These Terms and Conditions govern the contract between you and DAW LibrarY, based in Germany at Händelstr. 18, 65193 Wiesbaden ("DAW LibrarY", "we", "us", or "our"), for any digital products or related services purchased from our website.
By purchasing, downloading, installing, copying, accessing, or otherwise using any DAW LibrarY digital content, you agree to be bound by these Terms and Conditions. If you accept these terms on behalf of a company or other legal entity, you represent and warrant that you have full authority to bind that entity to these terms. If you do not agree to these terms, you must not purchase, download, install, access, or use our digital content.
1. Definitions
For the purposes of these Terms and Conditions:
- "DAW LibrarY", "we", "us", "our" means DAW LibrarY.
- "You", "your" means the individual or legal entity purchasing or using the licensed digital content.
- "Digital Content" means any downloadable template, project file, audio material, MIDI data, preset, sample, documentation, or related content made available by DAW LibrarY.
- "Agreement" means these Terms and Conditions.
2. Scope of License
Subject to your compliance with this Agreement, we grant you a personal, revocable, non-exclusive, non-transferable, non-sublicensable license to download and use one copy of the Digital Content for the permitted purposes described in this Agreement. This license is granted to you only and does not transfer ownership of the Digital Content or any intellectual property rights in it.
3. Permitted Use
You may use the Digital Content for your own music production purposes. You may edit, modify, arrange, and incorporate elements of the Digital Content into your own original musical works.
You may commercially release musical works created by you using the Digital Content, provided that your final work is original and does not reproduce the Digital Content, or any composition, melody, melodic loop, lyric, vocal sample, or other protected part of it, on a 1:1 basis or in a way that substitutes for the original product.
You may install the Digital Content on your own devices for your personal professional use, provided that you remain the only user of the licensed copy.
4. Restrictions
You may not, unless expressly permitted by us in writing:
- use compositions, melodies, melodic loops, lyrics, vocal samples, or substantial parts of the Digital Content on a 1:1 basis or without sufficient original creative modification;
- resell, redistribute, share, sublicense, assign, gift, transfer, or otherwise make the Digital Content available to any third party;
- claim the Digital Content, in whole or in part, as your own original template, project, sample pack, sound bank, preset pack, virtual instrument, library, or similar product;
- include, isolate, extract, resample, repack, or embed any sounds or files from the Digital Content into any sample library, virtual instrument, sound reproduction system, or competing commercial product;
- remove, alter, or obscure any copyright notice, trademark, branding, or other proprietary notice;
- circumvent, disable, remove, or interfere with any technological protection measure or access-control mechanism used in connection with the Digital Content;
- make the Digital Content available on rented, shared, hosted, or public systems in a way that allows access by other users.
5. Ownership and Intellectual Property
All rights, title, and interest in and to the Digital Content, including all copyrights, neighboring rights, trademarks, product names, branding, and other intellectual property rights, remain the exclusive property of DAW LibrarY or the respective rights holder. Except for the limited license expressly granted under this Agreement, no rights are granted to you.
6. Product Information and Compatibility
You are responsible for ensuring that your computer system, software environment, digital audio workstation, plugins, and other technical setup meet the requirements stated on the relevant product page before purchase. Unless expressly stated otherwise, our Digital Content is provided for use with the software and versions specified on the applicable product page.
7. Delivery of Digital Content
Our products are digital products delivered electronically. Access to downloads is usually provided after successful payment. You are responsible for downloading and storing your purchased files in a secure manner after delivery.
8. Consumer Rights and Withdrawal
Nothing in these Terms and Conditions limits any mandatory statutory rights that apply to consumers under applicable law.
If you are a consumer, any statutory right of withdrawal and any exceptions to that right are governed by applicable law and, where relevant, by the separate withdrawal information provided during the checkout process.
9. Termination
This Agreement remains in effect until terminated.
We may terminate or suspend your license with immediate effect if you materially breach this Agreement, including by unauthorized sharing, resale, redistribution, or unlawful use of the Digital Content. In such case, you must immediately stop using the Digital Content and delete or destroy all copies in your possession or control, unless applicable law requires otherwise.
Termination of the license does not affect any rights or remedies that accrued before termination.
10. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless DAW LibrarY from third-party claims, losses, damages, liabilities, and reasonable legal costs arising out of your unlawful use of the Digital Content or your breach of this Agreement.
11. Disclaimer
The Digital Content is provided "as is" and "as available". To the extent permitted by applicable law, we do not give any express or implied warranties except those that cannot legally be excluded. In particular, we do not warrant that the Digital Content will be uninterrupted, error-free, compatible with every system, or suitable for every specific purpose.
12. Limitation of Liability
Nothing in this Agreement excludes or limits liability where such exclusion or limitation is not permitted by law, including liability for intent, gross negligence, fraud, and liability for injury to life, body, or health.
To the extent permitted by law, our liability for slightly negligent breaches of essential contractual obligations shall be limited to the foreseeable damage typical for this type of contract. In all other cases of slight negligence, our liability is excluded to the extent permitted by law.
Mandatory statutory rights, including applicable consumer protection rights, remain unaffected.
13. Data Protection
Any processing of personal data in connection with your purchase or use of our website and Digital Content is carried out in accordance with our Privacy Policy.
14. Changes to These Terms
We may update these Terms and Conditions from time to time for future purchases, for example to reflect changes in law, technology, or our business operations. The version in force at the time of your order shall apply to that order, unless a change is required by law.
15. Governing Law and Jurisdiction
This Agreement shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), to the extent legally permissible.
If you are a consumer residing in the European Union, you also retain the protection of the mandatory consumer protection provisions of the country in which you habitually reside.
If you are acting as a merchant, legal entity under public law, or public special fund, and where legally permissible, the exclusive place of jurisdiction shall be Wiesbaden, Germany.
16. Final Provisions
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain unaffected. This Agreement constitutes the entire agreement between you and us regarding the Digital Content and supersedes all prior agreements or understandings relating to the same subject matter.