FRKNTN License Agreement
License Agreement / Terms and Conditions
The following sets forth the terms and conditions of the agreement with respect to the purchase by you (“Licensee”) of the “Sample Pack” (as hereinafter defined) from FRKNTN (“Licensor”). By purchasing the Sample Pack, Licensee agrees to abide by the following terms and conditions (as may be amended by Licensor from time to time).
1. Sample Pack
The Sample Pack shall mean those samples of master recordings featuring the performances of the featured artist (the “Samples”) as compiled and bundled together into one (1) product package as delivered by secure digital download.
a) The Samples and all rights therein (including copyrights) remain the property of Licensor and are licensed to Licensee as the original end-user, on a non-exclusive basis, for use as set forth herein. All rights not expressly granted to Licensor are reserved exclusively by Licensor.
b) Licensee may use the Samples in combination with other sounds in music production, including soundtracks for films, video productions, commercials, master recordings, multimedia presentations and any reasonable musical purposes within separate musical compositions.
c) Licensee may modify the Samples and may use the Samples for commercial or non- commercial purposes as part of a separate musical composition or other sounds.
d) Licensee MAY NOT use the Samples or any part thereof in isolation as sound effects or as loops or as part of any competitive products that are sold or relicensed to third parties.
e) Licensee shall not have the right, in any circumstance, to re-distribute, license, convey, sell or transfer any Sample or portion thereof “as is” or in its original format (in other words, alone and without using the Sample in connection with the creation of a wholly new work) via any method or medium, including, without limitation online, digitally or physical discs and the rights granted to Licensee are specifically contingent on Licensee using Samples as part of a wholly-new work that combines additional musical or other media material and in no event may you use, distribute, license or sell any Sample alone or not in conjunction with other material.
The rights in the Samples are granted solely to Licensee and are not transferable. 5. Warranties and Representations
Licensee represents and warrants that the use of any Sample shall not infringe on the rights of any third party or create any liability on behalf of Licensor or Licensor’s subsidiaries, affiliates or assignees. Licensee will indemnify, defend and hold Licensor, and Licensor’s principals and owners, harmless from and against any and all loss, costs, damage, liability and expense, including court
costs and reasonable attorneys' fees, arising out of any third party claim, which may occur in connection with Licensee’s use of the Sample or Sample Pack hereunder, Licensee’s projects, or by a breach of Licensee’s warranties and/or representations hereunder.
6. Limitation of Liability
Licensee hereby indemnifies and holds Licensor harmless from any and all liability that may arise from the Project or any content or material used by Licensee in connection with Samples, including but not limited to, any claims for infringement of any intellectual property rights, rights of privacy or publicity, trademark or copyright infringement, or the publication of defamatory, obscene or offensive material. By downloading the Sample Pack, Licensee hereby agrees to waive the right to assert any such claims against Licensor or Licensor’s subsidiaries or affiliates. , Licensor is providing the Samples and Sample Pack “as is” without any warranty. In no event shall Licensor be held liable for any lost profits, incidental, consequential or indirect damages arising out of or associated with Licensee’s use of the Samples or the Sample Pack.
7. Entire Agreement
This Agreement sets forth the entire agreement between Licensor and Licensee with respect to the subject matter hereof, and may not be modified or amended except by written agreement executed by the parties. Licensor and Licensee agree to the terms and conditions stated in this Agreement.
8. Governing Law
The validity, construction and effect of this Agreement, and any and all modifications thereof, shall be governed by the laws of the country of Poland applicable to contracts entered into and fully performed in the country of Poland. All actions between the parties arising out of or in connection with this Agreement shall be brought only in the state and federal courts located in the country of Poland.
What you can do with FRKNTN templates and template-based music
Personal, Educational, Production Use ( “as is”, with our original melodies)
- Deconstruct and learn arrangement, structure, sound processing, automation, etc
- Practice in mixing and mastering
- Practice in composition, arrangement, etc
- Use samples, presets, processing racks from templates for your own commercial productions
- Play at home
- Play at the club/festival/party
- Use in a live theatrical performance
Commercial Use of template-based productions
You can use template-based music for commercial purposes if you changed/modified all the main melodies. That's our minimum requirement. You can keep drum samples, drum patterns, track structure, effects, synth presets, processing, etc.
If you changed all the main melodies then you can:
- Use templates as a starting point for your own commercial productions
- Release on a record label, iTunes, Spotify, YouTube, etc
- Use for TV, web or radio advertisement
- Use in videos, films, trailers, apps, games, or other multimedia
- Use as part of a product available for purchase in a store or online
However, we recommend you to make deeper template modification (change synth presets, some drum samples, effects) if you're going to release template-based track on a record label.
What you cannot do with FRKNTN templates and template-based music
- Re-sell or share the project (modified or not) or any samples/presets from the project
- Claim exclusive ownership or authorship of the track without modifying original melodies
- Use for creating sample libraries and royalty-free music
"Can I render the template 'as is' and release it on a record label?"
No, you can not. You should make significant changes into template. For example, change the root note, melody, sound processing, add your own ideas and sounds, etc. The main and minimum requirement is to change all the main melodies.
"Are there any restrictions for using samples and presets from the template I purchased?"
All samples and presets used in our products are royalty-free. You can use separate samples and presets in your own music productions. You are allowed to create the unlimited number of music productions based on one template. Any kind of separate distribution is strictly prohibited.