End User License Agreement (EULA)

Effective Date: [Date of Purchase]

This End User License Agreement ("Agreement") is a legally binding contract between you, the end user ("Licensee"), and HRMNYX ("Licensor").

By purchasing, accessing, or using the digital product ("Product") provided by the Licensor, you, the Licensee, acknowledge that you have read, understood, and agree to be bound by all terms and conditions set forth in this Agreement. If you do not agree to these terms, do not purchase, access, or use the Product.

1. Definitions

  • "Samples": The collection of original audio recordings in .wav format or any other audio format provided by the Licensor.
  • "Instrument Configurations": The custom-designed instrument presets created by the Licensor to organize and manipulate the Samples, including but not limited to Ableton Live .adg files and Decent Sampler .dslibrary/.dspreset files.
  • "Product": The collective term for the Samples and the Instrument Configurations.
  • "Project": An original musical, audio, or audio-visual work created by the Licensee that incorporates the Samples. This includes, but is not limited to, songs, film scores, video game soundtracks, podcasts, advertisements, and other creative media.

2. Grant of License

Upon successful payment and delivery of the Product, the Licensor grants the Licensee a single-user, non-exclusive, non-transferable, royalty-free, worldwide, and perpetual license to use the Product subject to the terms and restrictions of this Agreement. For the purposes of this Agreement, "delivery" is complete the moment the Licensor grants you access to the secure download page for the Product immediately following a successful purchase.

This is a single-user license. The Licensee may install the Product on multiple computers owned and operated by the Licensee (e.g., a desktop and a laptop), but the Product cannot be shared with or used by any other individual. For multi-user licenses required by businesses, educational institutions, or other entities, please contact the Licensor directly at hrmnyxofficial@gmail.com.

3. Permitted Uses

The Licensee MAY:

  1. Incorporate the Samples into their own original Projects.
  2. Modify, edit, and process the Samples as an integral and synchronized part of their Projects.
  3. Use the Instrument Configurations as a creative tool within their music production software to create their Projects.
  4. Commercially distribute and publicly perform their own Projects that contain the Product without any additional fees, royalties, or credit to the Licensor.

4. Restrictions and Prohibited Uses

The rights granted to the Licensee are strictly limited. The Licensee MAY NOT:

  1. Resell, re-license, sublicense, lease, lend, share, or distribute the Samples in their original or any modified form as standalone audio files, sound effects, or as part of any collection of audio files.
  2. Repackage or Re-purpose the Product. The Licensee is strictly prohibited from using the Samples, in whole or in part, to create any new sample library, sound pack, virtual instrument, or similar competitive product intended for sale, free distribution, or any other form of dissemination.

    For the avoidance of doubt, this restriction applies even if the Samples are heavily processed, layered, or combined with other sounds. You cannot use these Samples to create your own "200 Drum Sounds" or “200 Synth Sounds" pack and sell or give it away.

  3. Misrepresent Ownership. The Licensee may not claim ownership of the Product or any of its components.
  4. Reverse-Engineer the Instrument Configurations for Redistribution. The Licensee may not reverse-engineer, decompile, or otherwise analyze the Instrument Configurations for the purpose of creating a new commercial or free product that mimics their design or functionality using different audio samples. This clause does not prohibit the Licensee from modifying the Instrument Configurations for their own private creative use within their Projects.
  5. Transfer the License. This license is granted solely to the original purchaser and cannot be sold, gifted, or otherwise transferred to another person or entity.
  6. Make Publicly Available. The Licensee may not make any part of the Product publicly available in a way that allows third parties to download, extract, or access the files as standalone assets (e.g., uploading to a file-sharing service, peer-to-peer network, or a website's soundboard).

5. Intellectual Property and Ownership

This Agreement grants a license to use the Product and is not a sale of the Product or its underlying intellectual property. The Licensor retains full and complete ownership of, and all copyrights and other intellectual property rights to, the Samples and the Instrument Configurations. All rights not expressly granted to the Licensee herein are reserved by the Licensor.

6. Disclaimer Regarding Third-Party Software

The Instrument Configurations are provided as a convenience to the Licensee and are dependent on third-party software (e.g., Ableton Live, Decent Sampler).

  1. "AS-IS" Provision: The Instrument Configurations are provided strictly "AS-IS" and "AS-AVAILABLE" without warranty of any kind, express or implied.
  2. No Guarantee of Functionality: The Licensor does not control the software development of third-party digital audio workstations or samplers. Therefore, the Licensor makes no guarantee or warranty that the Instrument Configurations will function correctly with current or future versions of such software.
  3. No Technical Support: The Licensor is under no obligation to provide technical support, updates, or bug fixes for issues related to the Instrument Configurations' compatibility with third-party software. The responsibility to ensure system compatibility rests solely with the Licensee.
  4. Acknowledgement of Sonic Variations: The Product may be provided in multiple Instrument Configuration formats (e.g., for Ableton Live and Decent Sampler). The Licensee acknowledges that while all formats are derived from the identical core set of Samples, there may be slight sonic differences between them. These variations are a result of the inherent technical differences in the host software and the Licensor's design choices in adapting the instrument for each platform. Such differences may include, but are not limited to, variations in filter algorithms, modulation engines, and the selection, configuration, or omission of built-in effects to achieve the best possible result in each respective environment. Each version has been programmed to faithfully represent the instrument's core sonic character, but the Licensor makes no warranty of a 1:1 sonic match between different formats. Any demonstration or showcase audio/video is representative of the Product's character but may not be an exact match for every provided format.

7. Limitation of Liability

To the maximum extent permitted by law, the Licensor shall not be liable for any direct, indirect, incidental, special, or consequential damages (including, but not limited to, damages for loss of profits, business interruption, or data loss) arising from the use or inability to use the Product, even if the Licensor has been advised of the possibility of such damages. The Licensor's entire liability under this Agreement shall be limited to the amount paid by the Licensee for the Product.

8. Termination

This license is effective until terminated. The license will terminate automatically and without notice from the Licensor if the Licensee fails to comply with any term of this Agreement. Upon termination, the Licensee must immediately cease all use of the Product and delete and destroy all copies of the Product from all storage media.

9. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of North Carolina/United States, without regard to its conflict of law principles. The Licensee agrees that any legal action or proceeding arising out of this Agreement shall be brought exclusively in the federal or state courts located in Wake County, North Carolina.

10. General Provisions

  1. Entire Agreement: This document constitutes the entire agreement between the parties and supersedes all prior or contemporaneous understandings, whether written or oral, regarding its subject matter.
  2. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.

By purchasing, accessing, or using this Product, you, the Licensee, affirm that you have read, understood, and agree to be legally bound by the terms and conditions of this End User License Agreement.

HRMNYX
www.hrmnyx.com
hrmnyxofficial@gmail.com