This Licensing Agreement ("Agreement") is a legal agreement between you (the "User" or "Licensee") and ZENmix by Jens Boje ("Licensor", "ZENmix"), governing your use of music and sounds tagged as subliminal-use-allowed ("Content") provided through our website zenmix.io.
By purchasing, downloading, or using the Content, you agree to be bound by the terms of this Agreement. If you do not agree with any of the terms, you should not use the Content.
License Grant
ZENmix grants you a non-exclusive, non-transferable, revocable, royalty-free license to use the Content for personal, non-commercial, or commercial purposes subject to the terms and conditions of this Agreement.
This license is personal to the original Licensee, whether an individual or a business entity, and cannot be transferred, assigned, or conveyed to any other party, whether through sale of assets, merger, acquisition, or any other means. Any attempt to transfer rights to the Content without explicit written permission from ZENmix shall constitute a material breach of this Agreement.
Usage Rights
- Personal Use: You may use the Content in your personal projects.
- Commercial Use: You may use the Content in commercial projects. You can sell your work using our Content.
- You may use the music and sounds in subliminal products, incl. audio-only subliminal products.
- You may use the Content in as many projects as you wish.
- Attributing ZENmix is not required.
Prohibitions
- You are NOT allowed to resell or redistribute the Content as is in whole or in parts, for example, but not limited to making a music track downloadable for everyone on a free website or selling it on Fiverr.
- You can NOT use the Content in any illegal manner or in a way that infringes on any intellectual property rights.
- You can NOT license or sublicense the Content to any third-party.
- You can NOT use it to offer services or products similar to ZENmix.
- You can NOT claim ownership or copyright.
- You can NOT distribute an audio-only product, subliminal or audible, to, but not limited to, Spotify Music, Amazon Music, iTunes, and similar stores or any music distributors like, but not limited to, DistroKid, Amuse, or RouteNote.
You can NOT grant a user or customer of any derivative work created using our Content any rights beyond normal consumer use or personal usage. This includes, but is not limited to:
- Allowing the use of the derivative work in commercial, promotional, or marketing activities.
- Allowing the redistribution, sublicensing, or publication of the derivative work on public platforms (e.g., YouTube, social media) for purposes beyond personal use.
Ownership
All Content provided by ZENmix remains the property of ZENmix and its composers. This Agreement does not grant you any ownership rights to the Content, only a license to use it under the terms specified.
Termination
ZENmix reserves the right to terminate this Agreement and revoke your license if you breach any terms of this Agreement or your purchase is undone, e.g. by chargeback, dispute, or a refund. Upon termination, you must immediately cease all use of the Content and delete or destroy any copies in your possession.
Warranty Disclaimer
The Content is provided "as is" without warranties of any kind, either expressed or implied. ZENmix disclaims all warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
In no event shall ZENmix be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or related to your use of the Content, even if ZENmix has been advised of the possibility of such damages.
Indemnification
You agree to indemnify and hold harmless ZENmix, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or related to your use of the Content.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law principles.
Changes to This Agreement
ZENmix reserves the right to modify this Agreement at any time. Any changes will be posted on our Website, and your continued use of the Content following such changes constitutes your acceptance of the updated terms.
Any license files included in the downloads are for reference only and may not reflect the most recent terms and conditions; these files may become outdated over time. The most current and legally binding version of this Agreement is always the one available on our website zenmix.io.
Severability
If any provision of this Agreement is found to be unenforceable or invalid, such provision shall be severed from the Agreement. The remaining provisions shall continue in full force and effect. The severed provision shall be replaced with a valid provision that most closely matches the intent of the original provision.