End User Licence Agreement (EULA)
This End User Licence Agreement (EULA) is between you (the customer) and Etched Sounds Limited for the use of its software.
Effective Date 24th February 2021
The licensee is entitled to the use of the product within the scope of music production, performance, recording, and composition. This includes both non-commercial and commercial usage of all types, including, but not limited to, film scores, television scores, music libraries, video game soundtracks, digital and physical music releases, albums, compilations, etc. The Licensee may not sell these sounds individually via marketplace, stock music/stock audio site, etc.
The licensee MUST NOT use the product in the production of any other sample library or virtual instrument products.
The licensee MUST NOT sell individual sounds from a product in any context.
The use of unmodified Samples appearing in isolation (“in the clear”) such as, but not limited to, in video game soundtracks, gaming machines, and/or toys (where they may appear in isolation or as “naked” sound effects) is not permitted without first obtaining a separate written license (which may be issued at the sole discretion of Etched Sounds). In addition, “naked” or isolated samples are not to be sold or distributed as individually licensable “stripes,” “work parts,” or “elements.” Samples may however be provided to music publishers, TV/ film mix engineers, etc if combined together with at least one other musical element.
The licensee must not attempt to reverse engineer, decomplie, disassemble or create derivatives of the software or attempt to export the source code and modify the software in any way.
Ownership, Resale and Transfer
Redistributing, reselling, electronically transmitting, uploading, sharing, or renting the product in any way, shape, or form is prohibited by law. All Etched Sounds products are digitally finger-printed.
You are entitled to install and use the Library on up to two computers or samplers provided you are the sole owner of these devices. This License does not allow the Library to exist on more than two computers at a time, and you may not make the Library available over a network where it could be used, downloaded, or installed by multiple computers at the same time, with the exception of a network slave-host configuration such as Vienna Ensemble Pro or similar, provided that the Library location still only exists on two machines simultaneously and it is still used only by the original licensed user. The Library may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. You may make one copy of the Library in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.
Warranty and Liability
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
It is the responsibility of the user to make a proper backup of the product. Etched Sounds has no obligation to offer a re-shipment or re-download of the product. Using this product and any supplied software is at the licensee’s own risk. Etched Sounds holds no responsibility for any direct or indirect loss arising from the use of this product in whatever form.
You agree that Etched Sounds shall have no liability whatsoever for any use you make of the Software. You shall indemnify and hold harmless Etched Sounds from any third-party claims, damages, liabilities, costs and fees (including reasonable attorney fees) arising from your use of the Software as well as from your failure to comply with any term of this Agreement.
Etched Sounds constantly monitors the use of its products and will prosecute all piracy and copyright violations to the fullest extent of the law. This Agreement shall be governed by the laws of The United Kingdom, and only the courts of the city of London, United Kingdom, shall have (exclusive) jurisdiction over all disputes arising in connection with this agreement. The place of performance of this agreement shall be London, The United Kingdom.
Terminating this Agreement
This agreement is effective from when you purchase software from Etched Sounds. You may terminate at any point by permanently deleting your copy of the software and any copies or backups.
Etched Sounds may terminate this agreement at any time if you are found to be in breach of any of the terms of this agreement.