End-User License Agreement For Drum Werks Multi-Velocity Samples ™
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Drum Werks Music, Inc. for the Drum Werks catalogue (current and any and all future releases) that this EULA came with, which includes samples and associated media, music, songs, printed materials, and "online" or electronic documentation ("LFA"). By licensing, copying or otherwise using the LFA, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not use the LFA.
Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the LFA. The LFA is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants you the following limited, non-exclusive rights: In consideration of payment of the license fee, which is a portion of the price, if any, you paid, Drum Werks, as Licensor, grants to you, the Licensee, a nonexclusive right to use this copy of the LFA on a single computer. You are free to use the LFA in your own original compositions without restriction. Neither the LFA nor any portion thereof may be resold or redistributed as loops, except to the extent permitted under U.S. copyright law. All rights not expressly granted to Licensee are reserved to Drum Werks or its licensors. If the LFA contains material created by a third party artist (the term "Artist" including a person and/or group performing an original work, performer, producer, engineer and/or anyone or any group who is credited on the LFA) you may not use that artist's name for any purpose, including promotional purposes, credits, use in any way of name or likeness, without the advance express written permission of both the artist and Drum Werks.
2. LFA OWNERSHIP. As the Licensee, you own the CD on which the LFA is recorded or fixed. Drum Werks shall retain full and complete title to the LFA and all subsequent copies of the LFA, regardless of the media or form on or in which the original copies may exist. The License is not a sale of the original LFA or any of the underlying material.
3. COPYRIGHT. All rights, title, and copyrights in and to the LFA (including, but not limited to, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the LFA) and any copies of the LFA are owned by Drum Werks or its suppliers. Copyright laws and international treaty provisions protect the LFA. Therefore, you must treat the LFA like any other copyrighted material, except that you may make copies as only provided in this EULA. You may not copy the printed materials accompanying the LFA.
4. RESTRICTIONS ON USE. Licensee may not electronically transfer the LFA, or make the LFA available, to multiple computers over a network system. Licensee may not distribute copies of the LFA or accompanying materials to others. Other than as part of your own original compositions, Licensee may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the LFA or its accompanying printed or written materials.
5. TRANSFER RESTRICTIONS. Licensee shall not assign, rent, lease, sell, sublicense, or otherwise transfer the LFA to another party without prior written consent of Drum Werks. Any party authorized by Drum Werks to receive the LFA must agree to be bound by the terms and conditions of this Agreement.
6. TERMINATION. Without prejudice to any other rights, Drum Werks may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the LFA and all of its component parts.
7. NO WARRANTY; LIABILITY LIMITATION; CHOICE OF LAW
NO WARRANTIES. Drum Werks expressly disclaims any warranty for the LFA. THE LFA 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 LFA REMAINS WITH YOU.
NO LIABILITY FOR DAMAGES. In no event shall Drum Werks or its suppliers be liable for any 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 Drum Werks product, even if Drum Werks has been advised of the possibility of such damages. In any case, Drum Werks's entire liability under any provision of this License shall be limited to the greater of the amount actually paid by you for the LFA or U.S. $5.00. 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.
GOVERNING LAW. The laws of the State of Connecticut govern this EULA
Basically, this EULA says that you may use these samples in any composition song you want, but you may not resell or repackage them in any form, no matter if they are altered in any way cosmetically, sonically, or otherwise! Use them in compositions but don't copy them and try to sell for your own profit.
Enjoy the drums!
Copyright 2007 Drum Werks, LLC. www.drumwerks.com.