End User Licence
Sample Packs and Kontakt Instrument Agreement:
Infinite Samples Ltd (we/us) is a company registered in England and Wales with company registration number 12863736 and with registered office at 7-9 The Avenue. Eastbourne BN21 3YA. We own the samples which are sold through www.inifnitesamples.com and this licence details how you may use the samples or any part of them, together with the terms and conditions.
The following are the terms agreed between us and you with respect of the use of any of the musical and literary work downloaded from us (Source Material/Samples”Source Material/Samples”),
1. The Source Material/Samples
1.1 We own and/or control all necessary rights in the Source Material/Samples throughout the world.
1.2 All Source Material/Samples and any part of them remain our property and only licensed to you as the original end-user subject to the provisions of this licence agreement and subject to the Terms and Conditions.
2.1 The Source Material/Samples or any part may be included as music on the soundtrack of a film and as per those rights granted under clause 3.1.
3. Rights granted
3.1 You , the original purchaser of the Source Material/Samples from us, are :-
3.1.1 if you have purchased under a “Single Freelance User” then you are hereby licenced as a single user only, and can only download and/or use the Source Material/Samples on up to two devices concurrently, which are owned by you personally;
3.1.2 if you have purchased under a "Company user licence” then you are hereby licenced for your company only, and can only download and/or use the Source Material/Samples on up to 5 devices concurrently, which are owned by the company and/or your annual revenue is between £[x] and £[x]];
3.1.3 if you have purchased as a "Corporate user licence” then you are hereby licenced for your company only, and can only download and/or use the Source Material/Samples on up to 10 devices concurrently, which are owned by the company and/or your annual revenue is above £[x]
In all cases referred to in clauses 3.1.1, 3.1.2 and 3.1.3 above, the licence is on a non-exclusive, non-sublicensable, non-transferrable license to download and you have the following rights:-
(a) the right to include and synchronise the Source Material/Samples on the soundtrack of any music productions (including films, video productions, radio/tv programs, commercials, computer games, multimedia presentations, library music, performances and other musical purposes within musical Source Material/Samples) (“Music Productions”) providing it is in combination with other sounds and to exploit Music Productions throughout the world by means of any and all linear media now known or hereafter devised including, but not limited to:
(i) all kinds of theatrical and non-theatrical exhibition, videogram exploitation (including, without limitation, by means of DVD, video on demand and so-called so SVOD, NVOD and download-to-own;
(ii) by means of all forms of telecommunications networks whether via electronic, wireless, cable, fibre optic or other means and any interactive or cable systems including but not limited to the internet (including broadband) whether by streaming, downloading or other methods of delivery; and
(iii) all kinds of free, basic, pay-per-view, satellite, cable and all and any other forms of television exhibition and by means of public exhibition in commercial, non-commercial and educational institutions; and
(b) the right to include the Source Material/Samples both in context on all trailers, advertisements and other advertising and promotional materials (including electronic press kits) and all "making of" programmes created in connection with the production and exploitation of a film, including a dedicated website for any Music Production;
(c) the right to use the digital download personally, in its whole form and providing you do not resell it, transfer it, allow anyone else to redownload it and only use it on two devices which you personally own, you will not rent, lease, sub-licence, loan, copy it, provide or otherwise make available and/or repackage it as a new digital download or via any other method. You are not permitted to download the Source Material/Samples onto any device not owned by you; and
(d) the right to use the whole or part of the digital downloads as part of your Source Material/Samples in conjunction with other sounds and you will own the copyright to the new works created as a whole but for the avoidance of doubt you will not own the copyright of the individual sounds used from within the Source Material/Samples and will only ever have the non-exclusive licence to use the Source Material/Sample subject to the terms and conditions and licence provisions of this agreement; and
(e) If you are filmmaker only and registered as a cue, the right to use the sounds in isolation in the context of a film edit only as SFX but only 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.
3.2 You cannot use the Source Material/Samples or any part of them save as provided for in clause 3.1 and by way of example only you must not (without the prior written consent of us):-
(a) 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 digital downloads without the prior, express, written permission by us and nor can you distribute the download 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 of a VJ loop pack or stylize it and rename it and present it as your own product);
(b) repackage the Source Material/Samples or any part of them to sell or otherwise distribute as sample packs or otherwise compete with Infinite;
(c) use the Source Material/Samples or any part of them as source material to create new sample packs or patches from them;
(d) use the sounds forming part of the Source Material/Samples in isolation as sound effect or within any competitive products that are sold or relicensed to third parties;
(e) 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);
(f) use the digital download in a pornographic, obscene, defamatory or unlawful manner;
(g) use the digital download content or any graphic accompanying it for merchandising (for example, screensavers)
(h) use any artwork accompanying any downloads and for the avoidance of doubt this is not on licence to you;
(i) Subject to clause 3.1(e) slice or otherwise breakdown the sounds forming part of the digital download and use sounds in isolation (for example only, you are specifically not authorised to send any part as a stem);
(j) share the samples with anyone else or otherwise distribute them in whole or part and for the avoidance of doubt that includes being unable to use any site share server and we would inform you that the downloaded Source Material/Samples are linked to user accounts and are traceable; and/or
(k) You cannot reference the composers and/or creators of the Source Material/Samples or any part of them for your promotion.
(l) redistribute any Source Material/Samples by any method 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 or sound effect sample playback system or device or on a stand alone basis. You may not otherwise transfer the Product to someone else, whether for money, for anything else or for free. If you sell or get rid any device on which the Source Material/Sampless is downloaded or otherwise stored on, you must remove the Source Material/Samples first. 3.3 Rights granted – Company
The terms of this End User licence apply equally to any user whether a single freelance user, a 5 user licence or 10 user licence, save that if you have purchased a 5 user licence
4.1 The term of this Licence shall be the entire period of copyright and all renewals, revivals and extensions of the same and thereafter in perpetuity, to the extent permitted by law save where you breach the terms of this licence. If you breach any of the terms of this licence we may immediately terminate it in which case you must immediately cease to use, reproduce, modify, display, distribute, possess or otherwise use in any way the Source Material/Samples and you must immediately delete and removal the Source Material/Samples from all devices.
5. Licence fee
5.1 The fee for this licence is contained within the price you have paid to download the Source Material/Samples.
6. Intellectual Property
6.1 You do not need to credit either composer of the Works or us in the use of your own new Source Material/Samples formed.
6.2 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 the Source Material/Samples. Any rights not specifically granted herein are reserved by us. Any unauthorised use, distribution or reproduction of any Source Material/Samples 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 Source Material/Samples has been embedded with a digital watermark specific to the serial number you have been given for this product. If the Source Material/Samples ends up in other people’s music, 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 this product from unauthorised copying or use.
7.1 We will be entitled to assign our rights and obligations under this licence to third parties.
7.2 You may not assign your rights or obligations under this licence to third parties without our prior, express written permission.
8.1 You shall indemnify and hold us harmless from any and all liability including legal fees arising out of or connected with your exercise of the rights licensed under this licence and any breach by you of the terms or any of them of this licence.
9.1 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.
9.2 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.
9.3 Even if we delay in enforcing any terms and conditions of this licence, we can still enforce it later, if we do no insist that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contact, 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.
10. Governing law and jurisdiction
10.1 This agreement 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.
10.2 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 agreement or its subject matter or formation (including non-contractual disputes or claims).
You accept the terms of this licence when you purchase of the download of the Source Material/Samples and further accept this licence when you open and/or use any download from us.