END USER LICENSE AGREEMENT
Last Update : October 19, 2018
IMPORTANT: PLEASE CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT
This End User License Agreement (“EULA”) represents the contractual conditions between you (either in your individual capacity, or on behalf of an entity), hereafter sometimes referred to as “you”, “Licensee” or “End User”, and Antonio Dilillo (“Cluster Sound”, “Licensor”) for the use of priced and/or free downloadable products in the form of digital audio recordings, software patches, music production software and other related materials (“Products”) available on Cluster Sound website. By downloading, purchasing and/or installing and/or otherwise using our Products, you acknowledge that you have read this EULA, understand its terms and conditions, and agree to be bound by such terms and condition.
Intellectual Property Rights
The Products from Cluster Sound are protected by law and the intellectual property of the Products remains at Cluster Sound. The Licensee, through your downloading, installing, copying or use of this product does not acquire any ownership rights to the Products. The rights to use the Products as set out in this Agreement are licensed, not sold, to you by Cluster Sound. The Products remain the property of Cluster Sound and are licensed to You as the original end-user, for use subject to the provisions below. All rights not expressly granted herein are reserved exclusively by Licensor. Licensee shall be liable to Cluster Sound for any loss or damage in this context.
Scope of Use
The Licensee can use the Products for commercial or non-commercial musical compositions (which include soundtracks of such as films, video productions, radio/TV programs or commercials, computer games and multimedia presentations, library music), public performances, and other reasonable musical purposes without the prior permission from Cluster Sound.
The Licensee can additionally use the Products to create commercial audio loops and audio stems after the purchase of a Membership Plan, exclusively available on Cluster Sound website. Only under this specific circumstance the Licensee may use the Products to create commercial loop collections and audio stems.
In general, the commercial loops and audio stems created with the Products cannot allow to extract and/or reproduce the original single sounds (drums, one shots, single notes) included in the Products. In this context, a fair use of the Products is :
– to use a multi-sample patch to compose a melodic (basslines, synth solo..) loop or audio stem
– to use a drum kit to create an ensemble drum loop
– to use a some drum samples and a multi-sample instrument to create an audio stem
The Licensee cannot use the Products (in particular their included samples, multi-samples and presets) for the creation of a sound pack or as a sound pack. The individual samples, drum kits, patches or audio loops included in the Products cannot be distributed, commercially or otherwise.
The content included in the Products cannot be repackaged in whole or in part to create sample packs nor to be used for any kind of synthesizer, virtual instrument, sample-based product or other musical instruments.
Licensee may not reformat, applying effects, filter, re-synthesize or otherwise alter the presets and audio samples included in the Products for use in any kind of commercial sample-based products not allowed in this agreement.
If you are not sure about the use of our Products for creating commercial audio loops and audio stems, please contact us at firstname.lastname@example.org
Copyright / License restrictions
A right to use the sounds is granted only to the Licensee and is NOT transferable. This license expressly forbids resale, relicensing or other distribution of the Products, either as they exist or any modification thereof. You cannot sell, loan, rent, lease, assign, upload to or download from any server, or transfer all or any of the enclosed sounds to another user.
All copying, lending, duplicating, re-selling or trading of this product or its content is strictly prohibited. Only the original Licensee of Cluster Sound products has the right to embody and reproduce the Products content within their music compositions.
The license is non-exclusive and is granted for the full period of copyright protection. You cannot electronically transfer the Products and their content or place them in any computer/sampler network.
Licensee may install and personally use the licensed Products on two devices (e.g. one laptop, one work station), provided that the said Products are used only on one device regularly. Simultaneous use on more than one hardware device is not permitted. If the single computer is connected to a multi-user system, this EULA shall apply to all users of the system. In case Licensee changes the hardware, all software on the hardware used must be deleted.
Governing law and jurisdiction
These terms and conditions shall be governed by and construed in accordance with Italian law. Disputes arising in connection with this End User License Agreement shall be subject to the exclusive jurisdiction of the Italian courts where the claim is brought by you, save where you have legal rights to bring any claim in respect of such a dispute in any other jurisdiction. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.
If any provision of agreement is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. User agrees to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favorably, when possible, to the benefit of Cluster Sound.
This agreement constitutes the complete and exclusive agreement between Cluster Sound and Licensee with respect to the subject matter hereof and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other related communication between the parties. All rights not explicitly granted in this agreement are reserved. Any clause in this agreement, which is found to be invalid or unenforceable shall be deemed deleted and the rest of this agreement shall remain unaffected. The failure or delay of Cluster Sound to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.