BR 245 Traxx DE ME LokSound 5 European Sound files H0 N XL L M4
- Article numbers:S0268
- Last change: 2/7/2019
- Manufacturer: ESU
BR 245 is the brand new diesel electric multi-motor loco of German State Railway DB. Based on the electric locos BR 145-185 new 245 shares around 75 % of the parts with them. The four Caterpillar CAT C18 diesel motors develop 563 kW each. The loco is able to reach a maximum speed of 160 km/h. Only sometimes the traction motors need the energy of all of the four motors, so the electronic system decides by itself to start or to switch off motors during operation.
H0 N XL L M4
- Article numbers
- S0268
- Last change
- 2/7/2019
- Manufacturer
- ESU
License Agreement
This license agreement ("the Agreement") is a legal agreement between you and ESU, LLC ("ESU") for the sound samples ("Sound Samples") and software licensed from this internet site ("Content") as well as other content owned by ESU and its third party licensors that also includes images, mixes and documentation. By installing or using the Content, you are agreeing to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE GRANTED NO RIGHTS IN RESPECT OF THE CONTENT AND MUST PROMPTLY DELETE THE CONTENT YOU HAVE INSTALLED.
1.2 By using the Content, you shall not obtain any ownership, copyright, proprietary or other interest in or to the Content. The Content is licensed, not sold.
1.3 You are licensed to use, modify and combine the Sound Samples with sound samples provided by third parties, to create your own sound compositions which, subject to you complying with the terms of this Agreement, you are free to distribute as you wish provided that: (i) the Sound Samples have been mixed together to create an original work; (ii) individual Sound Samples are not used in isolation and (iii) the Sound Samples or derivatives are not used to create sound libraries for distribution to third parties.
2.1 use the Content, or any part of it, for any public performance, live broadcast or time delayed live broadcast where the Content is used unattended for commercial purposes without ESU' s prior written consent;
2.2 use the Content, or any part of it, in any competitive product;
2.3 sub-license, copy, reproduce, transmit, assign, rent, sell, lease, offer on a pay-per-play basis, distribute for money or any other consideration, or commercially exploit in any other manner or through any medium whatsoever or otherwise transfer in any way the Content or any part thereof;
2.4 manufacture and/or distribute for money or otherwise commercially exploit any product that incorporates any part of the Content. If you wish to use any part of the Content for manufacture, resale, sub-license or further distribution, you must contact ESU (and where relevant, its licensors) to enter into an appropriate agreement with ESU (and, where relevant, its licensors);
2.5 publish the results of any analysis or comparative evaluation of the Content or any part thereof without ESU' s prior written consent;
2.6 reverse engineer, recompile or disassemble any part of the Content except to the extent and in the circumstances expressly permitted by ESU and its licensors in writing or by law;
7.2 You may not assign or otherwise transfer all or any part of this Agreement or the rights granted to you hereunder.
7.3 ESU is not obliged to provide any maintenance, technical support or upgrades to you.
7.4 You agree to comply with all applicable import and export regulations and acknowledge that you have the responsibility for obtaining all necessary licenses to export, re-export, transfer or import the Content.
7.5 This Agreement constitutes the entire agreement between you and ESU with respect to the subject matter hereof and supersedes all prior agreements, arrangements and understandings between the parties and constitutes the entire agreement between the parties relating to such subject matter hereof. No addition to or modification of any provision of this Agreement shall be binding upon ESU and you unless made by a written instrument signed by a duly authorized representative of ESU and you.
7.6 No forbearance, delay or indulgence by either party in enforcing the provisions of this Agreement shall prejudice or restrict the rights of that party nor shall any waiver of its rights operate as a waiver of any subsequent breach and no right, power or remedy herein conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.
7.7 Notwithstanding that the whole or any part of any provision of this Agreement may prove to be illegal or unenforceable the other provisions of this Agreement and the remainder of the provision in question shall remain in full force and effect.
1. GRANT OF LICENSE
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1.3 You are licensed to use, modify and combine the Sound Samples with sound samples provided by third parties, to create your own sound compositions which, subject to you complying with the terms of this Agreement, you are free to distribute as you wish provided that: (i) the Sound Samples have been mixed together to create an original work; (ii) individual Sound Samples are not used in isolation and (iii) the Sound Samples or derivatives are not used to create sound libraries for distribution to third parties.
2. PROHIBITED USES
Neither you, nor anyone at your direction, shall:2.1 use the Content, or any part of it, for any public performance, live broadcast or time delayed live broadcast where the Content is used unattended for commercial purposes without ESU' s prior written consent;
2.2 use the Content, or any part of it, in any competitive product;
2.3 sub-license, copy, reproduce, transmit, assign, rent, sell, lease, offer on a pay-per-play basis, distribute for money or any other consideration, or commercially exploit in any other manner or through any medium whatsoever or otherwise transfer in any way the Content or any part thereof;
2.4 manufacture and/or distribute for money or otherwise commercially exploit any product that incorporates any part of the Content. If you wish to use any part of the Content for manufacture, resale, sub-license or further distribution, you must contact ESU (and where relevant, its licensors) to enter into an appropriate agreement with ESU (and, where relevant, its licensors);
2.5 publish the results of any analysis or comparative evaluation of the Content or any part thereof without ESU' s prior written consent;
2.6 reverse engineer, recompile or disassemble any part of the Content except to the extent and in the circumstances expressly permitted by ESU and its licensors in writing or by law;
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You acknowledge that all intellectual property rights in the Content are and shall remain vested in ESU and its licensors. You undertake not to interfere with or diminish, whether by act or omission, the rights, title and interest in the Content of ESU and its licensors. You may be held responsible by ESU and/or any of its licensors for any infringement of any intellectual property rights in the Content. For the avoidance of doubt, provided that you comply with the terms of this Agreement, ESU shall not claim ownership of the intellectual property rights in any compositions created by your use of the Content.4. TERM AND TERMINATION
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Neither ESU nor its licensors shall have any liability to you for any loss or damage caused directly or indirectly in connection with the Content, any part thereof or this Agreement, except to the extent that such liability cannot be lawfully excluded. In any case, neither ESU nor its licensors shall be liable for any loss of business, data, profits, savings, or any other special, incidental, consequential, indirect or economic loss whatsoever even if such losses were contemplated at the date of this Agreement.7. GENERAL
7.1 You acknowledge that damages alone might be insufficient remedy for any breach of the terms of this Agreement and that the remedies of injunction, specific performance or other equitable relief would be suitable remedies in the event of any breach or threatened breach of this Agreement.7.2 You may not assign or otherwise transfer all or any part of this Agreement or the rights granted to you hereunder.
7.3 ESU is not obliged to provide any maintenance, technical support or upgrades to you.
7.4 You agree to comply with all applicable import and export regulations and acknowledge that you have the responsibility for obtaining all necessary licenses to export, re-export, transfer or import the Content.
7.5 This Agreement constitutes the entire agreement between you and ESU with respect to the subject matter hereof and supersedes all prior agreements, arrangements and understandings between the parties and constitutes the entire agreement between the parties relating to such subject matter hereof. No addition to or modification of any provision of this Agreement shall be binding upon ESU and you unless made by a written instrument signed by a duly authorized representative of ESU and you.
7.6 No forbearance, delay or indulgence by either party in enforcing the provisions of this Agreement shall prejudice or restrict the rights of that party nor shall any waiver of its rights operate as a waiver of any subsequent breach and no right, power or remedy herein conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.
7.7 Notwithstanding that the whole or any part of any provision of this Agreement may prove to be illegal or unenforceable the other provisions of this Agreement and the remainder of the provision in question shall remain in full force and effect.
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