Last updated on September 03, 2022.
1. Agreement and Acceptance.
This agreement (the “Agreement”) is between Heiko Sengbusch (collectively, “Licensor”) and you (either an individual or a single entity) ("you" or "your"). This Agreement is applicable for any use, downloading, or purchase of any sound recording and software sample libraries (individually, and collectively, the “Samples”) made from Licensor.
Please read this Agreement carefully before using or purchasing any Samples. By using, downloading, or purchasing any Samples, you are agreeing to be bound by this Agreement. If you do not wish to be bound by this Agreement, do not use, download, or purchase any Samples.
2. Grants of Rights
All Samples included in this purchase remain the property of Licensor and are licensed to you as the original end-user. All rights not expressly granted herein are reserved exclusively by Licensor.
- Licensor grants you the limited, personal, non-exclusive, non-transferrable, terminable, royalty free, worldwide right to use the Samples for commercial or non-commercial use.
- You may modify the Samples as part of audiovisual works and other productions of purposes within musical compositions.
- You MAY NOT use the unmodified Samples in isolation or as “naked” sounds such as, but not limited to, video game soundtracks, music stems, and or/toys without first obtaining a separate written license. In addition, 'naked' or isolated Samples are not to be sold or distributed as individually licensable 'stripes,' 'work parts,' or 'elements.'
- Loops (continuous repeating compositions that contain only a combination of modified Samples) must be used in a musical context with at least two other instruments or loops that contribute significantly to the composition. The Loop may be an element, but not the entire composition.
- You cannot sell, loan, rent, lease, assign, upload to or download from any server, or transfer all or any of the enclosed Samples to another user, or for use in any competitive product.
3. Term and Termination
The license granted in this Agreement is effective until terminated hereunder. Licensor will have the right to terminate the license granted herein immediately if you fail to comply with any term or condition of this Agreement. The license granted to you herein will terminate automatically upon any breach of Section 2. Upon termination of this Agreement for any reason, you shall immediately stop using the Samples and shall destroy and remove from all computers, hard drives, networks, and other storage media all copies of the Samples.
4. Disclaimers and Limitation of Liability
The Samples are licensed ‘as is’ without warranties of any kind. Licensor is not obligated to provide you with any support in connection with the Samples.
You agree that Licensor shall have no liability whatsoever for any use you make of the Samples. You shall indemnify and hold harmless Licensor from any third party claims, damages, liabilities, costs and fees (including reasonable attorney fees) arising from your use of the Samples as well as from your failure to comply with any term of this Agreement.
Under no circumstances and under no legal theory will Licensor’s liability hereunder exceed the price paid by you for the Samples.
This Agreement contains the entire understanding between you and Licensor in relation to the Samples. The validity, construction, and performance of this Agreement shall be governed and construed in accordance with the laws of Germany, without giving effect to any conflict of laws provisions. The Federal and state courts located in the Germany, shall have sole and exclusive jurisdiction over any disputes arising under the terms of this Agreement.