EULA
End User Licence Agreement
Kontakt Instruments / FX – Pangea and The Abyss
IMPORTANT: PLEASE READ THIS LICENCE CAREFULLY BEFORE PURCHASING OR DOWNLOADING THE PRODUCT.
This End User Licence Agreement (Licence) is a legal agreement between you (Licensee or you) and Infinite Samples Ltd (we or us), a company registered in England and Wales with company number 12863736 and registered office at 131 Finsbury Pavement, London, EC2A 1NT. It sets out the terms on which you may use our Kontakt instrument products Pangea and The Abyss (each a Product) made available via our website.
You accept the terms of this Licence when you purchase the Product and again when you download or install it.
- Grant of rights
On purchasing the Product, we grant you a non-exclusive, non-transferable, revocable licence to use the Product on the terms of this Licence and subject to your compliance with it.
The Licence is granted to you as a single user. You may download and use the Product on up to two (2) devices concurrently, both of which must be owned and used by you exclusively. If you need to use the Product on more than two devices, you must contact us in writing. We may, but are not obliged to, agree special arrangements on a case-by-case basis.
Subject to the restrictions in this Licence, you may use the sounds and samples in the Product for commercial and non-commercial purposes in music, sound effect, audio and video post-production, performance, broadcast and similar finished content creation and production.
You may use the sounds and samples in the Product in commercial recordings without paying any additional licence fees and without providing source attribution to us. - Use of sounds in isolation
As a general rule, the sounds in the Product must be used in conjunction with other sounds and not as standalone audio content.
By way of limited exception, if you are a filmmaker, sound editor or sound designer working on a film or audiovisual production, you may use individual sounds from the Product in isolation as sound effects within the audio of that production. For example, a single drone sound may be used in isolation within a film soundtrack mix. The exception does not permit you to release any sound or sound effect as a standalone track, soundtrack release, sound effect library or other product, whether on its own or bundled with other content. - Restrictions
This Licence expressly forbids the resale or lease of the Product. It also forbids the inclusion of any content from the Product, or any other products provided by us, into any other virtual instrument, sample library or sound effects library, without our prior written consent.
This Licence forbids any redistribution of the Product, or its sounds, by any means, including resampling, 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 or sound effect samples or articulations, or any sample or sound effect playback system or device, or on a standalone basis.
Without limiting the above, you must not (without our prior written consent):
reproduce, duplicate, copy, sell, transfer, distribute, lend, trade, slice, breakdown or exploit any portion of the Product, or allow any other person to download, use or access it, or 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 (whether alone or bundled with other content and regardless of any modification you make);
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;
use the sounds in the Product as standalone sound effects, or within any competitive products that are sold or relicensed to third parties, save as expressly permitted in clause 2;
use the Product for any illegal or unauthorised purpose, or in violation of any laws in your jurisdiction (including copyright laws);
use the Product in a pornographic, obscene, defamatory or otherwise unlawful manner;
use the Product content or any accompanying graphic for merchandising (for example, screensavers);
use any artwork accompanying the Product, which is not licensed to you;
save where expressly permitted by clause 2, slice or otherwise break down the sounds in the Product and use the sounds in isolation (for example, you may not deliver any part of the Product as a stem);
share the Product with anyone else or otherwise distribute it in whole or in part, including through any file share or hosting service;
transfer the Product to anyone else, whether for money, anything else or for free. If you sell or dispose of any device on which the Product is downloaded or stored, you must remove the Product first; or
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 for training, fine-tuning or enhancing such systems. Any such use is strictly prohibited and constitutes a material breach of this Licence.
Any unauthorised use, or breach of the restrictions in this Licence, will result in immediate termination of the Licence without refund. - Our rights
The Product, including any accompanying documentation, is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
We retain full copyright and complete ownership of all recorded sounds, instrument programming, documentation and musical performances included in the Product. Any rights not specifically granted in this Licence are reserved.
Any unauthorised use, distribution or reproduction of the Product is not permitted, constitutes a violation of law and entitles us, in addition to any other remedy at law or in equity, to injunctive relief.
It is unlawful to deliberately circumvent, alter or delete any technological measures of protection or information provided by us which identify the Product, its owner or the terms and conditions of its use.
The Product is embedded with a digital watermark linked to the serial number issued to you. If the Product, or content derived from it, ends up in a third party’s music, sound effects, audio files or similar content, you may be held legally responsible. You must keep the Product for your own use only.
You must take all reasonable steps to protect the Product from unauthorised copying or use and must notify us immediately of any actual or suspected unauthorised use, copying or distribution of the Product. - Refunds
Once the Product has been downloaded, it cannot be returned and we cannot provide refunds. This clause does not restrict your statutory rights under UK consumer law. - Term
This Licence takes effect on the date the Product is purchased or installed by any means and continues in full effect until terminated. - Termination
We may terminate this Licence at any time without prior notice if:
you breach, or we reasonably believe 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 those of any third party, or otherwise in breach of applicable laws; or
you attempt to assign, sublicense or otherwise transfer any of your rights or obligations under this Licence without our prior written consent.
On termination of this Licence you must immediately cease using, reproducing, modifying, displaying, distributing, possessing or otherwise using the Product in any way, and 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 this Licence is without prejudice to any rights or remedies accrued prior to termination. - Licence fee
The fee for the licence granted under this Licence is the price you have paid to download the Product. - Limited warranty and limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INFINITE SAMPLES DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT, IN RELATION TO THE PRODUCT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER INFINITE SAMPLES NOR ITS SUPPLIERS, DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES WILL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF DATA ARISING OUT OF THE USE OF THE PRODUCT) WHETHER OR NOT WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, OR OF ANY CLAIM BY ANY OTHER PARTY.
Nothing in this Licence limits or excludes 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. - Assignment
We may assign our rights and obligations under this Licence to a third party. You may not assign your rights or obligations under this Licence without our prior written consent. - Indemnity
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 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; or
any other act or omission by you in connection with your use of the Product.
This indemnity includes the costs of enforcing it and of pursuing any insurance providers, and survives the termination or expiry of this Licence. - Remedies
We will have the right to injunct or otherwise restrain the exhibition, promotion or exploitation of any film or other work, or any of the allied or ancillary rights connected with any film or other work, for any cause whatsoever, including any alleged infringement of moral rights arising under the Copyright, Designs and Patents Act 1988.
Each clause and 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 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 you breaking this Licence, that will not mean you do not have to do those things and it will not prevent us taking steps against you at a later date. - Governing law and jurisdiction
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 arising out of or in connection with this Licence or its subject matter or formation, save that if you are a consumer and resident in another part of the United Kingdom you may also bring proceedings in your local courts. - Contact us
If you have any questions or concerns about the Product or this Licence, please contact us at [email protected].
You accept the terms of this Licence when you purchase the Product and again when you download or install the Product.