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.
terms and conditions of use .
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
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.
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).
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.
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.
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.
Entire Agreement. This License Agreement constitutes the entire
agreement between AudioPervert and You with respect to the samples.