SAMPLE PACK LICENSE AGREEMENT
Version 1.0 | Effective Upon Download
By downloading, accessing, or using any sample pack, loop pack, sound library, or other audio content (collectively, "Sample Pack") provided by Maximo Morales ("Licensor"), you automatically agree to be bound by the terms and conditions of this Agreement. If you do not agree, do not download or use the Sample Pack.
1. GRANT OF LICENSE
Licensor grants you a non-exclusive, non-transferable, worldwide, perpetual license to use the samples in the Sample Pack in accordance with the terms of this Agreement. This license is personal to you and may not be sublicensed, sold, transferred, shared, or assigned to any third party.
2. PERMITTED USES
You may use the samples to:
a) Create original music, compositions, and sound designs for commercial and non-commercial purposes
b) Distribute and monetize music containing samples on streaming platforms (Spotify, Apple Music, YouTube Music, Amazon Music, Bandcamp, SoundCloud, and similar services)
c) Upload music containing samples to social media (TikTok, Instagram, Facebook, YouTube, Twitch, etc.)
d) Create sync placements in film, television, documentaries, commercials, video games, podcasts, and other media
e) Perform and distribute music live (streaming or in-person)
f) Use samples in client work, production services, and commissioned projects
You retain the right to monetize all music created with these samples. No royalties are owed to Licensor for independent releases using these samples.
3. PROHIBITED USES
You may NOT:
a) Share, resell, redistribute, or transfer the Sample Pack to any third party
b) Upload, post, or distribute the raw samples (or recognizably derived samples) to any platform
c) Create, market, or sell sample packs, loop kits, drum kits, or competing products using these samples
d) Repackage or rebrand the samples for resale
e) Use samples to train AI, machine learning models, or generative AI systems
4. COMMERCIAL ESCALATION
If a track containing samples from this Sample Pack achieves any of the following thresholds, you agree to contact Licensor within 30 days to negotiate a commercial agreement:
a) 1,000,000 (one million) or more streams across all platforms combined within a 12-month period
b) Release on a major record label (top 3 majors—Sony, Universal, Warner—or any label with $10M+ annual revenue)
c) Significant sync placement in theatrical film, network/cable TV, major streaming series (Netflix, Amazon Prime, etc.), national commercial, or video game with 10M+ reach
Upon notification, Licensor and you agree to negotiate in good faith. Possible arrangements include: producer credit, publishing split, royalty participation (typically 3-6% depending on achievement level), flat licensing fee, or continued royalty-free use. All compensation is negotiated separately and documented in writing. If no agreement is reached within 60 days, the track must be removed from all platforms. Failure to notify or comply with negotiation requirements will result in a DMCA takedown notice.
5. COMMERCIAL TRACKING
Licensor may use third-party tracking services (Spotify for Artists, Shazam, Distrokid analytics, or similar platforms) to identify tracks using samples from this Sample Pack. You agree to cooperate with any communication from Licensor regarding commercial success of your tracks.
6. COPYRIGHT OWNERSHIP
Licensor retains full copyright ownership of the samples. Your license grants you the right to use the samples in your creative works, but you do not own or claim copyright to the samples themselves. Any music you create is owned by you, but use of the samples is governed by this Agreement.
7. LICENSE TERMS
This license is:
- Non-Exclusive: Other users may license the same samples
- Non-Transferable: You may not assign or sublicense this license
- Perpetual: This license continues indefinitely unless terminated for breach
8. WARRANTY DISCLAIMER
THE SAMPLE PACK IS PROVIDED "AS IS" WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LICENSOR DOES NOT WARRANT THAT SAMPLES ARE ERROR-FREE, VIRUS-FREE, OR SUITABLE FOR YOUR NEEDS. YOUR USE IS AT YOUR OWN RISK.
9. LIMITATION OF LIABILITY
LICENSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. LICENSOR'S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE PURCHASE PRICE (IF ANY) OF THE SAMPLE PACK.
10. THIRD-PARTY RIGHTS
You are solely responsible for ensuring your use of the samples does not infringe third-party rights. Licensor provides no warranty against third-party infringement claims and is not liable for claims arising from your compositions created with the samples.
11. TERMINATION
Licensor may terminate this license immediately if you breach any term of this Agreement. Upon termination, you must cease creating new music with the samples. Previously released tracks may remain distributed, but new releases are prohibited. Termination does not affect tracks already publicly released.
12. GOVERNING LAW
This Agreement is governed by the laws of England, without regard to conflict of law principles. You consent to the exclusive jurisdiction of the courts located in London.
13. SEVERABILITY
If any provision is invalid or unenforceable, that provision is severed and remaining provisions continue in full force.
14. ENTIRE AGREEMENT
This Agreement supersedes all previous understandings. Any modifications must be in writing and signed by both parties.
15. ACKNOWLEDGMENT
BY DOWNLOADING OR USING THE SAMPLE PACK, YOU ACKNOWLEDGE THAT:
- You have read and understand this Agreement
- You agree to all terms and conditions
- You will comply with all applicable laws
- Licensor is not liable for sample misuse
- Non-compliance may result in DMCA takedown and legal action
QUESTIONS OR COMMERCIAL NOTIFICATION
Contact: lemaximos.prod@gmail.com