Legal
A. TERMS OF WEBSITE USE AND B. DESKTOP APP END USER LICENCE AGREEMENT
A. TERMS OF WEBSITE USE
1. What these terms cover.
1.1 These are the terms and conditions on which we supply our products and services to you and on which you may make use of our website www.tracklib.com and any sub-sites and sub domains and any technical applications (including our Desktop App and any other App’s we produce) (“our Site”).
2. Why you should read them.
2.1 Please read these terms of use carefully before you start to use our Site, as these will apply to your use of our Site. These terms tell you who we are, how we will provide content to you, how you and we may change or end our contract, what to do if there is a problem and other important information.
3. We may amend these terms from time to time.
3.1 As we may amend these terms from time to time, every time you wish to use our Site, please check these terms regularly to ensure you understand the terms that apply at the time. The terms were most recently updated on 26th November 2024.
3.2 You may print off one copy and download extracts of our Site pages for your own personal use.
4. Are you a business customer or a consumer?
4.1 In some areas you will have different rights depending on whether you are a business or consumer. You are a consumer if you are an individual and you are buying products or services from us wholly or mainly for your personal use (and not for use in connection with your trade, business, craft or profession).
4.2 If you are a consumer, these terms of use constitute the entire agreement between us but will not limit any consumer rights that you may be entitled to under the mandatory laws of your country of residence.
4.3 If you are a business, you acknowledge that these terms constitute the entire agreement between us and you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
4.4 By using our Site, you confirm that you accept these terms of use and that you agree to comply with them.
4.5 You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions and that they comply with them.
4.6 IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT USE OUR SITE NOR ANY OF THE PRODUCTS AND SERVICES THAT CAN BE ACCESSED ON OUR SITE.
5. Other applicable terms
These terms of use refer to the following additional terms, which also apply to your use of our Site:
6. Information about us and how to contact us and how we may contact you
6.1 Who we are. We are Tracklib Holdings AB and our website, www.tracklib.com, is operated by us. We are registered in Sweden under company number 556984-1918 and have our registered office at c/o Brain Accounting AB, Box 2070, 103 12, Stockholm, Sweden. Our main trading address is Skeppsbron 38, 111 30, Stockholm, Sweden. Our VAT number is SE556984191801.
6.2 How to contact us. You can contact us at our email address which is support@tracklib.com.
6.3 How we may contact you. If we have to contact you we will do so by writing to you at the email address you provide to us when you register on our Site.
7. Tracklib website requirements
7.1 Our Site is made available free of charge.
7.2 We may update and change our Site and the content on it from time to time to reflect changes to our products and services, changes in relevant laws, and regulatory requirements, to implement minor technical adjustments and improvements and to reflect our business priorities and our users’ needs. We may suspend our Site temporarily in order to make updates and changes.
7.3 You agree to automatically receive updated versions of our Site and third party software. You acknowledge that the use of our Site may require third party software that is subject to third party licenses.
7.4 We do not guarantee that our Site, or any content on it, will be free from errors, always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site except as expressly stated otherwise in these terms of use without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
7.5 Our Site requires that (i) you have Internet access (fees may apply and you are responsible for all Internet access fees) (ii) you use a compatible computer system, running a late version of Windows, or Mac OS X or Linux-based, operating system, (iii) you use a compatible handheld/touch device with a modern browser (e.g. Firefox, Chrome) and (iv) prior to downloading any content, you must provide us with a current and valid method of payment which is accepted by us but which you may update from time to time and also pay the required fee in full. High speed broadband is recommended for your enjoyment and use of our Site.
7.6 The ease of access to content on our Site may vary from device to device and may be affected by a number of factors including bandwidth, speed of Internet connection and the device over which you are accessing.
8. Your rights to access our Site and additional conditions on the use of our Site content
8.1 Who can use our Site?
8.2 In order to (i) register on and log in to our Site and/or (ii) sign up to one of the subscription plans on our Site, you must: a) have a legal right to enter into a binding contract with us and not be prohibited to do so under any applicable laws; and b) be at least 18 years (or the age of majority in your country or state) old unless you are aged between 13 and 17 and your parent or legal guardian has consented to your use and accepted this Agreement. Please note that some of the music content on our Site may contain parental guidance criteria (meaning that some lyrics may be unsuitable for young children).
8.3 Tracklib is a Site dedicated to the lawful licensing of samples. Tracklib is committed to promoting the rights of content owners, artists, producers, writers and all others involved in the lawful use of music. We receive substantial demand for our services but we are not a so-called “streaming service”.
8.4 You will be assumed to have obtained permission from the owners of the devices you use to access our Site including devices that are controlled, but not owned by you (“Devices”) and, where relevant, from your parent or guardian in order to access content on the Devices. You may be charged by your service providers for Internet access on the Devices. You accept responsibility in accordance with the terms of this Agreement for the use of our Site and the content on or in relation to any Device, whether or not it is owned by you.
8.5 You agree that our Site may make use of location data sent from the Devices. However, you can turn off this functionality at any time by turning off the location services settings for the Device.
8.6 If you use our Site, you consent to us and our affiliates', transmission, collection, retention, maintenance, processing and use of your location data and queries to provide location-based products and services. You may withdraw this consent at any time by turning off the location services settings on your Devices. Please also refer to our Privacy Policy in this regard.
8.7 Once you have registered on our Site, you can choose to allow our Site to remember your password. You can turn off this functionality or change settings to require a password for every use of your user account by adjusting the account settings.
9. Registration
9.1 You agree to provide accurate and complete information when you register a user account and as you use our Site ("Registration Data"), and you agree to update your Registration Data in order to keep it accurate and complete. You must not impersonate anyone else or claim a false connection with anyone else. You agree that we may store and use your Registration Data in order to take payment from you when you place an order.
9.2 If you are a corporate or other entity, you undertake that only one person is entitled to be a Registered User. Multiple persons cannot make use of our Site.
10. Misuse
10.1 You shall not access or attempt to access user accounts that you are not authorised to access. Violations of system or network security may result in civil or criminal liability. You shall not use or Site as if it were a streaming service.
10.2 You shall not use the Site nor any of our products and services in any manner intended to circumvent the terms of this Agreement and your obligations under it.
10.3 You are solely responsible for maintaining the confidentiality and security of your user account details and password and for all activities that occur on or through your user account and we shall not be responsible for any loss, damage or anything else arising out of the unauthorised use of your account. You must keep your password confidential and not disclose it to any third party. If you know or suspect that anyone other than you knows your password, you must promptly notify us at support@tracklib.com.
10.4 You agree to use our Site and its features, functionality and content in accordance with all applicable laws, rules, regulations or restrictions on the use of our Site and the content.
10.5 We also refer you to Paragraphs 27 below.
10.6 We have the right to disable any account at any time and terminate this Agreement and your use of our Site with immediate effect if, in our reasonable opinion, you have failed to comply with any of the provisions of this Agreement.
11. What use can you make of our Site?
11.1 Your rights to access our Site and its content currently vary depending on your user status, particularly whether you are a registered user, logged in and/or have an active subscription plan (see below for further details).
11.2 Visitors
We welcome visitors to the Site. As an unregistered visitor to our Site, you may browse and search music and related content, listen to 30 second music previews, access the blog, visit the "how it works" section and access other informational pages regarding subscription plans and our product offerings.
11.3 Registered Users who are logged in but have no active subscription plan.
As a registered user who is logged in but has no active subscription plan (including registered users who used to be on a subscription plan but no longer have an active subscription plan) your logged-in functionality is limited to registering derivative works created by you in accordance with a Tracklib sample license (see below under “Obtaining a license for commercial use of downloaded content” for more details) reporting revenues for registered works and starting a trial or paid subscription.
11.4 Registered Users who are logged in and are on an active subscription plan
As a registered user who is logged in and has an active subscription plan, you may browse and search music and related content, listen to full-length music previews, access the blog, visit the "how it works" section and access other informational pages regarding subscription plans and our product offerings, download songs and stems, manage your subscription, create and manage collections, favourite songs, upload profile songs, utilise the technical features of the Site, manage your public profile, purchase and manage sample licenses, register resulting derivative songs and report revenues from derivative songs.
11.5 For details of each of those subscription plans including the payments required to access them and the features of each plan, please click here or view the Site.
11.6 Your rights to access content from our Site
11.7 We are the owner or licensee of all intellectual property rights in our Site and all features, material and content published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You are not granted any license in respect of the features, material and content except as expressly set out in this Agreement.
11.8 Under no circumstances are you allowed to (i) do any of those things that you are prevented from doing by this Agreement (including in relation to content - please carefully read what these terms say below under the heading "what you can and cannot do with downloaded content”) and carry out or procure any of the following or similar activities (ii) share, copy, rip or capture, or attempt to share, copy, rip or capture, any features, material and content iii) disable or attempt to disable or circumvent features that prevent or limit use or copying of any content (iv) modify, translate, adapt, disassemble, decompile, reverse engineer or attempt to discover the source code of any portion of the Site(v) disseminate any virus, adware, spyware, worm, or other malicious code or interfere with or disrupt any network, equipment, or server connected to or used to provide the Site (vi) use the Site in a manner that we, acting reasonably and in good faith, consider to be an abuse of the system or an abuse of other users or rightsholders rights and value (vii) use the Site in any illegal manner nfringe our intellectual property rights or those of any third party in relation to your use of our Site and/or the features, material and content on it; and/or (viii) harvest any information or data from our Site (including in relation to third party users of the Site) or attempt to decipher any transmissions to or from the servers running any service.
11.9 We can change the features, material and content on our Site to reflect changes in relevant law and regulatory requirements. We may also implement technical adjustments and improvements to the content.
11.10 If you have any questions, please contact us at support@tracklib.com.
12. More detail on what you can use our Site for
12.1 Subscription Plans
You must first become a Registered User of our Site in order to access any of our subscription plans. Once you become a registered user, you will be allocated a user profile page from which you can sign up to any of our subscription plans being the Lite, Premium or Max plans. For details of each of those subscription plans including the payments required to access them and the features of each plan, please click here or view the Site. Details will also be provided when you sign up for your chosen subscription plan. We can, at our discretion, decide your eligibility as a registered user and/or a subscriber for such plans at any time and disallow your use.
12.2 Each subscription plan is available and automatically renewable on a monthly or annual basis (or such other recurring basis of which we inform you prior to you purchasing your chosen plan) depending on the plan you choose, until terminated by you or us in accordance with these terms. Details of the subscription plans are here and on our Site.
12.3 We may at our discretion and from time to time offer subscription plans without payment or at a reduced rate, on such terms as are set out when you log in to our Site and for specified periods of time.
12.4 In order to sign up to one of our subscription plans, you must first supply credit or debit card information or Paypal information or such other payment method that we set out on our Site from time to time to accept payment ("Payment Information") including during any free period. The payment methods we accept will be displayed on our Site. After having supplied us with your Payment Information, your user account will then be used to pay for your chosen subscription plan. We may request a temporary authorisation during any free period from the financial institution issuing your Payment Information in order to confirm its validity and to verify your eligibility to participate in any subscription plan.
12.5 Once you sign up to a subscription plan, that will constitute a contract between you and Tracklib which is governed by these terms.
12.6 Please note carefully that once you have used a Credit (for further details on Credits, see here) to download content and the download of your chosen content has begun, you will lose any right you might have to cancel or change the use of that Credit meaning that you will not be able to change or cancel the track you have downloaded.
12.7 Any free period relates solely to the subscription plan you have chosen.
12.8 By providing your payment details you agree that we may automatically begin charging you for your chosen subscription plan on the first day following the end of any free period on a recurring monthly or annual basis (or such other recurring basis of which we inform you prior to you purchasing your chosen plan). If you do not want to pay this charge, you must cancel your chosen subscription plan before the end of the free period on your user settings page (link here). If you do cancel during your free period, your plan will remain active until the end of the free period.
12.9 Your Payment Information will be used for future orders but if you wish you may change that Payment Information on your user profile page. If you do change your Payment Information, you must provide us with new Payment Information if you wish to continue with your subscription plan, purchase Credits or get a sample license.
12.10 Please note that the issuer of your Payment Information may make charges to you for making your payments so please check with your payment processor regularly for details
12.11 If we do not receive authorisation for your Payment Information or if your payments fail at any time, your account and all the services and Credits available to you will immediately be suspended and you will not be able to use any Credits or your chosen subscription plan services. This will be until such time as we receive authorisation for your Payment Information or you provide us with new authorised and working Payment Information together with the whole amount of any payment due. It is critical therefore that if you change your Payment Information, you inform us immediately via your user profile page.
12.12 We may change our subscription pricing at any time and also vary or terminate our subscription plans from time to time but will inform you in advance of any such price or plan changes and how they affect your plan and payments. We will have no liability for any such changes to the extent permitted under applicable law. Those price and plan changes will take effect from the start of your next subscription period after the change. Your continued use of your plan will confirm your acceptance to the price and plan changes, however if you do not agree to the price and/or plan changes, you can unsubscribe from your chosen plan but you must do this before the start of the next subscription period via your user settings page (link here). If you do not do this, you will have confirmed your agreement to the changes in accordance with these terms.
13. Ending a free period early
13.1 You can, if you wish, choose to end your free period early and move straight to your chosen subscription plan. However, if you do this, even on the first day of the free plan, you will lose your right to cancel that plan within 14 days (your so-called “cooling off period”) and so you will be asked to tick a box to confirm that you consent to this and acknowledge that by doing this you lose your that right. You do this by clicking the checkbox that appears on the Start Subscription page available from User Settings. However even then, you can still unsubscribe from your chosen plan before the start of the next subscription period via your user settings (link here)
14. New subscription plans
14.1 With effect from 15th January 2024 we introduced a range of new subscription plans (details available here). We refer to those plans as new plans.
14.2 In these terms and conditions, we will refer to existing plans that were available prior to 15 January 2024 as legacy plans.
14.3 From and after 15 January 2024, you will not be able to subscribe to any legacy plans but all new and existing subscribers will be able to subscribe to the new plans.
14.4 In addition, subscribers to legacy plans may stay on their current plans should they so wish but have the option to switch to the new plans at any time. They will not however be able to switch between legacy plans. Please take the time to review the new plans as they offer additional features and value for subscribers.
15. Switching from legacy to new plans
15.1 If you change from legacy plans (Essential, Standard and Professional plans) to the new plans (Lite, Premium, Max), you will get immediate access to any new features or benefits associated with the new plan but you will be charged the relevant additional amount from the commencement of the next period.
15.2 Please note that it is not possible to switch to legacy plans that were available before this date.
16. Changing your chosen subscription plan
16.1 You may, at any time, change your chosen subscription plan.
Depending on what plan you are changing to and from the following will apply.
Scenario 1
This applies in the following scenarios:
Monthly to Yearly subscription changes
Yearly to Monthly subscription changes
Yearly to Yearly subscription changes
Monthly to Monthly subscription changes
In the above scenarios, your new chosen plan commences immediately and we will immediately charge the whole amount of the upgraded monthly or annual plan. Any unused Credits shall transfer to your new plan and be governed by the provisions of the new plan. For clarification, any new benefits associated with your new plan will become immediately available to you.
Scenario 2
This applies in the following scenarios:
Your new chosen plan will take effect from the commencement of the next plan period and we will charge your Payment Information with the new amount from the beginning of the next period. Any unused Credits shall transfer to your new plan at the commencement of the next plan period and be governed by the provisions of the new plan. For clarification, any new benefits associated with your new plan will take effect at the beginning of the next period.
17 Activating your chosen subscription plan during your free Trial
17.1 If you wish, you can choose to activate your chosen subscription plan during the free Trial.
If you do so, then your free Trial will immediately end and your paid subscription will commence from that date. Please note this will mean that you waive your right to a refund within 14 days of my subscription starting.
In order to confirm your agreement to this, please click the checkbox that appears on the Start Subscription page. Do not worry however you can still use the Credits you received during your free period with no extra charge.
18 Cancelling your subscription plan
18.1 During any free period, you may cancel your subscription plan on your user profile page or here and you will not be charged any fees. After your free period is over, you can cancel at any time by visiting your profile page or contacting customer services, but you will not receive a full or partial refund of any subscription fees already paid for the period of your plan. Cancellation will take effect at the end of the period of your chosen plan, whether monthly or annual. Please note carefully that we are unable to downgrade annual plans to monthly plans so if you choose to cancel an annual plan you are still liable for the remainder of the annual plan period. At the end of your chosen plan, all of your unused Credits will no longer be available to you and will expire 30 days after the end of that period.
If you change your subscription plan within your free period you can then cancel your subscription plan within 14 days of that change.
18.2 You can cancel your subscription plan within 14 days of the commencement of the plan or the new plan (such 14 day period commencing at the beginning of any free period) but note carefully once you have started to download content, you will lose your right to cancel, unless the download is faulty.
19. Pausing your subscription plan
It may be that you do not wish to cancel your subscription plan but, rather, pause it for a while and then either return to a plan or cancel it at a later stage.
19.1 You may therefore, if you wish, pause your subscription plan for a period of up to two months. During that two-month “pause period”: you do not have to pay a subscription fee, but:
(i) Your Site functionality is limited to registering derivative works created by you in accordance with a Tracklib sample license (see below under “Obtaining a license for commercial use of downloaded content” for more details) and reporting revenues for registered works. You cannot search music and related content, listen to music previews, or use any other technical feature of the Site, however,and
(ii) You can “unpause” your subscription plan at any time during the two month “pause period” and will from then on return to your previous plan (or a different plan if you so choose) from the date you "unpause" on the terms and subject to the conditions of that plan including as to payment. As an example, if you have paused for 6 weeks, then unpause, you will, at the time of unpausing, need to pay your chosen plan fee and will need to pay the next plan fee in accordance with that plan (for example one month later if you are on a monthly plan).
20. Content
Tracklib currently provides access to 2 curated libraries of music content being (i) original songs are all songs on the Site that are not in the Tracklib Sounds section and are typically (although not necessarily)intended by the relevant artists for commercial release- (“Original Songs”) - click here to search and review Tracklib Original Songs and (ii) Sounds,(one-shots and loops such as drums, synth, strings, vocals etc. across genres and moods; sample packs; sound effects etc.) (”Tracklib Sounds”) click here to search and review Tracklib Sounds.
Below you will find details on how you can use Original Songs and Original Sounds.
21. Credits and Content Download
21.1 Your chosen subscription plan (see below for more detail on subscription plans) will entitle you to receive a specified amount of credits together with other services. Credits are not transferable. Credits may be used, in the manner specified in each subscription plan, to (i) download Original Songs and/or Tracklib Sounds from Tracklib or (ii) access Original Songs and/or Tracklib Sounds for later download via the Desktop App or our Site (“Credits”) (for further information on content downloads, see under the heading “Content Download” below).
21.2 Credits issued during any free period are subject to the payment verification referred to above and may be revoked in the event that such verification fails. Note that Credits for Tracklib Sounds are not available during any free period.
21.3 Any free or promotional credits provided to you as part of your chosen plan or as part of any other Tracklib promotion will also be subject to these terms.
21.4 Provided you remain a member of a subscription plan (including after you have informed us that you wish to cancel a plan but before the expiry of the then current subscription plan period) Credits purchased by you may be used to purchase content downloads. Note carefully that if you cancel your subscription plan, your Credits will expire 30 days after your subscription plan ends.
22. Purchasing additional Credits
22.1 During any period of your subscription plan (including any free period in respect of Original Songs) you can purchase additional Credits via your user profile page or by clicking here when logged in to your account. Credits will be priced by Tracklib and the price shall be as specified on our Site from time to time (such pricing being subject to change) and will vary depending on which subscription plan you have signed up for. Purchased Credits shall also be subject to these terms.
22.2 Please note that once you have used a Credit (for further details on Credits, see here) to download content and the download of your chosen content has begun, you will lose any right you might have to cancel or change the use of that Credit meaning that you will not be able to change or cancel the content you have downloaded.
23. Content Download
Once you subscribe to one of our subscription plans in accordance with these terms, you may use your Credits to download (or access for later download) such Original Songs and/or Tracklib Sounds as are available on the Site. The number of credits you receive to download per month is stated in your subscription plan (for more information, click here). Please note that as soon as you commence downloading of Original Songs or Tracklib Sounds after your free Trial period you lose your right to cancel your subscription plan for free within a 14 day period and cancel or exchange downloaded content unless that content is faulty. Please note you can still cancel your subscription period at any time and prevent the renewal of your subscription.
Also, once you have downloaded a specific Original Song and/or Tracklib Sound, you can download that same Original Song and/or Tracklib Sound as often as you want provided you remain on a subscription plan, and provided the specific Original Song and/or Tracklib Sound is still available on the Site (please see 25.2 below for more detail on this).
24 Downloaded Original Songs
24.1 Downloaded Original Songs can be used for private use for you to create substantially new and original derivative songs and beats for private purposes (including together with Tracklib Sounds and/or your own or other songs so long as you are fully entitled to use those other songs).
Note carefully that you cannot use Original Songs and/or Tracklib Sounds accessed for future download to create new songs or beats until and unless they are Downloaded by you.
Details of how much you can use from an Original Song can be found here, but in no event can you use more than 60 seconds (consecutively or in total) from an Original Song to create a derivative song.
You can (i) make Downloaded derivative songs and/or beats containing part of Original Songs available for audition and sale including by third party audition services and (ii) send those Downloaded derivative songs and/or beats to third parties (such as record labels) to establish any potential commercial release opportunities. YOU CANNOT TRANSFER OR IN ANY OTHER WAY DEAL WITH DOWNLOADED ORIGINAL SONGS OR TRACKLIB SOUNDS OR USE, RESELL OR REPACKAGE ORIGINAL SONGS ON A STAND ALONE BASIS OR IN ISOLATION. DOWNLOADED ORIGINAL SONGS CAN ONLY BE MADE AVAILABLE OR TRANSFERRED (AS STATED ABOVE) AS PART OF A NEW, ORIGINAL DERIVATIVE SONG, WHICH IS SUBSTANTIALLY DIFFERENT FROM THE ORIGINAL SONG USED.
24.2 Other than your right to transfer derivative songs or beats as set out above, DERIVATIVE SONGS CONTAINING ORIGINAL SONGS CANNOT be commercially or otherwise exploited in any way (including, without limitation, by way of streaming, downloading, public performance, licensing or in any other way) without first obtaining a sample license from Tracklib. Please see below for more detail on how to obtain a sample license. It is imperative that you clearly inform any third party audition service, transferee or any other third party (to whom you may transfer your new songs) of this and make it clear that such third parties also CANNOT commercially exploit the Derivative Songs that contain Original Songs in any way without first obtaining a sample license from Tracklib.
25 Obtaining a license for commercial use of downloaded content containing Original Songs.
25.1 After you have downloaded Original Songs, you can request a license for the use of Original Songs subject to those Original Songs still being available for license and on the terms and conditions of our sample licenses from time to time.
25.2 You must provide the following to Tracklib via your Your License page in relation to each Derivative Song (and all new versions) as soon as they become available; the title and performer of the Derivative Songs; upload a reference copy of each Derivative Song(s); the ISRC codes; the date on which your Derivative Songs are released and the identity of the distributor of each Derivative Song
25.3 It is possible that (due to circumstances beyond our control) (i) Original Songs may no longer be available for license or in a different licensing category and (ii) accessed for future download may no longer be available for download so we recommend you apply for a license and/or download accessed Original Songs and/or Tracklib Sounds as soon as possible. If the Original Song(s) you have downloaded or accessed is no longer available for download or license, we will provide you with one additional Credit but will otherwise have no liability to you to the fullest extent of the law.
25.4 Detailed information on the licenses available and the terms and conditions of those licenses from time to time are displayed on our Site. If we accept your request, a written contract will be available for you to download and review here, on your ‘Your Licenses’ page. The contract will set out all the terms and conditions of the license including what you can, must and can’t do with the content. Provided here, and on your ‘Your Licenses’ page, are the steps you have to take to complete your license and once (but only once) you have completed all those steps, your license shall constitute a completed contract between us in accordance with all its terms and conditions. That contract will at all times be subject to and conditional upon your complying with all of its terms and conditions. Your Payment Information will be used by us in order to take payment for any fees and the royalties payable by you for the content you wish to license.
Please note that once you complete your license, if you have paid a license fee, you cannot obtain a refund.
26. Downloaded Tracklib Sounds
26.1 License of Tracklib Sounds
Once you have downloaded Tracklib Sounds from the Site, and subject to and conditional upon your continuing compliance with (i) this Agreement including (without limitation) the subscription plan, and (ii) such restrictions and restricted uses as are set out below (including in paragraph 26.3), you are granted the non-exclusive, non-transferrable, royalty free license to use the downloaded Tracklib Sounds in a new derivative recording or beat (“Derivative Recording”) and a new composition (“Derivative Composition”) collectively referred to as a “Derivative Song” (“Sounds License”). Subject to those restrictions, you can exploit the Derivative Song (i) worldwide and without limit in time (ii) in all formats, digital and physical including synchronisation, communication to the public (including streaming, downloading and broadcasting), public performance, in compilations (iii) via all media now known or hereafter invented and by (iv) sublicensing such exploitation rights.
You can also (i) make Derivative Songs available for audition and sale including by third party audition services and (ii) send those Derivative Song demos to third parties (such as record labels) to establish any potential commercial release opportunities.
You may include the Derivative Song in so-called short-form and promotional music videos solely to promote and market the Derivative Song, using either your own original visual material or third-party content that you have permission to use.
You can create remixes or new versions of the Derivative Song (but not the Tracklib Sounds) provided that any new version does not contain any more of the Tracklib Sounds as are in the Derivative Song.
You will not acquire any rights in the Tracklib Sounds, except as specifically stated in this Agreement.
NOTE CAREFULLY THAT IF YOU WISH TO USE ANY PART(S) OF ANY ORIGINAL SONGS IN A DERIVATIVE SONG (WHETHER OR NOT INCLUDING TRACKLIB SOUNDS), YOU MUST FIRST OBTAIN A SAMPLE LICENSE FROM TRACKLIB. SEE PARAGRAPH 25 ABOVE FOR MORE DETAILS.
26.2 Restrictions, certain obligations and prohibited uses:
You must fulfil all obligations of this Agreement to maintain your Sounds License. Failure to do so may result in the loss of your rights to use the Tracklib Sounds and the Derivative Song.
The Derivative Song must significantly differ from the Tracklib Sounds. The Derivative Song must predominantly consist of new material created independently. The Derivative Song cannot simply be a reproduction of Tracklib Sounds. Whether you have complied with this is in the sole discretion of the original rights holders, to protect their integrity and rights.
Although you will own the new material created independently in each Derivative Song, and you may register and collect income from the Derivative Song with collective management organisations, you will not acquire any rights in the Tracklib Sounds except as specifically stated in this Agreement.
Prohibited uses:
You cannot use, make, resell, license, or in any way exploit or authorise any use of Tracklib Sounds (i) on a stand alone basis, in isolation, including as incorporated and/or repackaged into sample packs, loops, libraries, music recognition systems or similar (ii) except as incorporated into the Derivative Song and as expressly allowed by this Agreement and/or (iii) in any way that violates or infringes any rights of any third party.
You must give the Derivative Song and any versions a unique name, distinct from the Tracklib Sounds (and/or downloaded Original Songs name).
You cannot credit the original performers using phrases such as “featuring” without Tracklib’s express prior written consent.
The Derivative Song and any versions, including in promotional videos, must not be exploited :
(i) as product, service or other endorsements or tie-ins and/or where the name, likeness or biography of the performers, producers or other contributors to the Original Sounds is used as such an endorsement or tie-in,
(ii) in any context promoting or implying association with alcohol, tobacco, vaping, firearms, pharmaceuticals, pornography, or implying association with religion or politics. Additionally, you cannot use them in a manner deemed offensive, harmful, defamatory, obscene, harassing, illegal, or discriminatory in the discretion of the owners of the Original Recording/Composition
Unless, in either case, as expressly permitted by Tracklib in writing.
**Should you require proof of your license to use Tracklib in your Derivative Song you can request a Sounds License from **support@tracklib.com and this will be provided to you as soon as practicable.
27 Termination
27.1 Breach. If you fail to perform the obligations in this Agreement, for example by acting against its provisions or using Derivative Songs for any of the prohibited uses, this may constitute a breach that can lead to termination of the Songs License. Additionally, if a Derivative Song does not comply with the terms in this Paragraph 23, this could result in copyright infringement, which is potentially a criminal offence. In such cases, you could be liable for contract breach damages and potentially fines for copyright infringement.
27.2 Notice of Breach. If you breach any obligations under this Paragraph 27, Tracklib can issue a written notice of such breach. If you do not remedy such breach within 30 days (the "Cure Period"), or if the breach is not remediable, Tracklib has the right to immediately terminate the Sounds License by providing written notice. Email notification is considered sufficient for this purpose.
27.3 In addition, your Songs License will immediately terminate, and all rights granted to you will cease if any of the following occurs:
(i) You, your authorised distributors, or subcontractors become insolvent, bankrupt, enter administration or receivership, undergo liquidation (unless it's part of a bona fide amalgamation or re-construction where the new entity agrees to assume the obligations under this license), or face a winding-up order that isn't discharged within 90 days; and/or
(ii) Anything similar to the above happens under the law of any jurisdiction pertaining to you, your authorised distributors, or subcontractors
27.4 Effect of Termination. Upon the termination of the Sounds License:
(i) You and your subcontractors must immediately stop using the Derivative Songs; and
(ii) You automatically grant Tracklib the right to issue take-down notices for the Derivative Songs to all digital service providers such as Spotify, Apple Music and YouTube.
However, termination of the Sounds License does not affect any pre-existing rights or claims Tracklib may have against you.
27.5 General
(i) This Sounds license constitutes the full agreement between the parties regarding its subject matter, replacing all prior agreements and discussions.
(ii) A person who is not a party to this Sounds License shall have no right to enforce any term of it.
(iii) (a) if any provision or part-provision of this Sounds License is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Sounds License and b) if so deleted the Sounds License shall be interpreted, to the greatest extent possible, to achieve the intended commercial result of the original.
28. Your registration and payment on our Site
28.1 Provided you comply with this Agreement (including making all applicable payments and verifying your email address when requested by us) your Tracklib registration and subscription will continue until terminated.
28.2 You should be mindful of any communication requesting that you submit credit or debit card or other account information as this can result in identity theft. Always access your membership and subscription information by directly visiting www.tracklib.com and not through a hyperlink in an email or other communication even if it looks genuine.
28.3 Please note carefully that any third party provider you have used to sign up or make payment to Tracklib might have its own cancellation policies so please visit your account with any relevant third party for details. We cannot assist you with this.
29. Our liability under this Agreement
29.1 We are under a legal duty to supply content that conforms with this Agreement. We agree that content downloaded by you will be as described, fit for purpose and of satisfactory quality. More information may be available on our Site from time to time.
29.2 If you have been sent the wrong content or the received content is faulty, please let us know within 14 days and we will investigate your complaint and if you have been sent the wrong content (i.e. not what you ordered) or the content you have received is faulty, we will either deliver the appropriate content or refund your payment to your Payment Information.
29.3 If you can show the content has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation.
29.4 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or failing to use reasonable care or skill. Loss or damage is foreseeable if it is obvious that it will happen or if at the time the contract was made both we and you knew it might happen.
29.5 Nothing in these terms or this Agreement excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
29.6 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, and/or the Desktop App whether express or implied.
29.7 THE NEXT PARAGRAPH DOES NOT APPLY IF YOU ARE A CONSUMER
If you are a business user (but not a consumer), please note that in particular, we will not be liable for:
30. Viruses
31.1 We do not guarantee that our Site will be secure or free from bugs or viruses.
31.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.
31.3 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, Devices, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
31.4 You must not misuse our Site by knowingly using or introducing bots (including chatbots, web-crawlers or malicious bots), viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site or any server, computer or database connected to our Site. By breaching this provision, you are likely to commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
Suspension and termination of your use
If you breach or fail to comply (or we have reasonable grounds for believing that you have, will or may so breach or fail to comply) with any of these terms (or any documents referred to in these terms or any terms of this Agreement) including if any payment is not successfully made for whatever reason we may, at our sole discretion, without notice to you;
and in each of the above cases, you will remain liable for all amounts due from you up to and including the date of termination.
Applicable law and jurisdiction
These terms of use and this Agreement, its subject matter and its formation (and any non-contractual disputes or matters), are governed by English law. You and we both agree that the courts of England will have non-exclusive jurisdiction over any claims or controversies relating to this Agreement (including non-contractual disputes or matters).
General
This Agreement (together with the documents referred to in it) constitutes the entire agreement between you and us and replaces and supersedes any prior agreements between you and us.
If any part of this Agreement (together with the documents referred to in it) is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
This contract is between us and you. No other person shall have a right to enforce any of its terms.
If we do not insist immediately that you do anything that you are required to do under these terms or if we delay in taking any steps against you in respect of your breaking of this contract, that will not mean you do not have to do those things and it will not prevent us taking steps against you at a later date.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement:
our obligations under this Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
we will use our reasonable endeavours to find a solution by which our obligations under this Agreement may be performed despite the Event Outside Our Control.
We may transfer our rights and obligations under this Agreement terms to another organisation.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
You expressly acknowledge and agree that all use of our Site is at your sole risk. To the extent permitted by law, we shall have no liability with respect to your; use of our Site, including the inability to access, download, or access previously downloaded content; or your subsequent use of content, in whatever manner such content is used, including use with third-party software or hardware.
In this Agreement, words following the terms include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
You might encounter third party applications that interact with our Site and your use of them may be subject to third party terms of use.
Thank you for using Tracklib!
B. END USER LICENSE AGREEMENT FOR TRACKLIB DESKTOP APP (EULA)
PLEASE READ THE TERMS OF THIS EULA CAREFULLY
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (“THE LICENSEE” “YOU” “YOUR”) AND US, TRACKLIB HOLDINGS AB (“THE LICENSOR”, “WE” “US” “OUR”) GRANTING YOU A LICENSE TO USE THE TRACKLIB DESKTOP APP (VERSION 1) INCLUDING ANY UPDATES, UPGRADES, PATCHES, FIXES OR WORKAROUNDS MADE AVAILABLE BY US UNDER THIS EULA (“THE DESKTOP APP”).
**BY CLICKING ‘ACCEPT’, IN THE CHECKBOX WHEN YOU REGISTER WITH TRACKLIB, YOU (i) AGREE TO AND ACCEPT THE TRACKLIB WEBSITE TERMS OF USE WHICH IS ALSO AVAILABLE HERE https://www.tracklib.com/terms AND SET OUT ABOVE (“TRACKLIB WEBSITE T’S AND C’S) AND YOU ACKNOWLEDGE THE TRACKLIB PRIVACY POLICY, WHICH IS AVAILABLE HERE https://www.tracklib.com/privacy AND ON THE TRACKLIB SITE HOMEPAGE UNDER THE HEADING “LEGAL”. **
ALL THE DEFINED TERMS IN TRACKLIB WEBSITE T’S AND C’S ARE INCORPORATED BY REFERENCE INTO THIS EULA AND FORM PART OF IT.
WHERE YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS EULA AND TRACKLIB WEBSITE T’S AND C’S AND/OR DO NOT ACKNOWLEDGE THE TRACKLIB PRIVACY POLICY , YOU ARE NOT ALLOWED TO ACCESS, INSTALL OR USE THE DESKTOP APP AND WILL BE PREVENTED FROM ACCESSING AND USING THE DESKTOP APP BY ANY MEANS.
1 Definitions and interpretation
1.1 In this EULA, the following words shall have the following meanings:
Authorised Licensees: users (being employees, personnel or contracted consultants of the Licensee) authorised by You to use the Desktop App;
Business Day: a day other than a Saturday, Sunday or bank or public holiday in England;
Commencement Date: the date on which You click to accept this EULA;
Confidential Information: all information relating to a party’s business which may reasonably be considered to be confidential in nature including information relating to that party’s technology, know-how, Intellectual Property Rights, products and customers. All information relating to the Desktop App including any technical or operational specifications or data shall be part of the Licensor’s Confidential Information;
**Intellectual Property Rights or IPR:**any and all copyright, rights in inventions, patents, know-how, trade secrets, trade marks and trade names, service marks, design rights, rights in get-up, database rights and rights in data, semiconductor chip topography rights, utility models, domain names and all similar rights and, in each case:
(a)whether registered or not; (b)including any applications to protect or register such rights;
(c)including all renewals, extensions, reversions and revivals of such rights or applications;
(d)whether vested, contingent or future; and (e) wherever existing;
Licence Term: save where this EULA is terminated earlier, perpetual commencing on the Commencement Date;
Permitted Purpose: the rights granted to you by the Tracklib Website Terms of Use on the terms and subject to the conditions and restrictions set out in the Tracklib Website Terms of Use;
Territory: worldwide;
Update: a software maintenance update, patch or bug-fix which does not constitute an Upgrade;
Upgrade: means a version or release of software intended to have new or improved functionality or designated by the Licensor as an upgrade; and
1.2 In this EULA, any words that follow ‘include’, ‘includes’, ‘including’, ‘in particular’ or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words.
2. System Requirements
The Desktop App requires the following technical specifications to operate correctly:
2.1 Operating system and compatibility: Windows 10 or macOS 11 (Big Sur) or later
3 Licence of the Desktop App and Website Use
3.1 Subject to and conditional upon the terms of this EULA and the Tracklib Website Ts and Cs, we grant to You a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access, download, install and/or use the Desktop App for the Permitted Purpose only, in the Territory, and for the duration of the Licence Term.
3.2 In order to use the Desktop App, you must both (i) register with Tracklib on our Site. Please see the Tracklib Website Ts and Cs for details of who can register on and use our Site, the registration process, what you can and can’t do on our Site and other critical information and (ii) (subject to Paragraph 3.4 below) have a Tracklib subscription that is either in trial, active, cancelled or pending retry (but when cancelled or pending retry, you must still be within the remaining period of the particular plan). You cannot use the Desktop App in any other circumstance. If you do not have a subscription plan, or used to have a plan but it is terminated or if your plan is suspended, you cannot use the Desktop App. Please see the Tracklib Website Ts and Cs (and, in particular, Paragraphs 12-19 of the Tracklib Website Ts and Cs) and the Site for details of the available subscription plans and more information on those plans.
3.3 Once you have registered on our Site and signed onto one of our subscription plans, you will be able to download content from the Site (either single or multiple downloads) in accordance with the Tracklib Website Ts and Cs (and, in particular, Paragraphs 20-26 of the Tracklib Ts and Cs).
3.4 We currently provide access to 2 curated libraries of music content being (i) Original Songs and (ii) Sounds. Please see Paragraph 20 of the Tracklib Website Ts and Cs (above) for more detail. One of our subscription plans is the Lite plan. You can find details of that plan (and other plans) on our Site. Subscribers to the Lite plan will not be able to download Sounds from the Desktop App and subscribers on a trial period of any plan will also not be able to download Sounds from Desktop App.
3.5 The “offline mode” of the Desktop App permits you to add previously downloaded copies of content to your DAW and search and filter from your local library. Some functionality shall be unavailable if you do not have Internet connection including downloading copies of content from our Site and searching for content on the Site.
3.6 The Desktop App stores and lists the content that you have downloaded from the Site but not from third party sites or sources. You may only import, use or or copy files that you have lawfully acquired from Tracklib and then only for the Permitted Purpose. You may not use the Desktop App to import, use or copy any content you have obtained from any third party or that is unlawfully obtained from the Internet or elsewhere.
3.7 You can find more detail on how to obtain sample licenses (and the nature of those licenses) in the Tracklib Website Ts and Cs and on the Site.
4. Limitations on use
4.1 You shall not:
4.1.1 use, copy, modify, adapt, correct errors, or create derivative works from the Desktop App other than allowed by the Permitted Purpose;
4.1.2 decode, reverse engineer, disassemble, decompile or otherwise translate, or make alterations to, the Desktop App, convert the Desktop App, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to the Desktop App;
4.1.3 assign, rent, loan, transfer, provide access, sub-licence, lease, resell, distribute or otherwise deal in or encumber the Desktop App;
4.1.4 remove or modify any copyright or similar notices, or any of Our or any other person’s branding, that the Desktop App causes to be displayed when used;
4.1.5 install or use the Desktop App, or permit it to be installed or used, by or on behalf of any third party;
4.1.6 interfere with any license key mechanism in the Desktop App or otherwise attempt to circumvent or interfere with any security features of the Desktop App or mechanisms intended to limit your use;
4.1.7 make the Desktop App or copies of the Desktop App available over a network or any other method of remote access, or facilitate the same;
4.1.8 use the Desktop App for any illegal purpose; and/or
4.1.9 transmit any harmful software code such as viruses, deliberately disrupt the operation of anyone’s website, app, server or business or try to gain unauthorised access to computers, data, systems, accounts or networks.
4.2 You may make such backup copies of the Desktop App for operational security or as otherwise reasonably necessary to support the normal use of the Desktop App in accordance with this EULA.
4.3 You shall install, use and run the Desktop App at all times in accordance with any instructions or user guidance and all other terms of this EULA.
4.4 You shall notify us in writing as soon as You become aware of any actual or suspected unauthorised use of the Desktop App.
5. Download and installation
5.1 It is Your responsibility to ensure that Your computer system and network connection is capable of downloading the Desktop App.
5.2 You shall be responsible for installing the Desktop App in accordance with any instructions that we provide.
5.3 We shall not be responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of the Desktop App over communications networks and facilities that we do not own, control or operate, including the Internet.
6. Intellectual Property Rights
6.1 You acknowledge and agree that all Intellectual Property Rights in the Desktop App (and any Updates, Upgrades, variations, additions and improvements) are owned by or licensed to Tracklib, that the right to use the Desktop App is licensed (not sold) to You and that You shall have no other rights other than those granted under the terms of this EULA. For the avoidance of doubt, You shall have no right to access the Desktop App in source code form. This EULA does not grant you any rights in connection with any of Our IPR, trademarks or service marks.
6.2 If You have reason to believe that a third party claim may be brought by any third party alleging that the Desktop App infringes any Intellectual Property Rights of a third party (an IPR Claim), We may at our sole option and expense, and You shall permit Us to:
6.2.1 modify or replace the Desktop App to avoid infringement or alleged infringement; and/or
6.2.2 terminate this EULA.
7. Limitation of liability
7.1 The extent of Our liability under or in connection with this EULA (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this Paragraph 7.
7.2 Our entire liability under this EULA shall be limited to the total amount you have paid us over a period of 12 months prior to the relevant event occurring.
7.3 Subject to Paragraph 7.5, We shall not be liable for consequential, indirect, incidental or special losses.
7.4 Subject to Paragraph 7.5, We shall not be liable for any of the following (whether direct or indirect): loss of profit; loss of revenue; loss of use; loss of production; loss of contract; loss of commercial opportunity; loss of savings, discount or rebate (whether actual or anticipated); harm to reputation or loss of goodwill; loss of business; and wasted expenditure.
7.5 Notwithstanding any other provision of this EULA, Our liability shall not be limited in any way in respect of the following: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any other losses which cannot be excluded or limited by applicable law.
8 Operability
8.1 We confirm that the Desktop App, when used on a system meeting the technical requirements set out in Paragraph 2 of this EULA (as amended from time to time by notice to You) and in accordance with this EULA, shall operate materially in accordance with the description of the Desktop App.
8.2 We may Update or Upgrade the Desktop App from time to time for reasons that include fixing bugs or enhancing functionality. Updates or Upgrades should download automatically although you may need to trigger them yourself, depending on your device and its settings. Updates or Upgrades will only download when you are online. We strongly suggest that, where not downloaded automatically, you download all Updates and Upgrades as soon as they become available. Depending on the nature of the Update or Upgrade, the Desktop App may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep the Desktop App updated to the latest version that we make available. You agree that Updates and Upgrades are subject to the terms of this EULA.
8.3 If there is a breach of Paragraph 8.1, provided that you notify us in writing within 14 days and provide sufficient information to enable us to reproduce any errors, we will, at our option either use reasonable endeavours to correct the errors in the Desktop App within a reasonable time; or terminate this EULA.
8.4 Paragraph 8.1 is subject to You complying with Your obligations under, and using the Desktop App in accordance with, this EULA and is also subject to the limitations and exclusions set out in this EULA. In addition, Paragraph 8,1 shall not apply to the extent that any error in the Desktop App arises as a result of (i) incorrect download, installation, operation or use of the Desktop App (ii) download, installation or use of the Desktop App other than for the Permitted Purposes (iii) modification or alteration of the Desktop App without our written consent (iv) download, installation or use of the Desktop App with other software or on equipment with which it is incompatible; (v) attempted repair, rectification or maintenance by any person other than Us or a third party authorised by Us (vi) failure to notify us of any error within a reasonable period of time of it first occurring; or (vi) failure to install any Update or Upgrade recommended and made available by us.
8.5 You acknowledge that we do not give any warranty or representation and do not accept any liability (howsoever arising whether under contract, tort, in negligence or otherwise) in relation to (i) the Desktop App meeting Your individual needs or business requirements, whether or not such needs or requirements have been communicated to us (ii) the Desktop App operating in a manner which is uninterrupted or free from minor errors or defects; or (iii) the Desktop App being compatible with any óther software or with any hardware.
8.6 Subject to Paragraph 8.5, the provisions of Paragraph 8 set out the Our sole and exclusive remedy (howsoever arising, whether in contract, tort, negligence or otherwise) for any breach of Paragraph .1 or for any other error or defect in, defective performance or inability to use the Desktop App or any part of it.
8.7 Other than as set out in Paragraph 8.1, all warranties, conditions, terms, undertakings or obligations whether express or implied and including any implied terms relating to quality, fitness for any particular purpose, reasonable care and skill or ability to achieve a particular result are excluded to the fullest extent allowed by applicable law.
9. Collection of information
We may collect and use personal data in order to help us provide software updates, product support, the Desktop App, your user experience and other services related to the Desktop App. All personal data use shall be in accordance with Our Privacy Policy.
10. Changes to this agreement
10.1 We may need to revise this EULA from time to time to reflect changes in the Desktop App’s functionality, to deal with a security threat or if there is a change in the law or guidance.
10.2 You will be asked to agree to any material changes in advance by an in-app notification, usually when you Update. If you do not accept the changes, you may not be able to use the Desktop App.
11 Failures of networks or hardware
The Desktop App relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your Internet connection and your device are entirely outside of Our control. Although we will do everything we reasonably can to resolve issues within our control, we are not responsible to You if You are unable to use all or any part of the Desktop App due to a poor Internet connection, faulty components in your device, or anything else that it would not be reasonable to expect Us to control.
12. Customer Service
12.1 If you need to get in touch with us with questions relating to the Desktop App, you can contact us by email at support@tracklib.com.
12.2 If we need to get in touch with you, we will do so by the email you provided us with when you registered.
13 Term and termination
13.1 This EULA shall come into force on the Commencement Date and unless terminated earlier by Us in accordance with the provisions of this EULA shall continue throughout the Term after which it shall automatically expire.
13.2 In addition to the breach and termination provisions in the Tracklib Website Ts and Cs**,** We may terminate this EULA at any time by giving you notice in writing if:
13.2.1 You commit a breach of this EULA and such breach is not remediable which includes using the Desktop App for any reason other than the Permitted Purpose;
13.2.2 You commit a breach of the EULA which is not remedied within seven (7) Business Days of receiving written notice of such breach; or
13.2.3 We terminate the Tracklib Website Ts and Cs in accordance with the Tracklib Website Ts and Cs.
14. Consequences of termination
14.1 Immediately on termination or expiry of this EULA including, for the avoidance of doubt, termination of the Tracklib Website Ts and Cs(for any reason), the licences and rights granted by us shall terminate and You shall (and, if applicable, shall procure that each Authorised Licensee shall):
14.1.1 stop using, uninstall, delete or otherwise remove the Desktop App from all computers or devices in your possession or control (or in the possession or control of any Authorised Licensee); and
14.1.2 immediately and permanently destroy and delete or, if requested by us, return any copies of the Desktop App in Your possession, custody or control.
14.2 You shall be responsible for backing up your data regularly and extracting it from the Desktop App prior to the termination or expiry of this EULA. We shall not be obliged to provide you with any assistance extracting or recovering data whether during or after the Term.
14.3 Termination or expiry of this EULA shall not affect any accrued rights and liabilities of either party at any time up to the date of termination or expiry and shall not affect any provision of this EULA that is expressly or by implication intended to continue beyond termination.
15 Entire agreement and applicability of the Tracklib Website Ts and Cs
15.1 This EULA, the Tracklib Website Ts and Cs, the Privacy Policy and any descriptions of the Desktop App made available in writing on our Site by Us, constitute the entire agreement between the parties and supersede all previous agreements, understandings and arrangements between us in respect of its subject matter, whether in writing or oral.
15.2 Each party acknowledges that it has not entered into this EULA in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in this EULA.
15.3 Nothing in this EULA shall limit or exclude any liability for fraud.
16. Assignment and sub-contracting
16.1 We may at any time assign, sub-contract, transfer, mortgage, charge, declare a trust of or deal in any other manner with any or all of Our rights or obligations under this EULA.
16.2 You shall not assign, transfer, sub-licence, mortgage, charge, declare a trust of or deal in any other manner with any or all of your rights or obligations under this EULA (including the licence rights granted), in whole or in part.
17. Compliance with law
You shall comply with all applicable laws and shall maintain such authorisations and approvals as required from time to time to perform Your obligations under or in connection with this EULA. Without limitation, You agree not to export or re-export the Desktop App in violation of any applicable laws or regulations, including, but not limited to, U.S. export laws and regulations
18. Governing law and jurisdiction
This EULA, its subject matter and its formation (and any non-contractual disputes or matters), are governed by English law. You and We both agree that the courts of England will have non-exclusive jurisdiction over any claims or controversies relating to this EULA (including non-contractual disputes or matters).