End-User License Agreement (EULA)
Instrument Sample Library
1. License Grant
Subject to your compliance with this Agreement, Eternaltide, INC and it’s producers (“Licensor”) hereby grants you a non-exclusive, non-transferable, worldwide license to use the audio samples, loops, presets and related materials (the “Samples”) solely for creating musical compositions, audio productions, performances, and other audiovisual works (the “Your Works”). You may incorporate the Samples into Your Works in both commercial and non-commercial projects.
2. Restrictions
You may not:
- Redistribute, resell, share, sublicense or otherwise make the Samples available as standalone files (whether for free or for payment).
- Use the Samples in isolation or in any way that allows extraction of the raw audio (for example, on royalty-free loops websites or sample-sharing forums).
- Remove, alter or obscure any copyright, trademark or other proprietary notices contained in or on the Samples.
- Use the Samples in any unlawful, defamatory or obscene context.
3. Ownership
The Samples are licensed, not sold. All title, intellectual property rights and ownership in the Samples remain with Licensor (or its third-party licensors). This Agreement does not grant you any rights to the Licensor’s trademarks or other branding.
4. Delivery & Installation
You may install and use the Samples on any computer or device you own or control. There is no limit on the number of installations for your personal use, provided that the Samples remain accessible only to you.
5. Termination
This license is effective until terminated. It will terminate automatically without notice if you fail to comply with any term of this Agreement. Upon termination you must immediately cease all use of the Samples and delete all copies in your possession or control.
6. Warranty Disclaimer
THE SAMPLES ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND. LICENSOR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
7. Limitation of Liability
IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE SAMPLES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR’S TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SAMPLES SHALL NOT EXCEED THE AMOUNT YOU PAID TO LICENSOR FOR THE SAMPLES (OR, IF FREE, ONE DOLLAR).
8. Indemnification
You agree to indemnify, defend and hold harmless Licensor and its officers, directors, employees and agents from any claims, liabilities, losses, damages, costs or expenses (including reasonable attorneys’ fees) arising out of your breach of this Agreement or your use of the Samples.
9. Governing Law
This Agreement will be governed by and construed in accordance with the laws of the State of [Your State], USA, without regard to its conflict-of-law principles. Any legal action relating to this Agreement must be brought in the federal or state courts located in [Your County], [Your State].
10. Entire Agreement
This Agreement constitutes the entire understanding between you and Licensor regarding the Samples and supersedes all prior or contemporaneous communications, proposals or agreements, whether oral or written.