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End User License Agreement

END USER LICENSE AGREEMENT FOR MIDIWOOD.COM KONTAKT INSTRUMENTS

This End User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity, referred to as “Licensee” or “You”) and Midiwood (“Licensor”), located at [Your Company Address], for the use of Kontakt-based virtual instrument software, including but not limited to sound libraries, samples, and associated media (“Software”) provided by Midiwood through midiwood.com. The Software is designed to operate within the Native Instruments Kontakt platform (full version, not Kontakt Player, unless otherwise specified). By downloading, installing, or using the Software, you agree to be bound by the terms of this EULA. If you do not agree to these terms, do not download, install, or use the Software.

1. LICENSE GRANT
1.1. Subject to the terms and conditions of this EULA, Midiwood grants you a non-exclusive, non-transferable, revocable, limited license to use the Software for personal or professional music production purposes on devices under your control.
1.2. You may:
a. Use the Software within Native Instruments Kontakt (full version, or Kontakt Player if explicitly stated) to create musical compositions, including but not limited to demos, songs, albums, remixes, commercials, jingles, soundtracks, and live performances, subject to the restrictions in Section 2.
b. Install the Software on multiple devices you own or control, provided only you use the Software and it is not accessed simultaneously by multiple users.
c. Create one backup copy of the Software for archival purposes, which may be stored on a local device or in a secure, private offsite/cloud storage service, provided the backup is not used for any other purpose and remains inaccessible to third parties.
1.3. The Software is licensed, not sold. This EULA does not transfer ownership of the Software or any of its components to you.

2. RESTRICTIONS ON USE
You agree not to, and will not permit others to:
2.1. Copy, duplicate, or reproduce the Software, except as permitted in Section 1.2.c for backup purposes.
2.2. Modify, adapt, translate, or create derivative works of the Software, including but not limited to altering the samples, scripts, or mappings, except as necessary for your own musical compositions within the terms of this EULA.
2.3. Distribute, sell, sublicense, lease, rent, loan, or otherwise transfer the Software or any portion thereof to any third party, including sharing on file-sharing platforms, servers, or databases.
2.4. Reverse engineer, decompile, disassemble, or attempt to derive the source code or structure of the Software, including Kontakt scripts or encrypted content, except to the extent permitted by applicable law.
2.5. Use the Software to create or distribute new sample libraries, virtual instruments, or products that compete with Midiwood’s offerings.
2.6. Extract, isolate, or repackage individual samples or components of the Software for use outside the intended Kontakt instrument, including but not limited to using samples in other software or hardware samplers.
2.7. Use the Software in any manner that violates local, national, or international laws, including copyright or intellectual property laws.
2.8. Remove, alter, or obscure any copyright notices, trademarks, or other proprietary markings included in the Software.

3. OWNERSHIP AND INTELLECTUAL PROPERTY
3.1. The Software, including all samples, recordings, scripts, and associated media, is the intellectual property of Midiwood or its licensors and is protected by copyright, trademark, and other intellectual property laws.
3.2. All rights not expressly granted in this EULA are reserved by Midiwood. You acknowledge that you do not acquire any ownership rights in the Software by purchasing or licensing it.
3.3. The Software may include components licensed from third parties, including Native Instruments. You agree to comply with any additional terms imposed by such third-party licensors, including Native Instruments’ Kontakt EULA, where applicable.

4. KONTAKT PLATFORM REQUIREMENTS
4.1. The Software requires the full version of Native Instruments Kontakt (minimum version as specified on the product page, which varies by instrument) unless explicitly stated that it is compatible with Kontakt Player.
4.2. You are responsible for ensuring you have a licensed copy of Kontakt that meets the Software’s requirements. Midiwood is not responsible for providing Kontakt or ensuring compatibility with your system.
4.3. The Software may include encrypted or protected content that requires Kontakt to function. Any attempt to circumvent these protections is strictly prohibited and may result in license termination and legal action.

5. COMMERCIAL USE
5.1. You may use the Software to create musical compositions for commercial release, provided the Software’s samples are not used in isolation (e.g., as standalone sound effects or loops in a sample library).
5.2. Any musical compositions created using the Software must be part of a larger creative work where the samples are significantly altered or combined with other original material. For example, simply looping or layering a raw sample with basic effects does not constitute significant alteration.
5.3. You are solely responsible for clearing any third-party rights or licenses for your compositions, including but not limited to performance, mechanical, or synchronization rights. Midiwood is not liable for any infringement arising from your use of the Software in your compositions.

6. COPYRIGHT INFRINGEMENT
6.1. Unauthorized copying, distribution, modification, or use of the Software outside the scope of this EULA constitutes copyright infringement and may result in civil or criminal penalties.
6.2. Midiwood reserves the right to pursue legal action against any party that infringes its intellectual property rights.
6.3. If you become aware of any unauthorized use or distribution of the Software, you agree to notify Midiwood promptly at [Your Company Email Address].

7. TERMINATION
7.1. This EULA is effective from the date you first download or use the Software and continues until terminated.
7.2. You may terminate this EULA by providing written notice to Midiwood and destroying all copies of the Software in your possession.
7.3. This EULA will terminate immediately without notice if you breach any of its terms, including but not limited to unauthorized distribution or modification of the Software.
7.4. Upon termination, you must cease all use of the Software and delete all copies, including backups, from your devices and storage media.
7.5. Sections 3, 6, 8, 9, 10, and 11 survive termination of this EULA.

8. WARRANTY DISCLAIMER
8.1. THE SOFTWARE IS PROVIDED “AS IS” AND WITH ALL FAULTS. MIDIWOOD MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
8.2. MIDIWOOD DOES NOT GUARANTEE THAT THE SOFTWARE WILL BE ERROR-FREE, COMPATIBLE WITH ALL VERSIONS OF KONTAKT, OR MEET YOUR SPECIFIC REQUIREMENTS.
8.3. You assume all risks related to the quality, performance, and use of the Software, including compatibility with your hardware or software setup.

9. LIMITATION OF LIABILITY
9.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MIDIWOOD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING FROM THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF MIDIWOOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2. MIDIWOOD SHALL NOT BE LIABLE FOR ANY INFRINGEMENTS OR LEGAL ISSUES ARISING FROM YOUR USE OF THE SOFTWARE IN YOUR MUSICAL COMPOSITIONS OR PRODUCTIONS.
9.3. In jurisdictions where liability limitations are not permitted, Midiwood’s liability shall be limited to the amount you paid for the Software.

10. RELATED AGREEMENTS
10.1. By agreeing to this EULA, you also agree to comply with Midiwood’s Privacy Policy and Terms and Conditions, as applicable, available at midiwood.com.
10.2. If the Software is used within Native Instruments Kontakt, you agree to comply with Native Instruments’ applicable terms and conditions for Kontakt.

11. GOVERNING LAW AND DISPUTE RESOLUTION
11.1. This EULA shall be governed by and construed in accordance with the laws of [Your Jurisdiction, e.g., California, USA], without regard to its conflict of law principles.
11.2. Any disputes arising under this EULA shall be resolved in the state or federal courts located in [Your Jurisdiction].
11.3. If any provision of this EULA is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

12. ENTIRE AGREEMENT
12.1. This EULA constitutes the entire agreement between you and Midiwood regarding the Software and supersedes any prior agreements or understandings, whether written or oral.
12.2. Midiwood reserves the right to update or modify this EULA at any time. The current version will be available at midiwood.com, and continued use of the Software constitutes acceptance of the updated terms.

13. CONTACT INFORMATION
If you have any questions about this EULA, please contact Midiwood at:
help@midiwood.com

By downloading, installing, or using the Software, you acknowledge that you have read, understood, and agree to be bound by the terms of this EULA.

This EULA was last updated on May 16, 2025.

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