These Terms and Conditions (the "Terms") are a binding agreement between you ("Licensee," "you") and [Licensor] ("Licensor," "we," "us"). By purchasing, downloading, installing, or using the Library, you agree to these Terms. If you do not agree, do not download or use the Library, and request a refund under Section 10.
Samples: all audio recordings, loops, one-shots, stems, multisamples, presets, MIDI files, and related content included in the library.
Musical Work: a new, original composition or recording that you create which incorporates the samples as one element among others.
Standalone Sample: any Sample, or a modified Sample, distributed on its own or in a form that lets others extract and reuse it.
Licensee: the individual or single legal entity that purchased the Library.
Subject to these Terms and full payment, Licensor grants you a non-exclusive, non-transferable, worldwide, perpetual license to:
Install and use the Library on devices you own or control, for your own projects
Edit, process, layer, resample, and transform the Samples
Incorporate the Samples into Musical Works, and reproduce, distribute, perform, broadcast, stream, and sell those Musical Works.
Use Musical Works commercially, including in records, film, TV, video games, advertising, podcasts, live performance, and online content, without paying royalties to Licensor and without credit (credit is appreciated but not required).
This license covers Musical Works only. Samples remain the property of Licensor and are licensed, not sold.
You may not:
Distribute, sell, lease, rent, share, upload, or otherwise make available the Samples as Standalone Samples, whether original, edited, processed, or resampled. This includes inclusion in any other sample library, sound pack, loop pack, preset bank, virtual instrument, or sample-based plugin.
Share the Library with anyone else, including through file sharing, torrents, cloud links, or by gifting a copy while keeping yours.
Use the Samples to register content in any content identification or fingerprinting system (such as YouTube Content ID) in a way that causes claims against other licensed users of the Library. See Section 6.
Use the Samples to train, fine-tune, or evaluate machine learning or generative AI models, or to build datasets, without Licensor's written permission.
Claim that you created the Samples, or register the Samples themselves as your own copyrighted work, separate from a Musical Work.
Reverse engineer, decompile, or circumvent any copy protection or licensing mechanism in the Library.
Use the Samples in any unlawful, defamatory, or hateful content, or in a manner that implies endorsement of the content by Licensor or any featured artist.
Licensor (and its licensors and contributing artists) own all right, title, and interest in the Samples, the Library, and all related artwork, names, and documentation.
You own the copyright in your Musical Works, excluding the Samples as they exist within them. Nothing in these Terms transfers ownership of the Samples to you.
All rights not expressly granted are reserved.
Many users license the same Samples. You agree not to submit Musical Works containing the Samples to any content identification service in a way that would result in a claim, takedown, or monetization block against another licensed user. If you receive a claim on a Musical Work you created using the Library, contact us at info@audiohawaii.com with your proof of purchase and we will help resolve it.
Some Samples may include recordings of traditional or culturally significant material, performed or contributed by artists and cultural practitioners. You agree to use this material respectfully. You may not use it in a manner that is derogatory, misrepresents its cultural context, or falsely implies that the contributing artists or communities endorse your work. Licensor may refuse or revoke the license for uses that violate this section.
The Library is delivered digitally. Delivery is complete when download access is made available to you.
Licensor may provide updates or additional content at its discretion. Unless stated otherwise at the time of sale, updates are not guaranteed.
Support is provided by email at info@audiohawaii.com on a reasonable-efforts basis.
You are responsible for backing up the Library. Licensor is not obliged to provide replacement downloads indefinitely, but will make reasonable efforts to re-issue downloads to verified purchasers.
Because the Library is a digital product that cannot be returned, all sales are final once the Library has been downloaded, except where required by law or where the Library is materially defective and we are unable to fix the defect within a reasonable time. Refund requests must be made within [14] days of purchase to info@audiohawaii.com
The license is personal to the Licensee. You may not resell, transfer, or sublicense it, except that if you are an employee or contractor working on a project for a client, the client may use the finished Musical Work, but may not receive or use the Samples themselves. Each user on a team or in a studio who accesses the Samples needs a separate license, unless a multi-user license was purchased.
This license ends automatically if you breach these Terms, in particular Section 4. On termination you must stop using the Library and delete all copies. Musical Works you released before termination may remain in distribution, provided the release did not itself breach these Terms. Sections 4, 5, 13, 14, and 15 survive termination.
The Library is provided "as is" and "as available." To the maximum extent permitted by law, Licensor disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Licensor does not warrant that the Library will meet your requirements or be error-free. Licensor represents that it has the right to license the Samples as described in these Terms.
To the maximum extent permitted by law, Licensor will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, arising out of or related to the Library or these Terms. Licensor's total liability for any claim will not exceed the amount you paid for the Library. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.
These Terms are governed by the laws of the State of Hawaii, without regard to conflict-of-law rules. The parties will first try to resolve any dispute informally by contacting info@audiohawaii.com. If that fails, disputes will be resolved in the courts located in Honolulu, Hawaii, and each party consents to that jurisdiction.
Audio Hawaii LLC • 280 Kuukama St. • Kailua HI 96734 • info@audiohawaii.com • audiohawaii.com