License Fee. This Non-Exclusive and Nontransferable “Sound Packs License” (“Agreement”), having been made on and effective as of the date of purchase, which is included in the Order Receipt (“Effective Date”) by and between Sinima Beats (“Publisher” or “Licensor”) and You (“Licensee”), sets forth the terms and conditions of Licensee’s use, and the rights granted pertaining to the provided Audio Content (“Product” or “Sound Samples”); as described within the Order Receipt (“Product Title”) in consideration for Licensee’s payment (“License Fee”).
Term. The Sound Packs License shall remain in effect perpetually; whereas created derivative works may be subject to a full copyright protection period.
Purpose. The downloadable Sound Samples may be used in preparation of a Music Production, Song Recording, Video and/or Film project only. When using Sound Samples for the creation of a Musical Composition (“Instrumental Production”), the licensed Audio Content must accompany other original sounds in order to create a new Derivative Work.
Copyright. Licensee may register only the new Derivative Work for the protection of intellectual property. Licensee may not register (or permit registration) of the licensed Audio Content, as provided by Licensor, with any Copyright Office within the United States or worldwide. Licensor reserves any and all rights to the Sound Samples not expressly granted to Licensee.
Restrictions
Nontransferable. This Sound Packs License is solely valid for the End User (who has purchased directly through “Sinima Beats”). Sharing, resale, loan, rental, or transfer of these Sound Samples in any medium or format is strictly prohibited. They may not be included, whether unmodified or as part of a derivative work, in any sample library, virtual instrument or similar product.
Derivative Work. Licensee’s Project, which comprises of the licensed Sound Samples, shall be deemed a “Derivative Work.” In addition, Sound Packs may be used for the purpose of creating of any number of Derivative Works. Any contracts entered between Licensee and a Third Party must adhere to the terms set forth in this agreement; Licensee may provide a copy of the “Order Receipt” along with this “PDF License” to the applicable Third Party if necessary.
Ownership. The Sound Samples are licensed, not sold, for commercial use as part of a new Derivative Work. Licensor (“Company” or “Sinima Beats”) shall remain the sole owner and holder of all rights, title, and interest in the provided Audio Content (original “Sound Samples”). Licensee’s ownership is limited to the new Derivative Work (“Unique Audio Fingerprint”) only. Use of example tracks that include the term “Demo” in the title are for Demonstration Purposes Only; Demos may not be used for any purpose other than previewing the demonstration. Only the provided isolated Sound Samples may be used in the creation of a new Derivative Works. Unauthorized use of “Demo” tracks (including attempts to reproduce the demo) is strictly prohibited. Some Sound Packs do not contain Demo tracks.
Unique Audio Fingerprint. Sound Samples (particularly “Loops” or “Drum Breaks”) must be used in a manner that consists of distinct customizations; such as modifications to the original pitch and/or tempo and must be accompanied by other original sounds. When using Sound Packs, “originality” is necessary to ensure that Licensee’s “Derivative Work” produces a Unique Audio Fingerprint. If for any reason an invalid copyright claim is received on YouTube, Facebook or SoundCloud, Licensee has permission to dispute the claim in order to have it removed; typically, the option to dispute the claim is included in the copyright notification. You may need to include your License Order # (located in your Order Receipt) along with a link to the original Product from the Sinima Beats website.
Delivery & Formats
Delivery. Licensee shall receive instant access to the Sound Samples; via the Order Success page, emailed Order Receipt, or if applicable, by logging in to Licensee’s account.
Formats. Sound Samples are delivered in WAV format (16-Bit Stereo, 44.1 kHz or higher), which is compatible with all major Digital Audio Workstations (DAWs) and recording devices. Files are delivered within a compressed zip.
Access. If technical issues arise when downloading applicable files, Customer Support may be contacted or Licensee may attempt to access from a different browser or device (such as a Desktop/Laptop). The download status must reach 100% in order to function properly. Licensee should back up the Audio Content; download access may not always remain available if the Product is discontinued.
Legal
Indemnification. Licensee agrees to indemnify and hold Licensor, its affiliates, content providers or any other third party Licensee’s (using the same “Audio Samples”) harmless from any and all claims, liabilities, damages, or losses and agrees to maintain Licensor’s free, safe, and harmless position against any and all suits, demands, costs, judgments, recoveries, and expenses; including, without limitation, reasonable attorney fees. Sound Samples are licensed “as is,” without any warranties of any kind.
Summary. This Sound Packs License constitutes the entire agreement and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between Licensor and Licensee. Licensee acknowledges and accepts that Licensor has not made any promises or guarantees that the Sound Samples fit any other particular use or purpose intended by Licensee.
Royalty Free License
This Non-Exclusively Licensed Sound Pack is 100% Royalty Free; you can keep all earnings from the release of your Music Production, Song Recording and/or Video Project (“Derivative Work”).
The downloadable Sound Samples may be used in preparation of a Music Production, Song Recording, Video and/or Film project only. When using Sound Samples for the creation of a Musical Composition (“Instrumental Production” or "Song Recording"), the licensed Audio Content must accompany other original sounds in order to create a new Derivative Work.
Intended for, but not limited to, recording artists that would like to produce their own musical compositions or add foley effects to song recordings (E.g. rainfall, thunder, cars passing, etc.). For “Loops” or “Drum Breaks,” these samples must be used in a manner that consists of distinct customizations; such as modifications to the original pitch and/or tempo and must be accompanied by other original sounds. When using Sound Packs, “originality” is necessary to ensure that your new “Derivative Work” produces a Unique Audio Fingerprint.
The Sound Packs License includes instant access to download the audio content (E.g. foley, drum samples, audio loops, sound effects, etc.) in WAV format; within a compressed zip. A downloadable PDF License is also included which may accompany a copy of your Order Receipt for proof of licensing.
This Sound Packs License is solely valid for the End User (who has purchased directly through “Sinima Beats”). Sharing, resale, loan, rental, or transfer of these Sound Samples in any medium or format is strictly prohibited. They may not be included, whether unmodified or as part of a derivative work, in any sample library, virtual instrument or similar product.
