Single End-User License Agreement
Your use of any Vocal Downloads product ("VOCAL SAMPLES AND/OR RELATED PRODUCTS") acknowledges your acceptance of the following terms and conditions. In the event of a breach of this License Agreement, action may be taken against you (or your assignees) directly by the owner of the copyright(s). Intellectual Property laws, including but not limited to international copyright laws and treaties, fully protect the VOCAL SAMPLES AND/OR RELATED PRODUCTS.
1. GRANT OF LICENSE: Upon payment of the one time license fee, Vocal Downloads ("Licensor") grants you a limited, non-exclusive worldwide right to: (i) use this copy of the VOCAL SAMPLES AND/OR RELATED PRODUCTS on a single computer or similar playback device, and (ii) use or incorporate the VOCAL SAMPLES AND/OR RELATED PRODUCTS in your own original compositions without restriction, and without any further royalties or other compensation due Vocal Downloads. All rights not expressly granted to Licensee are reserved by Licensor .
2. RESTRICTIONS ON USE: Licensee may not electronically transfer the VOCAL SAMPLES AND/OR RELATED PRODUCTS, or make the VOCAL SAMPLES AND/OR RELATED PRODUCTS available, to multiple computers or over a network system [UNLESS OWNED BY LICENSEE]. Licensee may not distribute copies of the VOCAL SAMPLES AND/OR RELATED PRODUCTS or accompanying materials to other third parties. Other than as part of your own original composition(s),Licensee may not
modify, re-sing, adapt, translate, reverse engineer, decompile, disassemble,
for the purpose of creating sample libraries based on the VOCAL SAMPLES AND/OR RELATED
PRODUCTS or its accompanying printed or written materials without
permission. For the avoidance of doubt, Licensee can sing along with
VOCAL SAMPLES AND/OR RELATED PRODUCTS as part of Licensee's
own original composition.
Licensee shall not assign, rent, lease, sell, sublicense, or otherwise transfer the VOCAL SAMPLES AND/OR RELATED PRODUCTS to another party without prior written consent of Vocal Downloads. Any party authorized by Vocal Downloads to receive the VOCAL SAMPLES AND/OR RELATED PRODUCTS must agree in writing to be bound by the terms and conditions of this Agreement.
3. VOCAL SAMPLES AND/OR RELATED PRODUCTS OWNERSHIP: As the Licensee, you own the hard drive to (not from) which the VOCAL SAMPLES AND/OR RELATED PRODUCTS is downloaded. Licensor shall retain full and complete title to the VOCAL SAMPLES AND/OR RELATED PRODUCTS (and their related copyrights) and all subsequent copies of the actual VOCAL SAMPLES AND/OR RELATED PRODUCTS, regardless of the media or form on or in which the original copies may exist or were transferred. The License is not a sale of the original VOCAL SAMPLES AND/OR RELATED PRODUCTS or any of the underlying material.
4. COPYRIGHT: Vocal Downloads protects its copyright by all necessary means, including any legal action for infringement, or otherwise. All rights, title, and copyrights in and to the VOCAL SAMPLES AND/OR RELATED PRODUCTS (including, but not limited to, any related images, photographs, animations, video, audio, music, text, and "applets" originally incorporated into the VOCAL SAMPLES AND/OR RELATED PRODUCTS) and any copies of the VOCAL SAMPLES AND/OR RELATED PRODUCTS are solely owned by Vocal Downloads. International Copyright laws and treaty provisions protect the VOCAL SAMPLES AND/OR RELATED PRODUCTS. Therefore, you must treat the VOCAL SAMPLES AND/OR RELATED PRODUCTS like any other copyrighted material, except that you may use the VOCAL SAMPLES AND/OR RELATED PRODUCTS as provided in this EULA. You may not copy the printed materials accompanying the VOCAL SAMPLES AND/OR RELATED PRODUCTS without permission however.
5. SALE OF VOCAL SAMPLES AND/OR RELATED PRODUCTS IN NEW COMPOSITION: You may sell, distribute or otherwise exploit a new composition by you that incorporates a VOCAL PRODUCT purchased from Vocal Downloads (including, without limitation, to or by a third party or to the general public). Although there is no contractual obligation to do so, it would be appreciated if You (and, by transfer of rights, any third party) will provide a customary credit on copies of or on packaging related to the new commercial recording in a manner similar to the following: "Vocal Samples courtesy of Vocal Downloads.com". Wherever applicable, if the VOCAL SAMPLES AND/OR RELATED PRODUCTS contains material created by or credited to a third party (whether a songwriter, vocalist or performer, aka "artist"), you may not use that artist's name or likeness for any purpose, including promotional purposes, without the advance express written permission of both the artist and Licensor.
6. TERMINATION: Without prejudice to any other rights, Vocal Downloads may terminate this EULA if you (or your assignee) fail to comply with the terms and conditions of this EULA. In such event, all copies of the VOCAL SAMPLES AND/OR RELATED PRODUCTS and all of its component parts must be destroyed.
7. REFUNDS:. All samples are sold as is and no refundsare available unless the sample is "damaged" as the term would be understood in this industry (i.e., corrupted, unplayable, or download would not complete). Licensor shall be allowed a 30 day cure period from written notice in order to fix the problem before the refund shall become effective.
8. NO WARRANTY; LIABILITY LIMITATION; CHOICE OF LAW. Vocal Downloads expressly disclaims any warranty for the VOCAL SAMPLES AND/OR RELATED PRODUCTS. THE VOCAL SAMPLES AND/OR RELATED PRODUCTS AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE VOCAL SAMPLES AND/OR RELATED PRODUCTS REMAINS WITH YOU. In no event shall Vocal Downloads or its suppliers be liable for any claims or damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this Vocal Downloads product, even if Vocal Downloads has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. You shall indemnify and hold Vocal Downloads and its agents and assigns harmless from any damages which result from any breach by you of this provision, or any legal ruling to the contrary. In the event of a dispute, the non-prevailing party shall pay the reasonable attorneys fees and other legal costs of the prevailing party. The laws of the State of California govern this EULA. The forum for any legal matter shall in San Francisco, California.
9. Arbitration: Any controversy or claim arising out of or relating to this Agreement, or breach thereof, shall be settled by arbitration in accordance with the Arbitration Rules of the American Arbitration Association in San Francisco, California. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Three Qualified Arbitrators shall be selected by the parties in accordance with the Arbitration Rules of the American Arbitration Association. Each party shall have the right of discovery as set forth in the Federal Rules of Civil Procedure.
IF PARTY IS UNDER 18, THEY MUST HAVE A PARENT OR GUARDIAN ALSO CONSENT AND AGREE TO REGISTRATION. PRINT AND MAIL FORM TO ADDRESS BELOW OR EMAIL SIGNED AGREEMENT TO LEGAL@VOCALDOWNLOADS.COM.
CONSENTED TO AND AGREED:
Milpitas, CA 95036