Commercial License Agreement for Sample and Preset Banks

This Commercial License Agreement ("Agreement") is entered into by and between Exert Records ("Licensor") and the purchaser ("Licensee") of the sample and preset banks products ("Products").

1. Grant of License

1.1. Non-exclusive, Non-transferable License: This license grants Licensee the right to use the sample and preset banks exclusively for commercial purposes. "Non-exclusive" means that Exert Records can grant similar licenses to other parties, and "non-transferable" means Licensee cannot transfer this license to another party.

1.2. Usage Permissions: Licensee is permitted to use the samples and preset banks in the creation of their own original music, audio recordings, and multimedia projects for commercial purposes. However, Licensee cannot use the individual samples or presets as standalone products for sale or distribution. They must be integrated into larger creative works.

2. Restrictions

2.1. Prohibition of Resale or Distribution: Licensee is explicitly prohibited from selling, distributing, or sublicensing the Products to any third party without prior written consent from Exert Records. This includes but is not limited to selling individual samples or presets, making them available for download, or including them in sample libraries for sale.

2.2. Prohibition of Modification: Licensee cannot alter, reverse engineer, decompile, or disassemble the Products in any way. This includes attempting to extract or manipulate the individual samples or presets from the provided files.

2.3. Intellectual Property Rights: Licensee acknowledges that all intellectual property rights associated with the Products, including copyrights and trademarks, belong solely to Exert Records. Licensee agrees not to claim any ownership or rights over the Products or any part thereof.

3. Intellectual Property Rights

3.1. Ownership: Exert Records retains full ownership of the Products, including all associated copyrights, trademarks, and other intellectual property rights. Licensee's use of the Products does not grant them any ownership rights.

3.2. No Transfer of Ownership: Licensee acknowledges that this Agreement does not transfer any ownership rights to Licensee in the Products. Licensee is only granted a limited right to use the Products in accordance with the terms of this Agreement.

4. Artist Brand Products

4.1. Restrictions on Use: Licensee acknowledges that certain products available for purchase through the web store may be associated with specific artists or brands ("Artist Brand Products"). Licensee agrees that, under no circumstances, shall they release any work using the sounds from Artist Brand Products and credit the artist or use the artist's name, image, likeness, or any other associated branding without obtaining prior written permission from both the artist and Exert Records.

4.2. Use of Artist or Exert Records Name/Image: Licensee shall not use the name, image, likeness, or any branding associated with the artist or Exert Records in connection with any work created using the sounds from Artist Brand Products without obtaining prior written permission from both the artist and Exert Records.

5. File Sharing

5.1. Prohibition of File Sharing: Licensee agrees that sharing the Products through any digital means, including but not limited to file sharing platforms, torrent sites, or cloud storage services, is strictly prohibited. This includes sharing the Products with friends, collaborators, or any other third parties.

5.2. Digital Distribution Restrictions: Licensee shall not distribute, share, or make the Products available to any third party in digital format, including but not limited to uploading the Products to websites, forums, or social media platforms, or distributing them via email or file transfer services.

6. Enforcement

6.1. Legal Action: Licensee acknowledges that violation of the file sharing provision may result in legal action taken by Exert Records. Legal action may include seeking damages, injunctive relief, and attorneys' fees, as permitted by law.

7. Termination

7.1. Right to Terminate: Exert Records reserves the right to terminate this Agreement immediately if Licensee breaches any of its terms. Upon termination, Licensee must cease all use of the Products and destroy any copies in their possession.

8. Governing Law

8.1. Applicable Law: This Agreement shall be governed by the laws of Leuven, Belgium, without regard to conflicts of law principles. Any disputes arising under or related to this Agreement shall be resolved exclusively in the competent courts of Leuven, Belgium.

9. Contact Information

9.1. Communication Channel: Licensee may contact Exert Records at for any inquiries regarding this Agreement.

10. Entire Agreement

10.1. Comprehensive Agreement: This Agreement constitutes the entire understanding between Licensor and Licensee regarding the subject matter herein and supersedes all prior agreements and understandings, whether written or oral, relating to the same subject matter.

By purchasing and using the Products, Licensee acknowledges that they have read, understood, and agreed to be bound by the terms of this Agreement. If Licensee does not agree to these terms, Licensee should refrain from purchasing or using the Products.