These are the terms of business that govern the contract between you and DAW LibrarY (registered in Germany and registered office at 65193 Wiesbaden Händelstr. 18) (hereinafter "we", "us" or "our") for any products or services that you buy from us.
By downloading, installing, copying, accessing, clicking "accept" or otherwise using DAW LibrarY digital content, the licensee agrees to be bound by the terms of this agreement. if you accept these terms on behalf of the licensee, you represent and warrant that you have full authority to oblige the licensee to comply with these terms. if you do not agree with these terms, do not download, install, copy, access, click the "accept" button, or use DAW LibrarY digital content.
1 Definitions
"We", "our" and "us" means DAW LibrarY; "You" and "your" means the person or entity who is being licensed to use the licensed digital content; "Agreement" means this digital content license agreement between you and us.
2 Template License, Rights and Restrictions
Subject to the terms in this agreement, we grant you a personally revocable, non-exclusive license to download and use one copy of digital content solely for the specified purposes. in accordance with paragraph 3. This is not a transfer of ownership.
- Under the license, you may not:
- use for commercial purposes compositions, melodies, melodic loops, lyrics and vocal samples or parts thereof in a 1: 1 basis without creative and individual editing or addition from DAW LibrarY templates;
- include, use, resample, mix, process, isolate or embed samples (sounds) from digital content we create into any virtual instrument, sound sampling system, sound reproduction system, or any type of library;
- transfer ownership of digital content to another party;
- transfer a license;
- remove copyrights or other proprietary records from digital content;
- distribute, sublicense or otherwise provide copies of digital content to a third party;
- circumvent, remove, modify or otherwise violate any technological protection measures, information or other copy protection mechanisms used in digital content;
You are permitted to edit the original digital content and integrate portions of it into your own musical compositions only under the terms of this agreement. Resale and re-purchase of original digital content licensed under this agreement is illegal and strictly prohibited. We are under no obligation to grant anyone the permission referred to in paragraph 2. We reserve the right to charge a fee for granting such permission, and we may revoke such permission at our sole discretion by giving you notice. The limitations set forth in this agreement, including the limitations listed in paragraph 2., do not apply to the limited extent that the limitations are prohibited by applicable law. We will have the right to verify and enforce the restrictions and conditions contained in this agreement at your own expense, and you hereby agree to promptly notify us of any violations of such restrictions. You agree that your computer system and digital audio workstation meet the software requirements recommended in the specifications on the product page of each template. By clicking the "I accept the terms" button when purchasing digital content on our site, you actually sign this agreement and we authorize you to download a copy of the digital content for use in accordance with this agreement; as well as We allow you to download digital content updates as we deem necessary.
3 Terms of use
You are only allowed to use digital content for your personal use. You have the right to edit, modify digital content and create your own music master, which may be commercially released. You may not rent equipment on which our digital content is installed or through which digital content is made available. You may install our digital content on devices for your personal use only.
4 Ownership and intellectual property rights
All digital content copyrights belong to us. You do not acquire any digital content copyright under this agreement. Certain logos, product names and trademarks owned by us or third parties may be contained in digital content. You do not acquire ownership of such logos, product names, or trademarks under this agreement.
5 Termination
This agreement is valid until we terminate it for any reason or without. We may terminate this agreement without notice if you do not comply with its terms. Any such termination on our part may include injunctive relief and other fair remedies. This agreement will terminate automatically if you violate or facilitate a violation of any of the restrictions in paragraph 2. Upon termination of this agreement, you must destroy any copies of our digital content in your possession.
6 Indemnification
You agree to indemnify us and our partners, lawyers, staff, affiliates, (collectively “affiliated parties”) from any liability, loss, claim and expense, including legal costs, arising from your breach of this agreement or your use of DAW LIbrarY digital content.
7 Disclaimer and Limitation of Liability
THE DIGITAL CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE LICENSED MATERIALS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY OF THE MATERIALS. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND THE AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE LICENCED MATERIALS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. All responsibility or liability for any damages caused by the digital content, including, without limitation, damages caused by computer viruses or other malicious code contained within the digital content is disclaimed.
8 Use of Information
We reserve the right to use and transfer all information related to your use of digital content, as well as all information provided by you in accordance with our privacy policy.
9 Miscellaneous
You agree to read this agreement before downloading, copying, installing or using the licensed materials. All legal proceedings arising out of or in connection with this agreement shall be carried out exclusively in Wiesbaden, Germany. You directly submit to the exclusive jurisdiction of the said courts and agree to an extraterritorial service to the process. We reserve the right to amend this agreement without special prior notice. The latest agreement will be provided with digital content updates and you should read the agreement before using DAW LibrarY digital content. This agreement, sometimes amended as described above, is the entire and only agreement between you and us and supersedes all prior or existing agreements. If anything in our digital content conflicts with or is incompatible with this agreement, that agreement will prevail.
