END USER LICENSE AGREEMENT
This agreement applies to any and all products made available to you by Musical Sampling, LLC. Agreement is executed and in full effect upon purchase.
The Product (including, without limit: recordings, samples, Kontakt scripting, graphical assets, logo and design) is licensed, not sold to you, the end user, by Musical Sampling, LLC on a perpetual, royalty-free and worldwide basis. The license granted upon purchase is for one end user only and grants you the right to: (a) synchronize the Product with moving images in your television, film, videogame, trailer, musical compositions, sound effects, or other media production (“Productions”); (b) reproduce, re-record, duplicate, or modify the Product for integrating them into your Production; and (c) publicly perform and broadcast the Product as part of your Productions and any promotion or advertisement related thereto in any means and media now known or hereafter devised in perpetuity throughout the universe. Product cannot be resold, repackaged, transferred, gifted, loaned or redistributed in any way. User may install Product on multiple computers, just so long as those computers are solely operated by user. This is to accommodate single users who incorporate multiple-computer sampling farms and/or multiple studios.
User is prohibited from submitting isolated samples to production music companies and/or production music distributors, trailer houses, etc. for purposes pertaining to needledrops, sync, licensing, royalties.
All intellectual property (including, without limit: recordings, samples, Kontakt scripting, graphical assets, logo and design) is owned by Musical Sampling, LLC. and are protected by copyright law. This agreement strictly forbids any unmodified repackaging or manipulation of said property for any sample library product not sanctioned in writing by Musical Sampling, LLC.
Music Sampling, LLC represents and warrants that it has the authority to: enter into this agreement and grant the rights granted herein, no other consent is required for Music Sampling, LLC to fully perform hereunder, and the Product shall not violate or infringe any third party right. Music Sampling, LLC will indemnify you and your successors, assigns and licensees from and against all claims, damages or expenses arising from any breach of this agreement by Musical Sampling, LLC.
The rights and remedies of Music Sampling, LLC in the event of a breach of this agreement by you shall be limited to Music Sampling, LLC’s right to recover damages, if any, in an action at law. Music Sampling, LLC shall not have the right to enjoin or restrain your use of the Product in any Production or to rescind any rights granted to you hereunder, and Music Sampling, LLC irrevocably waives any right to equitable or injunctive relief. Notwithstanding anything to the contrary contained herein, in the event of any expiration or early termination of this agreement, you may continue to use in perpetuity the Product synchronized in any Production prior to the date of such expiration or termination in the manner set forth herein.
No refunds permitted. All sales are final, so please review the Product specifications and requirements before purchase. For the avoidance of doubt, no fee other than the license fee paid by you hereunder is required to be paid to Music Sampling, LLC or any third party and no additional clearances are required for you to use the Product as set forth herein.