Legacy Loop Package End User License Agreement
The purpose of this agreement is to maximize the freedom of small independent artists to use the supplied loop package as freely and in as many contexts as possible without requiring additional permissions or payment of royalties to the rights holder. In short, individuals who have purchased the full 'Acid Bender: Legacy' digital release from Bandcamp and produce content in whole or in part with any loop or sample from the supplied Legacy Loop Package are able to publish or exhibit said content without payment of royalties so long as that content doesn't generate revenue for the individual or any third party. No part of the supplied loop package is allowed to be used in any content that will appear in advertisements of any kind, and commercial uses are restricted as outlined below. Read on for more details.
The following sets forth the terms and conditions of the agreement with respect to the full purchase by you ("Licensee") of the digital release "Legacy" by Acid Bender and the accompanying bonus content "Legacy Loop Package" from Jesse Luce ("Licensor") via www.bandcamp.com. By purchasing or downloading the "Legacy" digital release, Licensee agrees to abide by the following terms and conditions (as may be amended by Licensor from time to time)
1) Legacy Loop Package
The Legacy Loop Package shall mean those audio files contained in the "Acid Bender – Legacy Loop Package.zip" file included with the full purchase of digital release of "Legacy" by Acid Bender, and shall be referred to in this agreement as to the "Legacy Loop Package"
2) License.
a) The Legacy Loop Package and all rights therein (including copyrights) remain the property of the Licensor and are licensed to Licensee as the original end-user, on a non-exclusive basis, for use as set forth herein. All rights not expressly granted to Licensee are reserved exclusively by Licensor.
b) Licensee may ONLY use the Legacy Loop Package for personal listening, personal education, personal audio experimentation, and personal audio production. No commercial use of the Legacy Loop Package is permitted without further licensing from Licensor unless explicitly stated otherwise in section 3: Addition Permissions.
c) Licensee may NOT upload or re-distribute the Legacy Loop Package in whole or in part.
d) Licensee may NOT use the Stems in any commercial works, without additional permission, approval, or license from Licensor. Unless explicitly stated otherwise in Section 3: Additional Permissions.
3) Additional Permissions And Restrictions
a) Licensee may publicly exhibit any audio work(s) they produced which include any part of the Legacy Loop Package so long as neither the exhibition of the work nor any exhibition featuring the work generates revenue for the licensee or any other party. Licensee may distribute their work featuring any part of The Legacy Loop Package to any third party so long as said third party or no other party who received the work generates any revenue from the work, either directly or indirectly.
b) Licensee may publicly exhibit any audio work(s) they produced which include any part of the Legacy Loop Package so long as the licensee does not generate personal revenue above $5000.00 CAD from any or all public exhibition(s) featuring said work(s) and that the exhibition(s) it/themself don't generate revenue for any party exceeding $20,000.00 CAD. This applies to in-person DJ gigs, internet live streams, or any form of a public exhibition in which the licensee is personally involved. Once Licensee revenues from public exhibitions featuring said work(s) exceed $5000.00 CAD additional permissions must be obtained from Licensor for Licensee to be able to exhibit any work(s) that feature any part of the Legacy Loop Package. Additional Licensing permission must be sought from Licensor if these conditions are not met.
c) Licensee may include any audio work they produce made with any part of The Legacy Loop Package in any release(s) for sale by the licensee to the general public so long as total revenue generated by sales including the work does not exceed $5000.00 CAD. Credit must be given to both Acid Bender and Jesse Luce where credits appear in any audio production that features works made using any part of The Legacy Loop Package. Additional Licensing permission must be sought from Licensor if these conditions are not met.
d) Licensee may use any audio work(s) they personally generated using any part of The Legacy Loop Package in any video or film production they personally generated so long as revenues generated from said film or video production do not exceed $5000.00 CAD and the total budget of the film or video production does not exceed $20,000.00 CAD. Credit must be given to both Acid Bender and Jesse Luce where credits appear in any video or film production that features works made using any part of The Legacy Loop Package. Additional Licensing permission must be sought from Licensor if these conditions are not met.
e) Licensee may use any audio work(s) they produced using any part of The Legacy Loop Package in any independently produced video or film production(s) so long as total personal revenue generated by Licensee from ALL independently produced video or film production(s) does not exceed $5000.00 CAD and the total budget of any one film or video production is not in excess of $20,000.00 CAD nor the total gross revenue generated from the film or video production in excess of $20,000.00 CAD. Additional Licensing permission must be sought from Licensor if these conditions are not met Credit must be given to both Acid Bender and Jesse Luce where credits appear in any video or film production that features works made using any part of The Legacy Loop Package.
f) Licensee is not permitted to feature, include, or sell any audio work produced using any part of The Legacy Loop Package in any advertisement of any kind.
g) Licensee is not permitted to include any part of the Legacy Loop Package in subsequent Loop or Stem packages. Licensee is not permitted to include any part of the Legacy Loop Package in any project files given to any other parties.
h) Licensee is not permitted to redistribute the Legacy Loop Package in whole or part to any other party.
4) Non-Transferable.
The license to The Legacy Loop Package is granted solely to Licensee and is not transferable.
5) Warranties and Representations.
Licensee represents and warrants that the use of any part of The Legacy Loop Package shall not infringe on the rights of any third party or create any liability on behalf of Licensor or Licensor's subsidiaries, affiliates, or assignees. Licensee will indemnify, defend and hold Licensor, and Licensor's principals and owners, harmless from and against any and all loss, costs, damage, liability, and expense, including court costs and reasonable attorneys' fees, arising out of any third party claim, which may occur in connection with Licensee's use of the Stems hereunder, Licensee's projects, or by a breach of Licensee's warranties and/or representations hereunder.
6. Limitation of Liability.
Licensee hereby indemnifies and holds Licensor harmless from any and all liability that may arise from the Project or any content or material used by Licensee in connection with The Legacy Loop Package, including but not limited to, any claims for infringement of any intellectual property rights, rights of privacy or publicity, trademark or copyright infringement, or the publication of defamatory, obscene or offensive material. By downloading the Legacy Loop Package, Licensee hereby agrees to waive the right to assert any such claims against Licensor or Licensor's subsidiaries or affiliates. Licensor is providing the Legacy Loop Package "as is" without any warranty. In no event shall Licensor be held liable for any lost profits, incidental, consequential, or indirect damages arising out of or associated with Licensee's use of the Legacy Loop Package.
7. Entire Agreement.
This Agreement sets forth the entire agreement between Licensor and Licensee with respect to the subject matter hereof, and may not be modified or amended except by written agreement executed by the parties. Licensor and Licensee agree to the terms and conditions stated in this Agreement.
8. Governing Law.
The validity, construction, and effect of this Agreement, and any and all modifications thereof, shall be governed by the laws of Canada applicable to contracts entered into and fully performed in the province of Alberta. All actions between the parties arising out of or in connection with this Agreement shall be brought only in the provincial and federal courts located in the province of Alberta.