TERMS AND CONDITIONS

IMPORTANT! Before use, you must read these terms and conditions before downloading these samples. Using these samples means you accept all the terms and conditions set out here. If you do not agree with any of these terms and conditions, please stop using and delete all samples obtained from AudioPervert.com , including samples transferred to any other format or used in a piece of music or any other work. These samples remain the property of AudioPervert.com at all times.

AudioPervert terms and conditions of use .

1. Use of samples. All samples available from AudioPervert are licensed, not sold, to You by AudioPervert. AudioPervert is the owner and master licensee of the samples. The payment You make gives You the perpetual, non-exclusive right to incorporate these samples in any musical production ("Production") without paying any additional royalties, license fees, or any other fees to AudioPervert or third parties. You may not distribute, sell, rent, lease, sublicense, assign, or otherwise transfer any of the samples except as incorporated in a Production. You may not distribute the samples independently of a Production, or with any directions or instructions as to how the samples may be extracted from a Production, or with any invitation, suggestion or authorisation that the samples may be extracted from a Production. You may not alter or delete any "watermark" or other ordinarily imperceptible identifier embedded within the samples. You may not distribute the samples, either in native format or reformatted, filtered, re-synthesized or otherwise edited, for use as samples, multi-samples, programs or patches in a sampler, sample playback unit, website or computer. The samples cannot be used as source playback from ROM or chip sets or embedded in any chip set. You agree that all information that You provide to AudioPervert at any and all times is accurate, complete and not misleading in any material respect. You will not disclose access codes or passwords used in accessing any area of the AudioPervert website to any other party and will maintain such codes or words as confidential. You will exercise due diligence and maintain strict safeguards on all samples received by You from AudioPervert to prevent unauthorised use or distribution thereof. If You become aware of any unauthorised use or distribution of the samples, You shall immediately notify AudioPervert at http://www.audiopervert.com/contact_audiopervert.htm

2. Indemnification. You will indemnify, save, hold harmless and defend AudioPervert from and against any and all claims, demands, suits, damages, liabilities and all reasonable expenses, including attorneys' fees, against or suffered by AudioPervert with respect to any matter that arises as a result of a breach of this Agreement by You.

3. Injunctive Relief. You acknowledge that AudioPervert has a proprietary interest in the samples and that any use by You that intends to frustrate the purpose of this Agreement, including but not limited to selling, renting, or otherwise distributing the samples independently of a Production would cause irreparable injury to AudioPervert in way that could not be adequately compensated by damages. You agree that, in the event of such improper use, AudioPervert shall be entitled to an immediate injunction without the requirement of posting a bond (to the fullest extent permissible by law).

4. Disclaimer of Warranties. AudioPervert expressly disclaims all warranties of conditions of any kind, express or implied, including without limitation, the implied warranty of title, non-infringement, merchantability and fitness for a particular purpose.

5. Limitation of Liability. You agree that AudioPervert's cumulative liability with respect to any claims made in relation to or arising out of this agreement on any theory or basis will not exceed the license fee paid by You for the samples.

6. Choice of Laws; Jurisdiction. This License Agreement will be governed by and construed in accordance with the laws of Scotland without regard to its conflicts of laws provisions. You agree that the exclusive jurisdiction for any action relating to this License Agreement will be in the courts with jurisdiction encompassing Scotland and You hereby consent to such jurisdiction.

7. Entire Agreement. This License Agreement constitutes the entire agreement between AudioPervert and You with respect to the samples.

 

© AudioPervert  21st Sep 2008