Terms and Conditions
The following license agreement contains very important information about your rights and obligations, as well as limitations and exclusions that may apply to you. This document contains a dispute resolution clause. By clicking on the “accept” button, you are consenting to be bound by and are becoming a party to this agreement. If you do not agree to all of the terms of this agreement, click the “do not accept” button or leave the website.
- “We”, “Our” and “Us” means Studio Templates;
- “You” and “Your” means the person or entity who is being licensed to use the licensed digital content;
- “Agreement” means this digital content license agreement between us and you.
2. Template License, Rights and Restrictions
- Subject to the provisions contained in this Agreement, We hereby grant to You a personal, revocable, non-exclusive license (the "License") to access, read, use, and download one copy of the digital content solely for the purposes provided under paragraph 3. This is not a transfer of title.
- Under the License you may not and shall not, without Our express written authorization:
- own title or transfer title to the digital content to another party
- transfer the License;
- remove any copyright or other proprietary notations from the digital content;
- distribute, sublicense or otherwise provide copies of or access to the digital content to any third party;
- pledge, hypothecate, alienate or otherwise encumber the digital content Materials to any third party;
- circumvent, remove, alter or otherwise impair any technological protection measures, digital rights management information, or other copy-protection mechanisms used in or by the digital content;
- include, use, re-sample, mix, process, isolate or embed any content from the licensed digital content library in any virtual instrument, audio sampling system, audio playback system or library of any kind, other than those provided or authorized by Us; or
- commercially use any compositions, melodies, melody-loops, lyrics, and vocal-samples or parts hereof from any Studio Templates template. All rights on melodies, musical compositions, lyrics, vocals, and melody-loops included in Studio Templates templates are owned by Us and are reserved.
You are allowed to edit the original digital content. For the avoidance of doubt any resale or secondary purchase of the original digital content licensed under this agreement is illegal and strictly forbidden.
- We are not obligated to provide any authorization referred to in paragraph 2.2. We reserve the right to charge a fee for the grant of such authorization, and We may cancel such authorization at Our sole and unfettered discretion by providing notice to You of such cancellation.
- The restrictions set out in this Agreement, including the restrictions listed at paragraph 2.2. shall not apply to the limited extent the restrictions are prohibited by applicable law.
- We will have the right to inspect and enforce the restrictions and covenants contained in this Agreement at Your sole expense, and You hereby agree to promptly notify Us of any known violations of such restrictions.
- You agree to protect the digital content from unauthorized use, reproduction, distribution or publication in electronic or physical form.
- Upon execution of this Agreement, We will:
- permit You to download a copy of the digital content for Your use under this Agreement; and
- permit You to download updates to the digital content as We consider needed.
3. Usage Conditions
- You are authorized to use the digital content only for personal use.
- You may not rent out to others equipment on which the digital content is installed or by which the digital content is accessible without obtaining a written rental license from Us that expressly authorizes such use.
- You may install the digital content on as many devices as required for Your personal use provided such devices are used only by You.
4. Ownership and Intellectual Property Rights
- All copyright in the digital content is owned by Us. You do not acquire title to any copyright in the digital content under this Agreement.
- Certain logos, product names and trade-marks owned by Us or by third parties may be contained within the digital content. You do not acquire title to any such logos, product names or trade-marks under this Agreement.
- This Agreement is effective until terminated by Us, with or without cause, in Our sole and unfettered discretion. We may terminate this Agreement without notice to You if You fail to comply with any of its terms. Any such termination by Us shall be in addition to and without prejudice to such rights and remedies as may be available to Us, including injunction and other equitable remedies.
- The disclaimers, limitations on liability, ownership, termination, interpretation, Your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.
- This Agreement will automatically terminate if You violate or assist in the violation of any of the restrictions of paragraph 2.2.
- On the termination of this Agreement, you must destroy any copies of the digital content in your possession whether in electronic or printed format.
- You agree to indemnify, defend and hold Us and Our partners, lawyers, staff, affiliates, successors and assigns (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable legal fees, related to Your violation of this Agreement or use of the digital content.
7. Disclaimer and Limitation of Liability
- THE DIGITAL CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE LICENSED MATERIALS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY OF THE MATERIALS. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND THE AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE LICENCED MATERIALS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
- All responsibility or liability for any damages caused by the digital content, including, without limitation, damages caused by computer viruses or other malicious code contained within the digital content is disclaimed.
8. Use of Information
- This Agreement shall be treated as though it were executed and performed in Germany, and shall be governed by and construed in accordance with the laws of Germany (without regard to conflict of law principles).
- Any of Your causes of action with respect to the digital content must be instituted within six (6) months after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in paragraph 7 of this Agreement.
- The language in this Agreement shall be interpreted as to its fair meaning and not construed strictly for or against either party. The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement.
- All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Berlin, Germany. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process.
- Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
- Failure of Us to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
- You agree to review this Agreement prior to downloading, copying, installing or using the Licensed Materials. This Agreement may be amended by Us from time to time without specific advance notice to You. The latest Agreement will be provided with updates to the digital content, and You should review the Agreement prior to using the digital content.
- This Agreement, as modified from time to time as described above, and including the policies incorporated by reference, constitutes the entire and only agreement between You and Us and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the digital content.
- To the extent that anything in or associated with the digital content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.