This is a license agreement between you and Music Evolution Studios that explains how you can use photos, video clips, music sample packs, music presets that you license from Music Evolution Studios. By downloading content from Music Evolution Studios, you accept the terms of this agreement.
Music Evolution Studios offers two types of licenses: standard and extended.
By default, all content downloaded from Music Evolution Studios is subject to the extended license terms unless explicitly designated as free content with a standard license.
By providing a standard license for non-commercial use, Music Evolution Studios ensures that users can access and utilize the content for personal or educational purposes while safeguarding against unauthorized commercial exploitation.
By offering such comprehensive permissions under the extended license, Music Evolution Studios enables users to leverage the content effectively across diverse commercial applications while ensuring that the content remains non-exclusive.
2.1 Non-Transferability: The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense them to anyone else, except as provided below:
3.1 Restrictions: The standard license is for a single user. The seat/user restrictions refer to the raw file of content, not the end project or use. Unless you purchase an extended license, you may not store the content on a server (giving more than one person simultaneous access to the content).
3.2 Unlawful Use: You shall not employ the content in any manner that is pornographic, defamatory, or otherwise unlawful. Additionally, you must refrain from using the content to promote violence or hatred, or in violation of any applicable regulations or industry standards.
3.3 No Standalone File Use: The content may not be utilized in any manner that permits others to download, extract, or redistribute the content as a standalone file, separate from its original project or end use.
3.4 No Use in Trademark or Logo: Without acquiring a custom license (not available for Music), you are prohibited from incorporating the content (in whole or in part) as the distinguishing feature of a trademark, design mark, tradename, business name, service mark, or logo. Moreover, you are not authorized to register such content (in whole or in part) as a trademark or utilize any registrations, prior use, or accrued goodwill to prevent third-party use of the content or similar content.
3.5 Sensitive Use Disclaimer Requirement: In instances where the content features models or property associated with topics that may be considered unflattering or controversial, you are obligated to provide a disclaimer indicating that the content is used for illustrative purposes only. Additionally, you must specify that any individual depicted in the content is a model. No disclaimer is necessary for “editorial use only” content utilized in an editorial manner.
3.6 No False Representation of Authorship: You are prohibited from misrepresenting yourself as the original creator of an end product primarily composed of licensed content. For instance, you may not create a painting solely based on licensed content and claim authorship.
3.7 Additional Restrictions for the Use of Music Samples & Presets:
4.1 Ownership: Music Evolution Studios retains all rights, title, and interest in and to the licensed content, including all copyrights and other intellectual property rights therein.
4.2 Attribution: You shall credit Music Evolution Studios appropriately for the licensed content used, in the following manner specified by Music Evolution Studios:
This attribution ensures proper recognition of Music Evolution Studios as the source of the licensed content.
5.1 Term: This Agreement shall commence on the Effective Date and shall continue until terminated as provided herein.
5.2 Termination: Either party may terminate this Agreement by providing written notice to the other party in the event of a substantial breach of any provision of this Agreement, provided such breach remains unremedied within a specified cure period. This Agreement remains effective until terminated by either party.
You may terminate this Agreement by discontinuing the use of the content and removing or erasing any duplicates.
Music Evolution Studios reserves the right to terminate this Agreement at any time if you fail to comply with any of its terms. In such a scenario, you must promptly discontinue the use of the content, remove or delete any copies, and, if requested, provide written confirmation to Music Evolution Studios that you have adhered to these obligations.
This Agreement, its interpretation, validity, and enforcement, and any disputes arising out of or relating to it, shall be governed by and construed in accordance with the laws of England and Wales. Any legal action or proceedings arising under or related to this Agreement shall be brought exclusively in the courts of England and Wales. Each party hereby submits to the exclusive jurisdiction of the courts of England and Wales for the purpose of any such legal action or proceedings.
Representations and Warranties
Caption/Metadata Disclaimer.
While we have made reasonable efforts to correctly categorize, keyword, caption and title the content, music evolution studios does not warrant the accuracy of such information, or of any metadata provided with the content.
No Additional Warranties.
Cultural Assets – No Assurance. In certain regions, the utilization of content portraying artwork, architecture, or culturally significant landscapes might necessitate additional authorization and fee payments to the appropriate governing bodies. It is your sole responsibility to acquire such authorizations and fulfill these fees. Music Evolution Studios disclaims any liability arising from the absence of such actions.
Apart from the warranties specified in Section 11, which cover Music Evolution Studios’ representation of its rights to grant the license, non-infringement, and compliance with laws, the licensed content is provided “as is” without any additional guarantees, representations, or conditions, whether express or implied. This encompasses implied guarantees, representations, or conditions of merchantability or suitability for a specific purpose. Music Evolution Studios does not assure or guarantee that the content will fulfill your needs or that its usage will be continuous or error-free.
Limitation of Liability.
Music Evolution Studios will not be liable to you or any other person or entity for any punitive, special, indirect, consequential, incidental, or other similar damages, costs, or losses arising out of this agreement, even if Music Evolution Studios has been advised of the possibility of such damages, costs, or losses. Some jurisdictions do not permit the exclusion or limitation of implied warranties or liability.
Assignment.
This agreement is personal to you and is not assignable by you without Music Evolution Studios’ prior written consent. Music Evolution Studios may assign this agreement, without notice or consent, to any corporate affiliate or to any successor in interest, provided that such entity agrees to be bound by these terms.
Electronic storage.
You agree to retain the copyright symbol, the name of Music Evolution Studios, the content’s identification number, and any other information embedded in the electronic file containing the original content, and to maintain appropriate security to protect the content from unauthorized use by third parties. You may make one (1) copy of the content for backup purposes.
Severability.
If one or more provisions of this agreement are found to be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
Waiver.
No action of either party, other than express written waiver, shall be construed as a waiver of any provision of this agreement.
Notice.
All notices required to be sent to Music Evolution Studios under this agreement shall be sent via email to contact@musicevolutionstudios.co.uk. All notices to you will be sent via email to the email address set out in your account.
Taxes.
You agree to pay and be responsible for any and all sales taxes, use taxes, value-added taxes, and duties imposed by any jurisdiction as a result of the license granted to you or your use of the licensed content.
Entire Agreement.
This Agreement constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, pertaining to such subject matter. No terms or conditions of this agreement may be added or deleted unless made in writing and accepted in writing by both parties or issued electronically by Music Evolution Studios and accepted in writing by you. In case of any inconsistency between the terms of this agreement and those contained in any purchase order sent by you, the terms of this agreement shall prevail.