license. Upon termination, You agree to immediately cease use of the Content and destroy all copies You have produced.

3.4 Copyright & Intellectual Property Rights

The Content contains copyrighted material and other proprietary material. RoxySound retains sole and exclusive ownership of all rights, title, and interest in and to the Content and all associated intellectual property rights. You may not claim ownership or authorship of the Content.

All parts of the Content are protected by copyright law and international copyright treaty provisions. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended under this EULA.

3.5 Customer Inquiries and Complaint Handling

RoxySound strives to provide high-quality content and service. However, RoxySound is under no legal or contractual obligation to respond to customer complaints, feedback, or inquiries — whether submitted via email, contact forms, or other communication channels — regardless of the nature or cause of the concern, including dissatisfaction or perceived defects in the product.

All customer communications may be reviewed, processed, or addressed solely at RoxySound’s discretion. The absence of a response or resolution does not constitute negligence, misconduct, or a waiver of rights.