The Crow Hill Company Logo

EULA

ANY PERSON OR ENTITY (“User” or “You”) USING OR OTHERWISE ACCESSING OUR PRODUCT OR ANY OF THE CONTENT AVAILABLE VIA THE PRODUCT SHALL BE  BOUND BY THE TERMS AND CONDITIONS OF THIS END USER LICENCE AGREEMENT (“Agreement“). OUR PRODUCT IS AN INSTALLABLE SOFTWARE PACKAGE WHICH INCLUDES, BUT IS NOT LIMITED TO, AUDIO RECORDINGS, VISUAL ASSETS AND CODE, AND THE TERM (“Product”) SHALL BE CONSTRUED ACCORDINGLY.

  1. Contracting parties. The Product, together with all content, data and other materials (“Content”) are owned or controlled by Crow Hill Productions Limited, having its Registered Office at c/o Cc Young & Co, 3rd Floor The Bloomsbury Building, 10 Bloomsbury Way, Holborn, London, WC1A 2SL (“we“, “us“, “our” or “Crow Hill”). When you register with (or otherwise access) us, you are contracting with Crow Hill.  The licence granted to you by us is effective from the date you download, install or use the Product(s) (whichever is earliest) and shall remain in force until terminated by us.
  2. Use of the Product. The Product and the Content is intended only for the purposes specified or implied therein, and your use of the Product and the Content is entirely at your own risk. You shall be solely responsible for all of your use of the Product. Please note, whilst we endeavour to provide accurate and up-to-date information, the Product and the Content may not be wholly accurate or up-to-date, complete or free of defects, and are subject to change at any time. The Product is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. We, unless otherwise stated herein, own or control all relevant intellectual property rights contained in the Product and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Product or any Content in any form other than as expressly allowed herein or as otherwise provided for by us, (or under applicable laws). Save as expressly set out in this Agreement, the Product is for your personal use only . We will not be responsible if your use of the Product or of the Content does not fit your particular intended purpose.
  3. Licence for Download and Use of Products. By purchasing a Product (and subject to your compliance with this Agreement),  we grant to you a non-exclusive, non-sublicensable, non-transferrable license to download (on not more than two devices concurrently) and use the Products you purchase from us, for personal use, PROVIDED ALWAYS that you use the purchased Sound File(s) only within your own newly-created sound recording(s) and/or performances in a manner that renders the Sound File(s) substantially different to the original sound of the Sound File in each case. The Products (and all recordings and/or compositions incorporated therein) are our property and are licensed to you only for use as part of a live or recorded musical performance. You may use these sounds for any commercial or non-commercial purpose where you have combined them with other sounds within one or more musical composition(s) and/or recording(s), in which case they are permitted to be shared with or given or transferred to any third party or uploaded to any file sharing site or offered for resale or public transmission. This license expressly forbids resale or other distribution of the Products or their derivatives, either as they exist in the library, reformatted for use in another sampler, or mixed, combined, filtered, re-synthesised or otherwise edited, for use as sounds, multi-sounds, samples, multi-samples, sound sets, programmes or patches in a sampler, microchip, computer or any sample playback device. You may not sell any Product(s), or give away any Product(s) for use by any other person(s). Product(s) may not be used in or in relation to any competitive product(s) that are sold or relicensed to any third parties. Except as expressly permitted herein, to the fullest extent of applicable law you may not copy, modify, distribute, sell or lease any Product, and you may not reverse engineer or attempt to extract the source code of any Product. Product(s) may not be used in datasets for, in the development of, or as inputs to generative AI programs. For the avoidance of doubt, your license with us is personal in nature and shall not be transferred to any other individual or corporate entity. You shall take all reasonable and practicable steps to protect the Product, together with any ancillary items that are sold with the Product, for all unauthorised copying or use. You shall ensure that in no way is the Product modified or in any way adapted to benefit use by an unlicensed third party.

 

  1. Ownership. Ownership of, and title to, the Products (and all digitally recorded sounds and/or copies therein) is held by us. Copies are provided to you solely to enable you to exercise your rights hereunder. When you purchase any Product(s), you are purchasing a limited and personal licence for use (and not ownership) of Product(s). Except as expressly authorised in this Agreement, you may not rent, lease, sell, sublicense, distribute, transfer, copy, reproduce, display, modify or time share any Product(s) (or part or element thereof).
  2. Intellectual Property. All rights not expressly granted to User are reserved by us. The Products are licensed, not sold, to you to be used for  your own original musical compositions and productions. All copying, lending, duplicating, re-selling or trading of any Product or other Content is strictly prohibited, save as used for or incorporated into your original created works. Only you, as the original purchaser of a Sound File, has the right to embody and reproduce that Sound File within your music compositions/productions. This license is granted for you as a single user only (and is given on a worldwide basis). You agree and acknowledge that we have  a proprietary interest in all sound recordings, and that any use by you that frustrates the purpose of this Agreement or seeks to prevent our payment process (including without limitation by the selling, renting, or otherwise using or distributing un-integrated Content) may cause irreparable loss to us in a way that could not be adequately compensated by damages. For the avoidance of doubt, no ownership of copyright is transferred by us to you hereunder. The brands, products and service names used by us and in the Content are trademarks or trade names of ours or our trading partners unless otherwise stated.
  3. Warranty and Indemnity.You warrant that you will abide by all applicable laws when using the Products and the Content. User hereby warrants and represents that User has the right and power to enter into and fully perform all of its obligations under this Agreement; User will defend, indemnify, and hold us harmless, our parents, subsidiaries, affiliates, directors, officers, employees, and agents, with respect to any claim, demand, cause of action, or debt or liability brought by or claimed by any third party, including attorneys’ fees, to the extent that any such claim is based upon or arises out of a breach of any of User’s representations, warranties, covenants, or obligations.
  4. No Endorsement. At no time, will we pre-screen or monitor, and therefore endorse, (and we expressly disclaim any and all liability in connection with) any third-party content or any other materials created or exhibited or otherwise exploited by our Users.
  5. Termination of this Agreement. We may at any time terminate this legal Agreement, in our sole discretion without prior notice to you and without reimbursement, if we have reasonable grounds to believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein or if we are legally required to do so by law. You acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations. 
  6. Liability. You agree that our liability to you hereunder shall be limited to the amount you have actually paid to us for all products or services hereunder of, if greater, GBP100. Except as set out herein, we shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the Product or the Content or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence.
  7. Warranties.TO THE EXTENT PERMITTED UNDER APPLICABLE LAW IN YOUR TERRITORY, ALL OUR PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE  MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM US, OR FROM ANY THIRD PARTIES’ WEBSITES TO WHICH WE ARE LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THE USE OF THE PRODUCTS AND THE SERVICES IS AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER DEVICE OR SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
  8. Indemnity. You agree to indemnify us for any loss or damage that may be incurred by us, including without limitation reasonable legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the use of the Products or the Content.
  9. Complaints. If you would like to notify us of Content, which you believe does not comply with this Agreement or otherwise is objectionable, please notify us via https://thecrowhillcompany.com/support making sure to include both the link to the infringing Content and the reasons as to why you believe there is an infringement.  
  10. Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere with the Products and/or the Content in any manner. If you in any way cause such damage, you agree to pay all financial damages we incur as a result. We will cooperate with the authorities in prosecuting any User who Interferes with the Products or the Content or otherwise attempts to defraud us or any other parties. We reserve the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your access, and at our sole discretion to disallow your continued use of the Products and/or the Content. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
  11. No Partnership. Your use of the Product and/or the Content creates no partnership, client, fiduciary or other professional relationship.
  12. Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.
  13. Force Majeure.We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control including but not limited to: natural disasters (fire, storms, floods), governmental or societal actions (war, invasion, civil unrest, labour strikes), infrastructure failures (transportation, energy, electricity), or any epidemic or pandemic.
  14. Severance. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
  15. No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.
  16. Variation. This Agreement may be varied from time to time and any such amendment will be applicable from the date and time such revised terms have been made publicly available. Your continued use of the Product constitutes agreement with and acceptance of any such amendment or other changes. 
  17. Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of England and any disputes shall be subject to the exclusive jurisdiction of the Courts of England.
  18. Contacting Us. If you have any questions, please contact us at https://thecrowhillcompany.com/support