This license agreement applies to all offered Music Packs and does NOT apply to other offered contract services.
You will find more about the composer agreement here
Music Packs End User License Agreement
1. Parties to the Agreement/The Subject Matter of the Agreement
This PlayableMusic End User License Agreement (“EULA”) is a non-exclusive, legally binding end user license agreement between any individual
or a single entity (“END-USER”) that acquires a license to an Asset from the PlayableMusic website and either
(a) Playable Music (“Licensor” or “PlayableMusic”) is owned and operated by DVH Productions (chamber of commerce 20100655), Contrabas 13, 4876 VE Etten-Leur, Netherlands;
or, as the case may be
(b) any third party (“Provider”) that offers and distributes its Assets via the PlayableMusic website.
Consequently, this EULA shall apply regardless of whether a purchased Asset is produced by PlayableMusic or by a Provider ("Licensor").
This EULA is therefore a non-exclusive, legally binding end user license agreement as the case may be between either
(i) PlayableMusic and END-USER (in which case the term "Licensor" shall refer to PlayableMusic),
or (ii) Provider and END-USER (in which case the term "Licensor" shall refer to Provider).
By installing, copying, accessing, downloading or otherwise using the Assets, END-USER agrees to be bound the provisions of this EULA. All definitions of the Terms shall also apply in this EULA unless the context clearly provides for a different understanding.
The subject matter of this EULA is the licensing to END-USER of any Assets from Licensor via the PlayableMusic website. The Assets are licensed, not sold.
END USER hereby acknowledges that in the event it acquires a license to an ASSET which in the PlayableMusic website is marked as an Asset which is distributed by Provider (as opposed to PlayableMusic), then Provider shall be considered as the seller of the license to, and Licensor of, such Asset and; consequently, only Provider (as opposed to PlayableMusic) shall be responsible for any liability whatsoever under any EULA or any breach by Provider, including (without limitation) liability for infringement of any intellectual property rights, irrespective of the fact that PlayableMusic facilitates payment.
2. END-USER's Rights and Obligations
END-USER may use the licensed Assets only for their intended purpose.
Non-Restricted Assets. The following concerns only Assets that are not Restricted Assets: Licensor grants to the END-USER a non-exclusive,
worldwide, and perpetual license to the Asset to integrate it only as incorporated and embedded components of electronic applications and
digital media and distribute such electronic application and digital media; reproduction and display in distributed physical advertising
materials is permitted solely for marketing purposes in respect of such electronic applications or digital media.
Except for services software development kits (“Services SDKs”), END-USERS may modify Assets. END-USER may otherwise not reproduce,
publicly display, publicly perform, transmit, distribute, sublicense, rent, lease or lend the Assets. It is emphasized that the END-USERS
shall not be entitled to distribute or transfer in any way (including, without, limitation by way of sublicense) the Assets in any other way
than as integrated components of electronic applications and digital media or in supporting physical marketing materials. Without limitation of
the foregoing it is emphasized that END-USER shall not be entitled to share the costs related to purchasing an Asset and then let any third party that has contributed to such purchase use such Asset (forum pooling).
Restricted Assets. The following concerns only Restricted Assets: Restricted Assets have license terms different from other Assets.
Those license terms are found in the materials accompanying Restricted Assets ("Restricted Asset Terms"). For clarity, to the extent Restricted Asset Terms
are different from this EULA, the Restricted Asset Terms will control; otherwise, this EULA will continue to apply. No other use is licensed or
permitted and END-USER may otherwise not use, reproduce, publicly display, publicly perform, transmit, distribute, sublicense, rent, lease or
lend Restricted Assets. Without limitation of the foregoing it is emphasized that END-USER shall not be entitled to share the costs related to
purchasing a Restricted Asset and then let any third party that has contributed to such purchase use such Restricted Asset (forum pooling).
END-USER is granted a license to install and use Assets on an unlimited number of computers provided that these
computers belong to END-USER. If END USER chooses a “multi-entity” tier for an Asset, this license grant will extend to any Affiliate of END USER,
where “Affiliate” means, with respect to END USER, any entity that directly or indirectly Controls, is Controlled by, or is under common Control with
END USER, where “Control,” “Controlled by,” and “under common Control with” mean possession, directly or indirectly, through one or more intermediaries,
of the power to direct or cause the direction of management or policies of a person, whether through ownership of equity, voting, or other interests;
“Affiliate” will also include any Contractor of END USER, provided that such Contractor’s use is limited to work on the project for which Contractor
is hired by END USER.
In this EULA, “Restricted Asset” means any Asset licensed hereunder that is designated (on prior written approval from PlayableMusic)
as a “Restricted Asset” in any materials accompanying the Asset.
END-USER shall pay for the license to the Assets in accordance with the payment process provided on the PlayableMusic website or otherwise indicated by the
PlayableMusic website. Using a third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that
You agree that no modification or use of those Assets shall (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret,
moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law
or regulation or would give rise to liability of any kind; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar,
or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) promote violence or actions that are
threatening to any other person; or (g) promote illegal or harmful activities or substances.
All sales are final and there shall be no refunds except as expressly provided in this EULA or as required by law.
On acceptance of END-USER orders for licenses to Assets, content will be immediately available for download.
END-USERS expressly consent to the making available of that content immediately upon acceptance of orders.
3. Licensor’s Rights and Obligations
Licensor shall render support services to END-USER only in the event a special agreement to this effect has been entered into.
Without prejudice to any other rights, Licensor may terminate this EULA if END-USER fails to comply with the terms and conditions of this EULA and the Terms.
END-USER may terminate END-USER’s license at any time.
In the event that PlayableMusic at its discretion or as a result of a decision made by any competent court or authority makes a refund
to END-USER of the fees paid for any Asset, then this EULA shall terminate for such Asset.
In the event of termination of this EULA, all license rights granted herein terminate and END-USER shall immediately destroy
any and all copies of the Assets contained on any type of media under the control of END-USER and confirm such destruction in writing to LICENSOR.
5. Duplication Rights/Back Up Copy
END-USER may not make copies of the Assets, except incidental transient or temporary copies or otherwise to the extent that such activity is
expressly permitted under mandatory statutory applicable law. In addition, Licensor acknowledges that copies of the Assets may be made when the
Assets have been integrated as components of electronic applications and digital media as permitted hereunder.
After installation of one copy of the Asset pursuant to this EULA, END USER may keep the original copy of the Asset solely for back-up or archival purposes.
6. Sampling/Recording, Reverse Engineering, Decompilation, and Disassembly
END USER shall not record, modify, reverse engineer, decompile, or disassemble the Asset.
Except and only to the extent that such activity is expressly permitted under mandatory statutory applicable law.
This EULA does not grant END-USER any rights in connection with any trademarks or service marks of Licensor, Provider or Licensor's other suppliers.
8. Upgrades, Updates and Support
Assets identified as upgrades or updates replace and/or supplement the licensed Assets.
Licensor may at its own discretion from time to time provide upgrades or updates of the Assets to END USER without requesting further payment.
Irrespective hereof END-USER is only entitled to licenses to upgrades if END-USER has entered into an Upgrade Agreement with Licensor.
END-USER may use the upgraded Assets only in accordance with the terms of this EULA.
END-USER is only entitled to support if END-USER has entered into a Support Agreement with Licensor.
9. Intellectual Property
The Assets are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
All title and intellectual property rights in and to the Assets (including but not limited to any software, images, photographs, animations,
graphics, 3D graphics, video, audio, music, text, tutorials, and “applets” incorporated into the Assets),
the accompanying printed materials, and any copies of the Assets are owned by Licensor.
All rights not expressly granted are reserved by Licensor.
For greater certainty and without limitation of the foregoing, use of Assets, whether modified as permitted hereunder or unmodified,
is limited to use as expressly provided in this EULA.
10. Disclaimer of Warranties
END-USER UNDERSTANDS AND ACCEPTS THAT PRIOR TO PLACING ANY ASSET ON THE PLAYABLEMUSIC WEBSITE, PLAYABLEMUSIC DOES NOT UNDERTAKE ANY LEGAL OBLIGATION TO
MONITOR, PRE-SCREEN, REVIEW, FLAG, FILTER, MODIFY, REFUSE OR REMOVE ANY ASSET OR THEIR CONTENT FROM THE PLAYABLEMUSIC WEBSITE.
CONSEQUENTLY, END-USER EXPRESSLY UNDERSTANDS AND AGREES THAT ITS USE OF THE ASSETS IS AT END-USER'S SOLE RISK AND THAT THE ASSETS ARE
PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN PARTICULAR,
LICENSOR, ITS SUBSIDIARIES, HOLDING COMPANIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO END-USER THAT:
(A) END-USER'S USE OF THE ASSETS WILL MEET END-USER'S REQUIREMENTS, (B) END-USER'S USE OF THE ASSETS WILL BE UNINTERRUPTED, TIMELY, SECURE
OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY END-USER AS A RESULT OF END-USER'S USE OF THE ASSETS WILL BE ACCURATE OR RELIABLE, AND (D)
THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO END-USER AS PART OF THE ASSETS WILL BE CORRECTED.
END-USER'S USE OF ANY ASSETS IS AT END-USER'S OWN DISCRETION AND RISK AND END-USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO END-USER'S COMPUTER SYSTEM,
OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES TERMS OR CONDITIONS OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES TERMS AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO ANY ASSETS.
NONE OF THE ASSETS IS INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR
COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER SUCH ACTIVITIES IN WHICH CASE THE FAILURE OF THE ASSETS COULD LEAD TO DEATH,
PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
11. Limitation of Liability; Limited Defense/Indemnity
SUBJECT TO THIS SECTION 11, LICENSOR AND ITS SUBSIDIARIES, HOLDING COMPANIES AND OTHER AFFILIATES TOTAL LIABILITY TO END-USER FROM ALL CAUSES OF
ACTION AND UNDER ALL THEORIES OF LIABILITY UNDER THESE TERMS, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DIRECT OR INDIRECT DAMAGES, LOSSES,
OR INJURIES AND ANY LIABILITY UNDER SECTION 22.214.171.124, WILL BE LIMITED TO THE AMOUNTS PAID TO LICENSOR BY END-USER IN THE PAST SIX MONTHS FOR THE
LICENSE TO THE ASSETS RELATING TO THE DISPUTE; SUBJECT TO THIS SECTION 11, IN NO EVENT WILL LICENSOR OR ITS SUBSIDIARIES, HOLDING COMPANIES
AND OTHER AFFILIATES BE LIABLE TO END-USER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS,
PROFITS OR ABILITY TO EXECUTE) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF
THE PLAYABLEMUSIC WEBSITE OR ANY ASSETS LICENSED, DOWNLOADED OR OTHERWISE OBTAINED FROM THE PLAYABLEMUSIC WEBSITE, WHETHER SUCH LIABILITY ARISES FROM
ANY CLAIM BASED UPON CONTRACT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT LICENSOR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT
IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
SUBJECT TO THIS SECTION 11, END-USER EXPRESSLY UNDERSTAND AND AGREE THAT LICENSOR, ITS SUBSIDIARIES, HOLDING COMPANIES AND AFFILIATES, AND ITS LICENSORS
SHALL NOT BE LIABLE TO END-USER FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY END-USER, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF
(A) ANY RELIANCE PLACED BY END-USER ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN
END-USER AND LICENSOR OR ANY, DEVELOPER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS IN THE ASSETS OR ON THE PLAYABLEMUSIC WEBSITE;
(B) ANY CHANGES WHICH LICENSOR MAY MAKE TO THE ASSETS OR ON the PlayableMusic website, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF
THE PLAYABLEMUSIC WEBSITE OR THE ASSETS (OR ANY FEATURES WITHIN THE ASSETS); (C) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE,
ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH END-USER'S USE OF THE ASSETS; OR (D) END-USER'S FAILURE TO PROVIDE
PLAYABLEMUSIC WITH ACCURATE ACCOUNT INFORMATION;
Nothing in this EULA excludes the liability for Licensor, its subsidiaries or affiliates for (a) death and personal injury caused by negligence;
(b) fraudulent misrepresentation; or (c) any other liability which cannot be limited by applicable law.
In respect of Assets whose license is offered for any obligatory fee, charge, or price (“Paid Assets”), Licensor agrees to the limited obligation of defense and indemnity
of this Section 11.3.2.
Subject to Sections 126.96.36.199 and 188.8.131.52, Licensor will defend END-USER from claims arising out of or in connection with any claim that a Paid Asset infringes
any third-party rights of copyright or of trademark, provided that this will not apply to the extent any such claim is predicated on (a) any changes or
modifications of the Paid Asset by anyone other than the Licensor; (b) any changes or modifications of the Paid Asset by Licensor at the request
of END-USER; (c) any combination or incorporation of the Paid Asset with any other software, media, or thing; or (d) any breach or failure to meet the obligations
of this EULA by END-USER.
In order to claim an obligation of defense under the preceding Section 184.108.40.206, END-USER must (a) inform the Licensor in writing of the existence of the
claim within 10 days of it coming to END-USER’s attention; and (b) give the Licensor sole right to control the defense or settlement of the claim,
provided that END-USER will have the right to approve of any proposed settlement in which there is any admission of any kind by END-USER, such approval not
to be unreasonably withheld, conditioned, or delayed. END-USER will, at its expense, provide Licensor with reasonable co-operation in Licensor’s defense of the
claim. Notwithstanding the foregoing, END-USER may, at its expense, participate in the defense of the claim with separate counsel of its own choosing.
Where a claim under Section 220.127.116.11 has been either defended by Licensor or may have been defended by Licensor and ends in a final
judgment/order of a court of competent jurisdiction from which no appeal is possible or in a final, binding settlement, Licensor will pay the
monetary award of damages against END-USER under that final judgment/order or the monies to be paid by END-USER pursuant to the final, binding settlement;
provided, however, that the obligation to pay shall (a) only be to the extent commensurate with the infringement which Licensor is obligated to defend against
under Section 18.104.22.168; and (b) be nonetheless limited by and subject to the limitation of liability provided in Section 11.1.
12. Export Restrictions
Assets available on the PlayableMusic website may be subject to laws, administrative regulations and executive orders of those authorities responsible
according to any applicable laws relating to the control of imports and exports of the Assets (“Export Laws”). You agree to comply with all applicable
Export Laws and you shall not export or re-export directly or indirectly (including via remote access) any part of the Assets to any country to
which a license is required under the Export Laws without first obtaining a license.
13. Venue and Applicable Law
This EULA and END-USER's relationship with Licensor under this EULA, shall be governed by the laws of The Netherlands without regard
to its conflict of laws provisions.
Any dispute arising out of or in connection with this Agreement, including any disputes regarding the existence, validity or termination thereof, shall be settled by simplified
arbitration arranged by a dutch institute of arbitration in accordance with the rules of simplified arbitration procedure and in force at the time when such proceedings
are commenced. Notwithstanding this, you agree that PlayableMusic shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.