March 6, 2017
Applies to all Delicate Beats products & libraries
By installing a DELICATE BEATS product or library, you accept the following end user license agreement :
The license to use this product is granted to one single user.
All sounds and samples in this product are licensed, not sold, to you, by Delicate Beats. The license granted by this Agreement is to use the product in music production, public performance, broadcast or similar use. Delicate Beats allows you to use any of the sounds and samples in commercial recordings without paying any additional license fees.
One (1) commercial license allows you to install and activate this product on a maximum of 2 (two) computer systems or samplers, as long as you are the only user of these systems or samplers.
This license granted by this Agreement expressly forbids resale or redistribution of the related product, its sounds or their derivatives, through any means, including but not limited to: in mixed, filtered, combined, (re)synthesized or otherwise edited form through samples, loop packs, loop libraries, stems, multisamples, wavetables, soundsets, programs or patches, in a sampler, game console or any other sample playback device.
The product, including accompanying documentation, is protected by copyright laws and international copyright treaties, as well as intellectual property laws and treaties. Delicate Beats retains full copyright privileges and exclusive ownership of all sounds, instrument programming, documentation, musical performances and any other element protectable under intellectual property laws included in this product. Any rights not specifically granted herein are reserved by Delicate Beats.
Any unauthorized use, distribution or reproduction of the product shall not be permitted, shall constitute a violation of law, and shall entitle Delicate Beats to, in addition to any other remedy at law or equity, injunctive relief.
It is unlawful to deliberately circumvent, alter or delete technological measures of protection and information provided by Delicate Beats which identifies this product, any of its components and the terms and conditions for its use. In addition, by accepting the terms of this Agreement, you agree to take all reasonable steps to protect this product from unauthorized copying or use.
It is your responsibility to make a proper backup of the product. under no circumstances does Delicate Beats have an obligation to offer a re-shipment or re-download of the product.
The license granted by this Agreement is effective until terminated hereunder.
You may terminate the license at any time, by destroying all copies the product in any form (including the related documentation, if any) on all your computer systems and samplers.
Delicate Beats will have the right to terminate the license granted herein immediately if you fail to comply with any of its terms or condition of this Agreement. The license granted to you herein will terminate automatically upon any breach of Section 2.
Upon termination of this Agreement for any reason, you shall immediately stop using the Software and shall destroy and remove from all computers, hard drives, networks, and other storage media all copies of the Software.
Sections 2, 3, 4, 7 and 8 shall survive termination of this Agreement.
Sale of Delicate Beats products is final and your purchase is 100% refundable. Please choose your selection carefully.
Using this product and any supplied software is at YOUR own risk.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Delicate Beats DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF SATISFACTORY QUALITY, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE PRODUCT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER Delicate Beats, ITS SUPPLIERS, DEALERS, DISTRIBUTORS, NOR THE AGENTS OR EMPLOYEES OF THE FOREGOING WILL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES OF ANY SORT, (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF DATA ARISING OUT OF THE USE OF THE PRODUCT) WHETHER OR NOT SAME HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, OR OF ANY CLAIM BY ANY OTHER PARTY.
This Agreement represents the complete agreement between you and Delicate Beats concerning the product and it supersedes all prior agreements and representations between us.
This Agreement may be amended only by a writing executed by you and Delicate Beats.
If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be modified only to the extent necessary to make it enforceable.
The failure of Delicate Beats to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Delicate Beatsâ€™ rights with respect to such breach or any subsequent breaches.
This Agreement shall be governed by and construed under Quebec law. The sole and exclusive jurisdiction and venue for actions arising under this Agreement shall be the courts located in city of Montreal, Quebec, Canada.
Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this Agreement are material bargained for bases of this Agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this Agreement and in the decision by each party to enter into this Agreement.
Questions concerning this Agreement should be sent to the address set forth below.