Upon purchasing the Product from our website, we grant you a non-exclusive, nontransferable, revocable licence to use the Product as set out in accordance with the terms and conditions of this Licence (and subject to your compliance with this Licence). Following purchase of the Product, the Licence is granted to you as a single user and you shall only download and/or use the Product on up to two (2) devices concurrently, both of which are owned and used by you exclusively. Should you need to use the Product on more than two (2) devices, you must inform us in writing so we can consider, but are not under any obligation to, making special arrangements, to be made on a case-by-case basis. All sounds and samples in the Product are licenced, but not sold, to you by us for commercial and non-commercial use in music, sound-effect, audio/video post-production, performance, broadcast or similar finished content-creation and production use provided they are used in conjunction with other sounds.

If you are filmmaker only and registered as a cue, we grant you the right to use the sounds in isolation in the context of a film edit only, as SFX but solely in the context of film audio and absolutely nothing else (i.e. a drone can be used in isolation on a film but it cannot be released as soundtrack in isolation). We allow you to use any of the sounds and samples in the library(ies) you’ve purchased for commercial recordings without paying any additional licence fees or providing source attribution to us. This Licence expressly forbids the resale and/or lease of the Product and expressly forbids any inclusion of content contained within the library, or any other products provided by us, into any other virtual instrument or library of any kind, without our express written consent. This Licence forbids any redistribution method of the Product, or its sounds, through any means, including but not limited to, re-sampling, 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 and/or sound effect sample playback system or device or on a standalone basis.

You cannot use the Product or any part of it save as provided for in this clause 5, and by way of example only you must not (without the prior written consent of us):

• reproduce, duplicate, copy, sell, transfer, distribute, allow any other person (whether a company, partnership individual or any organisation) to use the download, resell, slice, lend, trade, breakdown or exploit any portion of the Product without the prior, express, written consent by us and nor can you distribute the Product or any part of it in any way that allows a third party to use, download, extract or access any element of it as a standalone file or files, either alone or bundles with other content regardless of any modification you may make to it (by way of example only, you may not modify the content of the digital download and distribute that as part of a VJ loop pack or stylize it and rename it and present it as your own product);
• repackage the Product or any part of it to sell or otherwise distribute as sample packs or otherwise compete with us;
• use the Product or any part of it as source material to create new sample packs or patches from it;
• use the sounds forming part of the Product in isolation as sound effect or within any competitive products that are sold or relicensed to third parties;
• use our products for any illegal or unauthorised purpose nor may you violate any laws in your jurisdiction (including but not limited to copyright laws);
• use the Product in a pornographic, obscene, defamatory or unlawful manner;
• use the Product content or any graphic accompanying it for merchandising (for example, screensavers);
• use any artwork accompanying the Product, and for the avoidance of doubt this is not on licence to you;
• save for where expressly permitted by this Licence, slice or otherwise breakdown the sounds forming part of the Product and use sounds in isolation (for example only, you are specifically not authorised to send any part as a stem);
• share the Product with anyone else or otherwise distribute it in whole or part and for the avoidance of doubt that includes being unable to use any site share server;
• you may not otherwise transfer the Product to someone else, whether for money, for anything else or for free. If you sell and/or dispose of any device on which the Product is downloaded or otherwise stored on, you must remove the Product first; and/or
• you must not use, input, upload or otherwise process the Product, in whole or in part, with or through any artificial intelligence system, machine learning model, large language model, data mining tool, or any automated system designed to analyse, generate or manipulate data, content, or code, including but not limited to training, fine-tuning, or enhancing such systems. Any such use is strictly prohibited and shall constitute a material breach of this Licence.

Any unauthorised use or breach of the restrictions herein shall result in immediate termination of the Licence without refund.

The Product, including accompanying documentation, is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. We retain full copyright privileges and complete ownership of all recorded sounds, instrument programming, documentation and musical performances included in this Product. Any rights not specifically granted herein are reserved by us. Any unauthorised use, distribution or reproduction of the Product shall not be permitted, shall constitute a violation of law, and shall entitle us to, in addition to any other remedy at law or equity, injunctive relief. It is unlawful to deliberately circumvent, alter or delete technological measures of protection and information provided by us which identifies the products, its owner and the terms and conditions for its use. Please note that the Product has been embedded with a digital watermark specific to the serial number you have been given for this Product. If the Product ends up in a third party’s music, sound-effect, audio files or similar, you will be held legally responsible, so we ask you to keep this Product for yourself. You further agree to take all reasonable steps to protect the Product from unauthorised copying or use and you shall immediately notify us of any actual or suspected unauthorised use, copying, or distribution of the Product.

Once the Product has been downloaded, it cannot be returned and we cannot provide refunds. This clause 3 does not restrict your statutory rights under UK consumer laws.

The term of this Licence is effective from the date on which the Product is purchased and/or installed by any means and shall remain in full effect until termination of this Licence.

We may, at any time, terminate this Licence without prior notice to you if:

• you breach, or we believe that you have breached, any provision of this Licence;
• we reasonably suspect that you are using the product in a manner that infringes our intellectual property rights or that of any third-party, or otherwise in breach of applicable laws; and/or
• you attempt to assign, sublicense, or otherwise transfer any of its rights or obligations under this Licence without our prior written consent.

In the event that this Licence is terminated in accordance with this clause 5, upon termination you shall immediately cease to use, reproduce, modify, display, distribute, possess or otherwise use in any way the Product and you must immediately delete and remove the Product from all devices.

Any provision of this Licence which expressly or by implication is intended to survive termination shall continue in full force and effect. Termination of the Licence is without prejudice to any rights or remedies accrued prior to termination.

The fee for the licence granted under this Licence is the price you have paid to download the Product.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INFINITE SAMPLES DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF SATISFACTORY QUALITY, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER INFINITE SAMPLES, ITS SUPPLIERS, DEALERS, DISTRIBUTORS, NOR THE AGENTS OR EMPLOYEES OF THE FOREGOING WILL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES OF ANY SORT, (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF DATA ARISING OUT OF THE USE OF THE PRODUCT) WHETHER OR NOT SAME HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, OR OF ANY CLAIM BY ANY OTHER PARTY. NOTHING IN THIS LICENCE SHALL LIMIT OR EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION. SUBJECT TO THE FOREGOING, OUR TOTAL LIABILITY UNDER THIS LICENCE SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT

We will be entitled to assign our rights and obligations under this Licence to third parties. You may not assign your rights or obligations under this licence to third parties without our prior, express written permission.

You shall indemnify, defend and hold harmless us, our affiliates, officers, directors, employees, agents, successors and assigns (together, the Indemnified Parties) from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs and expenses (including, without limitation, all legal and professional fees and expenses), whether direct or indirect, arising out of or in connection with

• your use of the Product in breach of this Licence;
• any violation by you of any applicable law or regulation;
• any infringement or alleged infringement by you of any intellectual property or other rights of any third party; and
• any other act or omission by you in connection with your use of the Product.

This indemnity shall include, without limitation, the costs of enforcing this indemnity and of pursuing any insurance providers. The indemnity shall survive the termination or expiry of this Licence for any reason.

We will have the right to injunct or in any way restrain the exhibition, promotion or exploitation of any film or other piece of work or any of the allied and ancillary rights connected with any film or other piece of work for any cause whatsoever, including, without limitation, any alleged infringement of moral rights arising under the Copyright, Designs and Patents Act 1988. Each clause and/or paragraph of this Licence operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. Even if we delay in enforcing any terms and conditions of this licence, we can still enforce it later, if we do not insist that you do anything you are required to do under this Licence, or if we delay in taking steps against you in respect of your breaking this Licence, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

This Licence and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Licence or its subject matter or formation (including non-contractual disputes or claims).

If you have any questions or concerns in connection with the Product or this Licence, please contact us via [email protected]. You accept the terms of this Licence when you purchase the Product and further accept this Licence when you download and/or install the Product.