End User Licence
Sample Packs 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 (Composition),
1. The Composition
1.1 We own and/or control all necessary rights in the Compositions as defined in the Terms and Conditions throughout the world.
1.2 All Compositions 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 Composition 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 purchase of the Compositions from us, are hereby licensed as a single user, on a non-exclusive basis:
(a) the right to include and synchronise the Composition 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 compositions) (“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 Composition 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 in its whole form and providing you do not resell it or repackage it to sell as a new digital download or via any other method;
(d) the right to use the whole or part of the digital downloads as part of your compositions 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 digital downloads and will only ever have the non-exclusive licence to use the Compositions subject to the terms and conditions 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 Compositions 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, 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 Compositions or any part of them to sell or otherwise distribute as sample packs or otherwise compete with Infinite;
(c) use the Compositions 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 Compositions 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 Compositions are linked to user accounts and are traceable; and/or
(k) You cannot reference the composers and/or creators of the Compositions or any part of them for your promotion.
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 digital download.
5. Licence fee
5.1 The fee for this licence is contained within the price you have paid to download the Composition.
6.1 You do not need to credit either composer of the Works or us in the use of your own new compositions formed.
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 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.
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 Composition and further accept this licence when you open and/or use any download from us.
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 products which are sold through www.infinitesamples.com and this licence details how you may use the products or any part of them, together with the terms and conditions.
1. LICENCE GRANT
The licence for this product is granted only to a single user. You may use this product on up to two (2) separate computers, which computers shall be owned and used by you exclusively. If you need more, special arrangements may be made on a case-by-case basis. All sounds and samples in this product are licenced, but not sold, to you by Infinite Samples for commercial and noncommercial 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, Infinite Samples grants 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). Infinite Samples allows you to use any of the sounds and samples in the library(s) you’ve purchased for commercial recordings without paying any additional licence fees or providing source attribution to Infinite Samples. This licence is non transferable and expressly forbidden resale of lease of the product. This licence also expressly forbids any inclusion of content contained within this library, or any other Infinite Samples product, into any other virtual instrument or library of any kind, without our express written consent. This licence forbids any redistribution method of this 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 or sound effect sample playback system or device or on a stand alone basis.
The product, including accompanying documentation, is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Infinite Samples retains 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 Infinite Samples. Any unauthorised use, distribution or reproduction of the product shall not be permitted, shall constitute a violation of law, and shall entitle Infinite Samples 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 Infinite Samples 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 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.
Downloaded libraries can’t be returned, so we can’t provide refunds. Please choose your selection carefully.
4. LIMITED WARRANTY/LIMITATION OF LIABILITY
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.
This licence agreement is effective from the moment the product is installed by any means. The licence will remain in full effect until termination. The licence is terminated if you break any of the terms or conditions of this agreement. Upon termination you agree to destroy all copies and contents of the product at your own expense. In the event of termination, the following sections of this licence will survive: 2, 3, 4 and 7.
6. NFR (NOT FOR RESALE):
All Infinite Samples’ products are subject to the terms of this licence agreement, unless specified otherwise.
7. BUNDLE AND UPGRADE PURCHASES:
All bundle and upgrade purchases and prices apply only to the product line at the time of purchase. Customers who purchased a bundle or upgraded to the complete product line are not eligible for additional discounts or free products on future product releases unless specifically noted by Infinite Samples.
7. GENERAL TERMS
(a) This licence shall be governed by UK law applicable to contracts fully negotiated, executed
and performed therein. Only the UK Courts shall have jurisdiction over controversies regarding
this licence; any proceeding involving such a controversy shall be brought in those Courts, in the
UK, and not elsewhere. In the event of any claim arising from the breach or alleged breach of the
terms of this licence, the prevailing party shall be entitled to reasonable attorney’s fees and Court costs.
(b) You agree that this licence contains the complete agreement between the parties hereto, and supersedes all other communication, relating to the subject matter of this licence.
(c) You acknowledge that you have read this licence and understand it and agree to be bound by its terms and conditions.