THE POCKET QUEEN SAMPLE PACKS – END USER LICENSE AGREEMENT
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 f/s/o Taylor T. Gordon p/k/a The Pocket Queen c/o Robert Johnson, Esq. 1615 Wilcox
Avenue, #3267, Los Angeles, CA 90028 (“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 a particular set of master sound
recordings (and the underlying compositions, as may be the case) created by
Taylor Gordon and marketed by RoyalT Entertainment (the “Samples”) as
compiled and bundled together into one (1) product package, as found for sale &
download at http://thepocketqueenofficial.com, and as delivered by secure digital
download.
2. Grant of License.
1. (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 Licensee are reserved exclusively by Licensor.
2. (b) In exchange for consideration of Thirty US dollars ($30) and Sixty US Dollars ($60) (“Sample Pack
Purchase Price”), paid upon the purchase and download of the Sample
Pack from http://thepocketqueenofficial.com, Licensee may use the
Sample for the sole and limited purpose of creating new works in
combination with other sounds in music production, including the creation
of new master recordings, new musical compositions, soundtracks for
films, video productions, commercials, and/or multimedia presentations
(each a “New Work”).
3. (c) If Licensee in fact (1) uses one or more Samples from the Sample
Pack to create a New Work, and (2) commercially exploits the New Work
or is compensated for the New Work by a third party (for example, a film
production company paying Licensee to create a film soundtrack)
(“Commercial Use”), Licensee shall contact Licensor and negotiate and
execute a separate license agreement (“Commercial License”) for said
Commercial Use prior to making such commercial exploitation of the New
Work or transmitting such New Work to a third party in exchange for
compensation.
4. (d) 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.
5. (e) Licensee MAY NOT use the Samples or any part thereof in isolation
as sound effects or as loops or as part of any products competitive to
Licensor’s business that are sold or relicensed to third parties.
6. (f) 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.
3. Non-Transferable. The rights in the Samples are granted solely to Licensee and
are not transferable.
4. 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. Licensor represents and warrants that all content contained within the
Sample Pack is wholly original to Taylor Gordon, and does not infringe on the rights of
any third party.
5. Limitation of Liability. Licensee here by 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.
6. 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.
7. Governing Law. The validity, construction and effect of this Agreement, and any and
all modifications thereof, shall be governed by the laws of the State of California
applicable to contracts entered into and fully performed in the State of California, and
the laws of the United States applicable to copyrights. 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 State of California, Los Angeles County
Licensor Contact: management@whitenoise.group