IMPORTANT-READ CAREFULLY: This RemixToolkit.com License Agreement is a legal agreement between you (either an individual or a single entity) and RemixToolkit.com for one of the RemixToolkit.com Sample Libraries you have purchased.  Each Sample Library may include individual samples, loops, sound effects, midi files, images, associated media, music, printed materials or electronic documentation (collectively, the “Sample Library”). By visiting our website, purchasing, downloading, or otherwise using any portion of the Sample Library, you agree to be bound by the terms of use of this license agreement. If you do not agree to the terms of use, do not use the Sample Library.

GRANT OF LICENSE RemixToolkit.com (Licensor) grants to you, the original purchaser (Licensee) a limited, non-exclusive, non-transferable right to use this Sample Library for your individual use.  All samples are licensed for use in the creation of a recorded or live performance that includes the licensed samples as part of a musical work created by the (Licensee) or original purchaser.  You are permitted to use the Sample Library in combination with other sounds within your original music compositions, audio visual productions, remixes, album productions, demo productions, artist promotions, film productions, radio and television advertisements, website media, business presentations, post productions, theatre productions, musicals, and other live performances.  You may use the Sample Library for both commercial and non-commercial release “royalty free” without the prior permission of RemixToolkit.com subject to the terms of this agreement.  All rights not expressly granted to Licensee are reserved to RemixToolkit.com.

SAMPLE LIBRARY OWNERSHIP. All Sample Libraries purchased from RemixToolkit.com are licensed to you – not sold to you.  The license is not a sale of the original Sample Library or any of the underlying material.  You have purchased a right to use the Sample Library.  You do not “own” the actual content.  All rights, title, interest in and to the Sample Library including, but not limited to, images, photographs, animations, video, audio, music, midi, text, applets, or code incorporated into the Sample Library are owned by RemixToolkit.com. In addition RemixToolkit.com shall retain full and complete title to any and all subsequent copies of the Sample Library, regardless of the media or form on or in which the original copies may exist. Copyright laws and international treaty provisions protect the Sample Library. Therefore, you agree to treat the Sample Library like any other copyrighted material.

RESTRICTIONS ON USE  (1) Neither the Sample Library nor any derivative portion thereof may be resold or redistributed in it’s native format or any other converted, modified, adapted, re-formatted, re-filtered, re-synthesized, or otherwise re-edited format for use as individual sounds, multi-sounds, sound banks, sound packs, samples, multi-samples, wavetable, programs or patches in any software or hardware sampler, in any software or hardware sample playback unit, microchip, ROM, or embedded chip set.  (2) You may not distribute, publish, share, sublicense, lend, lease, assign, transfer, post, upload, transmit, broadcast, file share or otherwise make the Sample Library available to any third party in any way, including but not limited to; by means of the Internet, peer-to-peer network, satellite network, database, server, BBS, tangible media, computer, software program, mobile device, internet appliance, microchip, set top box or game console.  (3) Neither the Sample Library nor any derivative portion thereof may be used for the creation or promotion of any competing products or services including but not limited to; other Sample Libraries, Sound Libraries, Loop Libraries, Music Libraries, Construction Kits, Multimedia Templates, or Virtual Instruments.  (4) All samples must be used in combination with other sounds within your own original music composition.  You may not use the individual samples in isolation, solo-ed, or as sound effects independent of other musical elements.

USE OF PASSWORDS  User passwords, access codes, and download links may not be disclosed, assigned, posted or transferred to any other person, entity or third party in any manner.  You agree to hold such information in confidence and exercise due diligence to prevent unauthorized use and distribution thereof.  You agree that you will be solely responsible for any unauthorized use of your password, access code, or download link.  RemixToolkit.com reserves the right to ban without notice or refund, any user, suspected of disclosing, assigning, posting, or transferring, passwords, access codes, or download links.

UNAUTHORIZED USE Our intent is to prevent piracy, copyright violations and unauthorized use of our Sample Libraries.  We employ various, and simultaneous copy protection systems such as Digital Rights Management, File Encryption, and Audio Watermarking.  Thus, we may include with any audio content streamed or downloaded to you, files or other code that would cause your computer to notify us any time you make a copy of a stream or download and may prevent you from making unauthorized copies.  We may also insert files or other code that would prevent you from distributing (by e-mail, peer-to-peer network file sharing or otherwise) any of the audio content you receive from us.  Unauthorized use or distribution of any RemixToolkit Sample Library is prosecuted to the fullest extent of the law.

INDEMNIFICATION You agree to indemnify, defend and hold us harmless from and against any and all claims, demands, suits, damages, liabilities, and costs against or suffered by RemixToolkit.com with respect to any matter that may arise as a result of your use of our website, Sample Libraries, products, services or a breach of this agreement by you.  You shall cooperate fully and as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.  We will not indemnify you for any use, misuse, or un-authorized use of our website, Sample Libraries, products or services.  There is no mutual indemnification.

VISUALIZATION You understand and accept the box designs displayed within the website, printed materials or electronic documentation are purely for illustration purposes only.  You will not receive a boxed product.  The product you are purchasing is a non-tangible digital download unless otherwise stated.

COPYRIGHT AND TRADEMARKS   The website and content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.  RemixToolkit.com and the RemixToolkit logo are registered trademarks of RemixToolkit.com.  All other trademarks, service marks, company names, product names or logos remain the property of their respected owners.

LIMITED WARRANTY  EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE WEBSITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, PRODUCTS, SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED “AS IS” AND “WHEN AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR COMPATIBILITY.  WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR PRODUCTS AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR PRODUCTS AND SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE WEBSITE OR THE SERVER(S) ON WHICH THE WEBSITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  FURTHERMORE, THE WARRANTY DOES NOT APPLY TO YOUR INABILITY TO ACCESS AUDIO CONTENT BECAUSE OF YOUR LACK OF NECESSARY HARDWARE, SOFTWARE OR BOTH.  USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL REMIXTOOLKIT.COM, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR US, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, RECORDS OR DATA, INTERRUPTION OF SERVICE, OR LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, THE AUDIO CONTENT OR ANY OTHER PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION, DAMAGES THAT MAY HAVE BEEN CAUSED BY A VIRUS OR OTHER DATA CORRUPTION PROBLEM RESULTING FROM ACCESS TO, DOWNLOADING FROM OR USE OF THE WEBSITE, OR AUDIO CONTENT EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL WE HAVE ANY LIABILITY WHATSOEVER ARISING OUT OF ANY MISUSE OF PASSWORDS OR ACCOUNTS, OR ARISING OUT OF GOOD FAITH REMOVAL OR DISABLING OF ANY AUDIO CONTENT. 

LIMITATIONS ON LIABILITY  OUR TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO, IF ANY, THE AMOUNT ACTUALLY PAID BY YOU FOR THE RIGHT TO USE THE SAMPLE LIBRARY (THE LICENSE FEE OR PURCHASE PRICE) NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSES OF ANY LIMITED REMEDIES PROVIDED HEREIN,  YOU HEREBY RELEASE REMIXTOOLKIT.COM, OUR PARTNERS AND AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.

TERMINATION  RemixToolkit.com or you, the original purchaser (Licensee) may terminate this agreement at any time.  In addition to any other rights of the parties set forth herein, RemixToolkit.com also reserves the right to restrict, suspend or terminate your access to the website in whole or in part, without notice or refund, with respect to any breach or threatened breach of any portion of these terms of use.  If we terminate these terms of use based on a breach, we reserve the right to refuse to provide use and/or access to our website, or sell you our products and services, in the future.  You acknowledge that we shall not be liable to you or any third party for any termination of your access to our website. If either you or RemixToolkit.com terminates this license agreement your right to use the Sample Library will also terminate. If this license agreement is terminated you must: (a) cease all use of the Sample Library, (b) destroy the original files of the Sample Library and (c) permanently delete all copies of the Sample Library from the computer on which it has been installed.

MODIFICATION We reserve the right to modify or amend these terms of use including but not limited to, policy, pricing, and product offerings, at any time without notice.  Any modification is effective following the posting to the website or distribution via electronic mail or conventional mail. Your continued use of our website, Sample Libraries, products or services, whole or in part shall be deemed an acceptance of all such modification(s).

GENERAL  These terms of use constitute the entire agreement between you and RemixToolkit.com with respect to the subject matter hereof and supersede all prior agreements between you and RemixToolkit.com with respect to the same. Failure by us to enforce any provision of these terms of use shall not be construed as a waiver of any provision or right.  Interpretation and enforcement of these terms of use shall be governed by the laws of the United States and the State of Arizona (excluding its choice of law rules).  You consent irrevocably to personal jurisdiction in the federal and state courts located in Phoenix Arizona, for any action arising out of or relating to your use of our website, our Sample Libraries, or any other products or services provided through our website.  The federal and state courts of Arizona shall have exclusive jurisdiction over all such actions.  In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.  In the event that any portion of these terms of use are held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.

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