License Agreement

License Agreement

Effective Date: November 13, 2011

Last Update: Sept 24, 2024

This is a general license which covers all Audentity Records and our sub label products. 

All intellectual property rights, all copyrights, all products, data, and other materials are controlled or owned by Miracle Sound B.V., The Netherlands. 

Any reference to the words ''licensor'' "our”, "us”, "we” or "Audentity Records”, refer to Miracle Sound B.V. as a company.

DEFINITIONS:

''Licensor" shall mean the entity who controls the products and their (copy)rights, authorized by the copyright owner.

''Miracle Sound B.V.'' is referred to in this License Agreement as "licensor",“we”, “us”, “our” or “Audentity Records"

Any customer of any of our products is referred to in this License Agreement as '' you'', ''licensee'', ''customer'', ''user'', ''entity'', ''person''.

''Product(s)" means all synth presets, samples, audio samples, soundfiles, sounds, compositions, content and/or associated midi and anything else copyright related licensed to the Licensee in exchange for payment. 

''Soundfiles, ''Samples'', ''Contents'' or ''Sounds'', ''Downloads'' means any sounds and samples from Licensor, such as loops, one shots, wavs, compositions, and similar formats and anything else copyright related.

"Reproduction" means the use of any content of our Product(s) within the Licencee's original music productions and compositions.

 'New Recordings'' means a combination of our sounds, compositions, midis or presets etc with other sounds in new music productions. (other sounds means your own sounds or any other 3rd party sounds)

AGREEMENT:

By using any of our digital products, you agree to all terms in this License Agreement.

This License Agreement supersedes any older agreement.

If you do not agree to these terms or any future updated version of them then you must not use, and must cease all access and/or use of, any of our Products.

REVISIONS:

Licensor reserves the right, at any time, and at our sole discretion, to change, modify, add or remove portions of this License Agreement (or any policy on the Site) at any time, with or without notice to any user or Licensee. https://www.audentity-rec.com/pages/f-a-q

It is your responsibility to check this License Agreement periodically for changes. Any such modification will be effective immediately upon posting such changes on the Site. Your (continued) use of our sounds and products and / or this Site following the posting of any changes or modifications to these terms constitutes your acceptance of these changed and / or modified Terms and you waive any right you may have to receive notice of these changes or modifications from us

GRANTING:

Upon adhering to the terms of this License Agreement, Licensor hereby grants Licensee a non-exclusive, royalty-free, non-transferable, perpetual right to use Licensor's sounds acquired through official stores in combination with other sounds in music productions to create new recordings or creative works for commercial and non-commercial purposes, except as prohibited in this agreement.

The sounds are licensed, not sold to you by Licensor.  Ownership remains with us, once purchased you have a license to use the sounds within your track, you do own your track, but we still own the included sounds and their copyrights within your track.

This non-exclusive license is granted for a single-user only on a global basis for the full copyright protection period.

IMPORTANT FOR VOCAL PACKS:

Most of the times the vocalist has requested NOT to use their name when releasing your tracks.

If Audentity Records didn't include the name of the vocalist from a certain pack, the vocalist has asked us not to mention his or her name. We can not give you any info about the name or any other contact info. Please do not send requests about this.

It is not allowed to re-record our (vocal) samples with your own vocalists or instruments.

It is not allowed to feature, name or tag any of our artists or vocalists (or names of other well known vocalists) in your tracks without their express permission.

NOT ALLOWED:

The license is non-transferable.

Licensee cannot electronically transfer the sound samples or place them in a time-sharing or service bureau operation or a computer/sampler network.

Unauthorized use, duplication, copying, lending or re-selling of our products or seperate samples or its contents in whole or part is a violation of this License Agreement and is strictly prohibited by the Law of The Netherlands and other countries.

Licensee may not use the sounds and/or the copyrights within the sounds in any competitive products that are sold or relicensed to third parties. (so not allowed to use the sounds (and/or copyrights) in your own sample packs or in any other similar products)

Unauthorized resale of Audentity Records products and their copyrights is prohibited. You may not sell, lend, or giveaway, any of the licensed audio files and their compositions, lyrics and melodies to third parties.

The use of Illegal Downloads of our products will NOT give you any permission to use our sounds and / or our compositions in your productions and releases. If you download our products illegally, you will not have a licence to use Audentity records products. Illegally means that our product is not bought or downloaded via official stores.

Only buying or downloading our products via the official stores will give you our permission to use our sounds or compositions in your productions (used in accordance with this Audentity Records License Agreement)

The licensee is not allowed to use the demonstration mix track files (or parts) or recreate a similar sounding version of any of the preview/demonstration mix track(s or preview wavs or loops. You can only use our sounds in combination with other sounds. you don't have a license to use and release our music demo files in your productions. Also do not rip our music from our music demo's from youtube, SC or other platforms or from the demo's in the packs, as we consider this copyright infringement.

CONTENT ID and COPYRIGHT CLAIMS:

Licensee does not own the exclusive rights to the sounds and copyrights of the samples, this means that Licensee cannot claim ownership of our sounds and their copyrights, even if it is used within a track that you do own. (for example on YouTube and Soundcloud, Spotify or other platforms and/or download digital stores)

More info here (see exclusive rights): https://support.google.com/youtube/answer/2605065?hl=en#zippy=

Inform your distributor if you have included our sounds as there are methods to solve this if you still want to add Content ID to your track etc.

It is Licensee's responsibility to tell any third party you license your music to that it has copyrighted sounds that are licenced.

Licensee or any other entity or person agrees that we are not responsible / liable for any results, consequences or damage arising out of the use of Content ID, monetizing or any other copyright claims on youtube, soundcloud, instagram or any other platforms or stores by other users or licensees.

We own the original copyrights of the sounds. Any unautorized copyright claim is not in accordance with this Audentity Records License Agreement.

LIMITATION OF LIABILITY & INDEMNITY:

Licensor cannot be held responsible for any direct, indirect or consequential loss arising directly or indirectly from the use of any samples, soundfiles and compositions and/or products within the licensee’s musical compositions and productions and/or license for reproduction, licensed directly or indirectly from Licensor in whatever form and/or license to reproduce.

Iicensor cannot be held responsible for any and all infringements that may arise from the use of the samples, soundfiles and compositions and/or products within the licensee’s musical compositions and productions and/or license of reproducion.

To the fullest extend permitted by Law, in no event will Licensor or any of its affiliates, directors, officers, employees, shareholders, (channel)partners, distributors or agents be liable to Licensee or any other (related) (third party) entity or person for any incidental, direct & indirect, special, exemplary, consequential or punitive damages whatsoever (including, but not limited to, damages for loss of profits, lost of revenue, goodwill, reputation, claims of third parties, other losses of any kind or character, business interruption, loss of business, loss of future profit or revenue or any other pecuniary and intangible loss) in connection with any claim, loss, damage, action, suit or other proceeding arising from or out of the use  of Licensor's samples in Licensees new recording(s), creative works, and/or any other Licencee's music productions and compositions (including, but not limited to any releases, distribution, sales, performances, streaming or anything similar), or arising under or out of this license of reproduction, arising under or out of this agreement or arising out of any rights granted to Licensee, even if Licensor has been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.

Licensee releases Licensor, its affiliates, shareholders, directors, officers, employees and agents from and against all actions, claims, proceedings or demands in respect of any loss, death, injury, illness or damage (whether personal or property, and whether special, direct, indirect or consequential, including consequential financial loss) arising out of this Agreement, arising out of the Reproduction of any part of our Products within the Licencee's new recording(s), creative works, music productions and compositions and the performance of this Agreement.

Licensor is not responsible for any type of conflicts between you and music labels and/or distributors (or any other third party) concerning using the same sounds/samples/compositions or loops.

Licensor is not responsible if a release is rejected because a label or distributor refuses to release a song with our samples (for example if they found the same sample(s) in another song)

Licensor is not liable for any damages to the equipment, software or health resulting from the download and use of our products. Continuous listening to audio or playing at loud volume can cause hearing loss or any other health issues / damages.

Licensor will not be held responsible if the sound files do not fit the particular purpose of the licensee. The sound files are licensed "as is” without warranties of any kind.

By using Licensors products you agree to indemnify and hold harmless Licensor and its directors, affiliates, shareholders, directors, employees, third-party content providers, designers, licensors, stores, distributors and (channel) partners from and against any and all damages, losses, claims, demands, any related liability, causes of actions, suits, judgements including legal fees and court costs, which may arise from or out of the use of any part of Licensor's products and/or from the use or and/or release, distribution, sales, performances or anything similar of Licensor's samples and/or products within the Licencee's new recordings, creative works, original music productions and compositions. 

Licensee indemnifies and hold harmless (and shall continue to indemnify) Licensor and its directors, affiliates, shareholders, employees, third-party content providers, designers, licensors, distributors and (channel) partners against all actions, claims, proceedings or demands (including those brought by third parties) which may be brought against it or them, whether on their own or jointly, in respect of any loss, death, injury, illness or damage (whether personal or property, and whether special, direct, indirect or consequential, including consequential financial loss) arising out of the use of any part of our products within new recordings, arising out of this License Agreement, arising out the use and/or release, distribution, sales, performances or anything similar of any reproduction of the content from Licensor's product within the Licencee's original music productions and compositions and the performance of this Agreement.

Licensee or any other entity or person agrees that Licensor is not responsible / liable for any consequences or damage (including, but not limited to, damages for loss of profits, lost of revenue, goodwill, reputation, claims of third parties, other losses of any kind or character, business interruption, loss of business, loss of future profit or revenue or any other pecuniary and intangible loss) arising out of the use of Content ID, monetizing or any other copyright claims and or video / music removals from youtube, soundcloud, instagram, facebook or any other platforms or stores by other users or licensees or arising out of any strikes or any other account removals from youtube, soundcloud, instagram or any other platform. 

Licensor is not liable for business losses. If Licensee is a consumer we only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to Licensee or to any other entity or person for any loss of profit & revenue, loss of data, loss of business, business interruption, loss of business opportunity, loss of future profit or revenue, claims of third parties or other losses of any kind or character.

In any event, Licensor's total maximum aggregate liability under this agreement, or the use of any or all of the Products in any manner whatsoever shall be limited to the amount Licensee or a third party has actually paid to Audentity Records or to one of our distributors / partners for its products or services.

Licensor does not exclude or limit in any way its liability to Licensee where it would be unlawful to do so.

For UK Licensees, Audentity Records does not in any way seek to exclude or limit liability for (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by English or EU law.

SEVERABILITY:

If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.

LAW AND JURISDICTION:

The laws of The Netherlands govern the Terms in this License Agreement. You expressly agree that exclusive jurisdiction for any claim or dispute with Audentity Records shall reside in the courts of The Netherlands.

THIRD PARTY LABELS:

(For License Agreements from our third party labels and partners, please visit their websites for more info or check their License Agreements in their packs)