End User License Agreement
This contract is a legal agreement between you and Minimal Audio, Inc. By using any portion or all of the Sound Recordings included in our products, you accept all the terms of this agreement. Minimal Audio, Inc. retains all title to and ownership of Sound Recordings and reserves all rights not expressly granted to you. This license agreement is your proof of license to exercise the rights granted herein and must be retained by you.
The following information represents the terms and conditions made between the Licensors (Minimal Audio, Inc.) and the Licensees (customers who have purchased Minimal Audio, Inc. Sound Recordings).
All Sound Recordings are sold under the following Single-User Media Producer License and may be used/stored on up to two personal computers.
For a Multi-User License or Site License, please contact Minimal Audio, Inc.
Single-User Media Producer License
1. Mechanical Rights
Minimal Audio, Inc. grants the Licensee the non-exclusive right to use the purchased Sound Recordings as part of their media productions in whatever medium they choose.
2. Synchronization Rights
Minimal Audio, Inc. grants the Licensee the non-exclusive right to use the Sound Recordings as a soundtrack "synced' with visual images, games, or theatrical works.
3. Public Performance Broadcast Rights
Minimal Audio, Inc. grants the Licensee the non-exclusive right to use the Sound Recordings as part of a public viewing or broadcast of their production.
Limitations
The Sound Recordings contained within the product may not be resold as part of another sample library or collection of audio tracks using the recordings, in part or in whole. Manipulated or modified recordings of the Sound Recordings may not be sold as part of another Sample Library. The Sound Recordings may not be copied or sold for profit, except when used in the Licensee's productions as part of a greater body of work. No Remote Sites may have access to Minimal Audio, Inc. products or Sound Recordings unless a Multi-User License is purchased. The Sound Recordings may not be stored as a collection intended for multi-user use without first purchasing a Multi-User License.
The Licensee May Not
1. Claim ownership or authorship of the Sound Recordings.
2. Store or share the Sound Recordings on a private server without a Multi-User License, unless necessary, to complete a project started by the original single-user Licensee where said files are already in use in a greater body of work.
3. Store or share the Sound Recordings on a public server or torrent site.
4. Sell the Sound Recordings to individuals or groups. The recordings may be sold as part of your productions so long as it is not another Sample Library, and it is part of a greater body of work.)
The Licensee May
1. Store the purchased Sound Recordings on up to two personal computers.
2. Use the Sound Recordings in any type of media production that isn't a Sample Library or collection of audio recordings that are resold or licensed. Such productions include, but are not limited to, music, games, films, compact discs, DVDs, live sound, radio, and broadcast.
3. Use specific Sound Recordings as part of a larger project and share the sounds on other systems in order to complete that specific work, so long as you are not re-distributing, selling the sounds, or sharing the general collection (in part or in whole) on a server.
4. If you are a sound designer, editor, or media producer and you use the sound recordings within a project that needs to be transferred for further edits, mixing, or adjustments, you may share the files in that context within a closed network.
Termination
The license granted to you is effective until terminated. The license will automatically terminate without any notice from Minimal Audio, Inc. if you fail to comply with any term or condition of this agreement. Upon termination, Minimal Audio, Inc. may also enforce any and all rights provided by law.
Liability
In no event shall Minimal Audio, Inc. be liable for any damages (including without limitation, incidental, direct, indirect, special, or consequential damages, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use any product, even if Minimal Audio, Inc have been advised of the possibility of such damages.
Indemnification
If you use or distribute any product from Minimal Audio, Inc. in violation of this agreement, you hereby indemnify, hold harmless, and defend Minimal Audio, Inc. from and against any and all claims or lawsuits, including attorney's fees and costs that arise, result from, or are connected with the use of or distribution of any product in violation of this agreement.
Copyright
All Sound Recordings, Software, and documentation are owned and copyright Minimal Audio, Inc. 2023, all rights reserved. All instances of names of companies, brands, and individuals appearing in products or advertisements are trademarks or registered trademarks of their respective holders.
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Minimal Audio Licensing Agreement
By installing this Minimal Audio product, using our app and our licensed content (collectively, the “Product”), you accept the following License Agreement.
1. License
Subject to the terms and conditions of this License Agreement, the Licensor hereby grants to Licensee a non-exclusive, revocable, non-transferable, and non-sublicensable license to use the Minimal Audio Product for the Permitted Use. The license for this Minimal Audio product is granted to a single user. You may use this Product on up to two (2) separate computers, provided that they are exclusively owned and used by you. If more than one user will be using the Product at any one time, you must obtain from Minimal Audio additional license(s) for each additional user. (collectively, “Permitted Use”) All sounds, samples, presets, and wavetables in this Product are licensed to you for commercial and non-commercial use in music, game audio, film audio, live performance, broadcast, or similar finished content-creation and production use, in accordance with the terms of this License Agreement.
The Licensee understands and agrees that the Minimal Audio Product may contain or include software that is licensed to Licensor from one or more third parties (“Third Party Software”) including, without limitation, Open Source Components. The Licensee understands and agrees that, in addition to the terms and conditions in this License Agreement, the Licensee’s use of such Minimal Audio Product shall be governed by, and subject to, the terms and conditions of the applicable third party licenses for such Third Party Software (“Third Party Licenses”). It is Licensee’s responsibility to ensure its compliance with the Third Party Licenses.
This license cannot be transferred and expressly forbids resale or sublease of the Product. Also, this license forbids any inclusion of content contained within this software or library, or any other Minimal Audio Product, into any virtual instrument or library of any kind, without our express written consent. This license forbids any re-distribution of the Product, or its sounds, samples, presets, and wavetables, through any means, including but not limited to re-sampling, mixing, processing, or embedding into software or hardware of any kind. You may not use the Product to create a competitive product. You acknowledge that ownership of the Product rests solely with Minimal Audio.
Except as expressly permitted by this Agreement or any Third Party Licenses, or the extent the following restrictions are prohibited per applicable laws, Licensee shall not, and shall not permit others to (i)copy, modify, correct, adapt, translate, enhance, or otherwise prepare derivative works or improvements of the Minimal Audio Product; (ii) rent, lease, lend, sell, sublicense, assign or transfer the Minimal Audio Product, in whole or in part, to any third party; or (iii) reverse engineer, disassemble, decompile, decode, or adapt the Minimal Audio Product, in whole or in part. Licensee understands and agrees that nothing in this License Agreement grants to Licensee any right, title, or interest in and to the Minimal Audio Product, the rights in which are expressly reserved by Licensor.
2. Rights
The Product and its accompanying documentation are protected by copyright law and international copyright treaties. Minimal Audio retains full copyright privileges and complete ownership of all sound recordings, software, presets, documentation, and musical performances included in this Product. Minimal Audio reserves any rights not explicitly granted herein. The Minimal Audio Product is the confidential information of Licensor. Licensor reserves and retains its entire right, title, and interest in and to all intellectual property rights arising out of or relating to the Minimal Audio Product. Licensee shall not acquire any ownership of intellectual property rights in or to any of the foregoing as a result of this License Agreement or otherwise.
Any unauthorized use, distribution, or reproduction of the Product shall not be permitted, shall constitute a violation of law, and shall entitle Minimal Audio 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 Minimal Audio, which identifies the Products, its owner, and the terms and conditions for its use. You further agree to take all reasonable steps to protect this Product from unauthorized copying or use.
Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THE LICENSE AGREEMENT, LICENSOR HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, ORAL OR OTHERWISE, INCLUDING ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTY THAT LICENSEE WILL ACHIEVE ANY PARTICULAR RETURN ON INVESTMENT WITH RESPECT TO THE LICENSE AGREEMENT OR ANY SUBJECT MATTER HEREOF. LICENSEE IS SOLELY RESPONSIBLE FOR ANY RESULTS OBTAINED FROM USING THE MINIMAL AUDIO PRODUCT. THE LICENSOR DOES NOT WARRANT THAT THE OPERATION OR OTHER USE OF THE MINIMAL AUDIO PRODUCT OR THE BUSINESS WILL BE UNINTERRUPTED OR ERROR FREE OR WILL NOT CAUSE DAMAGE OR DISRUPTION TO LICENSEE’S DATA, BUSINESS, COMPUTERS OR NETWORKS. WITHOUT LIMITING THE FOREGOING, THE LICENSOR WILL HAVE NO LIABILITY ARISING FROM ANY SECURITY INCIDENT OR DATA LOSS OF LICENSEE.
3. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, SHALL MINIMAL AUDIO BE LIABLE FOR ANY AMOUNTS EXCEEDING THE AMOUNTS RECEIVED FROM YOU FOR YOUR LICENSE OF THE SOFTWARE, REGARDLESS OF THE FORM OF ACTION, AND WHETHER ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE (INCLUDING, WITHOUT LIMITATION, DAMAGES OR COSTS FOR LOSS OF PROFITS, BUSINESS, GOODWILL, DATA OR OTHER ASSETS, OR COMPUTER PROGRAMS), EVEN IF MINIMAL AUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. Bundle and Upgrade Purchases
All bundle and upgrade purchases and prices apply only at the time of purchase for that Product. Customers who purchased a bundle are not eligible for additional discounts or free products or future product releases unless noted explicitly by Minimal Audio.
5. Termination
This license agreement is effective from when the Product is installed by any means and will remain in full effect until termination. The license is immediately terminated, without notice or opportunity to cure, if you breach any of the terms or conditions of this Agreement. Upon termination, you agree to destroy all copies and contents of the Product. In the event of termination, the following sections of this license will survive 2, 3, 4, and 5.
6. General Terms
(a) This license shall be governed by Minnesota law applicable to contracts fully negotiated, executed, and performed therein. Only the Minnesota courts (state and federal) shall have jurisdiction over controversies regarding this license; any proceeding involving such a controversy shall be brought in those courts, in Hennepin County, and not elsewhere. In the event of any claim arising from the breach or alleged breach of the terms of this license, the prevailing party shall be entitled to reasonable attorneys' fees and court costs.
(b) You agree that this license contains the complete Agreement between the parties hereto and supersedes all other communication relating to the license's subject matter.
(c) You acknowledge that you have read this license, understand it, and agree to be bound by its terms and conditions.