End User License Agreement

License Agreement

The following license is granted non-exclusively to all purchasers of my products. This version supersedes any prior printed or digital versions of my license.

If you represent a business that will have more than one user, and you need a Multi-User License, please contact me at [email protected].

Individual License Agreement

YOU AGREE TO BE BOUND BY THE TERMS OF THIS PURCHASE AGREEMENT BY PLACING AN ONLINE ORDER FOR THE PRODUCTS AND/OR SERVICES. IF YOU DO NOT AGREE, DO NOT ORDER OR DOWNLOAD ANY OF THE PRODUCTS.

You are purchasing a single-user license to Heitor Silva Products, Services, Virtual Instrument software and audio files. The rights associated with this license are available to you only. The license is non-transferable, which means you cannot sell or give another individual or entity the right to use the software. Unauthorized resale of Heitor Silva audio products and services is prohibited. You may not sell, lend, or giveaway, any of the licensed audio files, in whole, or part, to third parties. Licenses to companies or entities, such as corporations, partnerships, and trusts, are available under separate terms and conditions. Please contact Heitor Silva for details. All rights not expressly granted are hereby reserved.

Heitor Silva retains copyright ownership of all recorded sounds, instrument programming, documentation and musical performances included within each product. All past and future versions of any Heitor Silva product, including any versions previously published or sold through any other entity are fully bound and covered by this agreement.

Allowed Uses

Heitor Silva is granting you the conditional right to use all or a portion of the licensed audio files in your own product without further payment (royalty-free). The sounds licensed under this agreement may be reproduced by you, provided that your product contains an additional element: i.e. voice, music, image, etc. Examples of allowed uses are inclusion in self-produced radio programs, podcasts, mobile apps, television broadcasts, film soundtracks, music albums, PowerPoint presentations, websites, advertising, multi-media presentations, video games and other similar products. The rights under this license are limited and granted to a single sole user and do not extend to a company.

Limitations

This license expressly forbids any unauthorized inclusion of the content in any library (e.g. sample instrument, sound effects library, sfx tool kit for a production music company, etc.) online or offline without our express written consent. The license also forbids any re-distribution method of the content, through any means, including but not limited to, re-selling, trading, sharing, resampling, mixing, processing, isolating, or embedding into software or hardware of any kind, for the purpose of re-recording or reproduction as part of any free or commercial library of musical and/or sound effect samples and/or articulations, or any form of musical sample or sound effect sample playback system or device. Production music stems using Heitor Silva content, require multiple sound sources. Stems using Heitor Silva content should not be delivered \"naked\", meaning not layered with other elements (Heitor Silva content or other).

The licensee shall not use the licensed products or any part thereof with generative AI or ML models (artificial intelligence, machine learning, deep learning, neural networks, or similar technologies designed to automate the generation of or aid in the creation of new content) or in any research project of similar nature without the prior written consent.

License Holder

You warrant that the name entered during the completion of the purchase order is your full and correct current legal name.

License Replacement

In the event of loss or damage of the product, you may re-order from Heitor Silva at a nominal fee. Heitor Silva shall keep a composite list of all licensees.

Derivatives

All derivatives of licensed audio files, whether created in part or whole of the file licensed by this agreement, either by mixing, editing, processing or any other means remain bound by the terms and restrictions of this Agreement.

Term

The license is Lifetime of the named Licensee.

Duplication and Storage

You may transfer the licensed audio files to one local hard drive and also make one additional backup copy for your personal use. This license does not allow you to upload to a server or make copies available to other unlicensed users.

Refunds

Please refer to my Refund Policy for information on refunds.

Breach

In the event of a breach of this agreement, action may be taken against you by Heitor Silva, the owner of the copyrighted materials, or its successor in interest. Licensee expressly agrees all matters arising out of or related to this agreement are governed by the laws of Singapore, and that the agreement may include terms, conditions or limitations that are unenforceable or are otherwise void in other jurisdictions. Licensee agrees that any court action to enforce the terms of this agreement will occur in the city of Singapore, or in the current city and country of the registered home office of Heitor Silva. The non-prevailing party in any action brought for breach of this agreement will be responsible for payment of the prevailing party's attorney fees, costs, court fees, and resulting damages.

Liability

The Licensee shall not hold Heitor Silva responsible for any loss of business or business profits resulting directly or indirectly from the performance of any Heitor Silva product or service.

Last update: July 1st 2023