Blood Cells Audio LLC - End User License Agreement
By installing any Blood Cells Audio product you accept the following license agreement.
1. License Grant
The license for this product is granted only to a single user. You may use this product on up to two (2) separate computers, which computers shall be owned and used by you exclusively. If you need more, special arrangements may be made on a case-by-case basis. All sounds and samples in this product are licensed, but not sold, to you by Blood Cells Audio. This license covers commercial and non-commercial uses in music, sound-effect, audio/video post-production, performance, broadcast or similar finished content-creation and production use. Blood Cells Audio allows you to use any of the sounds and samples in the library(s) you’ve purchased for commercial recordings without paying any additional license fees or providing source attribution to Blood Cells Audio.
This license is non-transferable and expressly forbids resale or lease of the product. Please respect this.
This license also expressly forbids any inclusion of content contained within this library, or any other Blood Cells Audio library, into any other virtual instrument or library of any kind, without our express written consent. This license forbids any redistribution method of this product, or its sounds, through any means, including but not limited to, re-sampling, mixing, processing, isolating, or embedding into software or hardware of any kind, for the purpose of re-recording or reproduction as part of any free or commercial library of musical and/or sound effect samples and/or articulations, or any form of musical sample or sound effect sample playback system or device or on a stand alone basis.
2. Rights/Watermarking Policy
The product, including accompanying documentation, is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Blood Cells Audio retains full copyright privileges and complete ownership of all recorded sounds, instrument programming, documentation and musical performances included in this product. Any rights not specifically granted herein are reserved by Blood Cells Audio.
Any unauthorized use, distribution or reproduction of the product shall not be permitted, shall constitute a violation of law, and shall entitle Blood Cells Audio to, in addition to any other remedy at law or equity, injunctive relief. It is unlawful to deliberately circumvent, alter or delete technological measures of protection and information provided by Blood Cells Audio which identifies the products, its owner and the terms and conditions for its use. Please note that the product has been imbedded with a digital watermark specific to the serial number you have been given for this product. If the product ends up in other people’s music, you will be held legally responsible, so you are asked to keep this product for yourself. You further agree to take all reasonable steps to protect this product from unauthorized copying or use.
All sales are final. Blood Cells Audio does not offer refunds, returns or exchanges. Once a product download code has been activated, it cannot be cancelled, returned, exchanged or refunded. Many of our products are standard open-format wav-based instrument libraries, so there is no tedious activation required or cumbersome DRM. However, this means that once you download a product, the license is in effect and cannot be returned or refunded. We can’t allow reselling, re-licensing, trading or unauthorized license transfers of any kind without our prior written permission. By placing your order, you are signifying that you fully acknowledge your understanding that Blood Cells Audio LLC reserves the right to grant or deny any requests for refund, transfer or resale according to its own discretion. Please see our EULA or contact us directly for more info. If you have any questions about product features, content, compatibility or software/hardware requirements, please contact us before you place your order. We'll be happy to answer any questions you might have.
4. Limited Warranty/Limitation of Liability
To the maximum extent permitted by applicable law, Blood Cells Audio disclaims all warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, warranties of satisfactory quality, title, and non-infringement, with regard to the product. To the maximum extent permitted by law, neither Blood Cells Audio, its suppliers, dealers, distributors, nor the agents or employees of the foregoing will be liable for any indirect, consequential, special or incidental damages of any sort, (including, without limitation, damages for lost profits, business interruption or loss of data arising out of the use of the product) whether or not same have been notified of the possibility of such damages, or of any claim by any other party.
This license agreement is effective from the moment the product is installed by any means. The license will remain in full effect until termination. The license is terminated if you break any of the terms or conditions of this agreement. Upon termination you agree to destroy all copies and contents of the product at your own expense. In the event of termination, the following sections of this license will survive: 2, 3, 4 and 7.
6. NFR (Not for Resale)/Free Products/EDU (Educational) Sales
All Blood Cells Audio products are subject to the terms of this license agreement, unless specified otherwise. Notwithstanding other sections of this license, any products provided to you for an EDU purpose shall only be used by students or faculty, staff and administration attending or working in educational institutional facilities. Please note that not all products are available for our EDU Sales program.
7. Bundle and Upgrade Purchases
All bundle and upgrade purchases and prices apply only to the product line at the time of purchase. Customers who purchased a bundle or upgraded to the complete product line are not eligible for additional discounts or free products on future product releases unless specifically noted by Blood Cells Audio.
8. General Terms
(a) This license shall be governed by Washington law applicable to contracts fully negotiated, executed and performed therein. Only the Washington courts (state and federal) shall have jurisdiction over controversies regarding this license; any proceeding involving such a controversy shall be brought in those courts, in King County, and not elsewhere. In the event of any claim arising from the breach or alleged breach of the terms of this license, the prevailing party shall be entitled to reasonable attorneys’ fees and court costs.
(b) You agree that this license contains the complete agreement between the parties hereto, and supersedes all other communication, relating to the subject matter of the license.
(c) You acknowledge that you have read this license and understand it and agree to be bound by its terms and conditions.