END-USER LICENSE AGREEMENT (EULA) 

PLEASE READ THIS END-USER LICENSE AGREEMENT ("EULA AGREEMENT") CAREFULLY, BEFORE COMPLETING THE DOWNLOAD OR INSTALLATIONS PROCESS AND USING THE MEDIA, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES. 

1. OVERVIEW 

This End User License Agreement (“EULA”) is a binding agreement between GGM Media, Inc. (“GGM Media”) and you, and is effective as of the date you download, install, use, or electronically accept the software DragOn Sampler and/or DragOn sound libraries, including any third-party sound libraries (collectively, the “Media”).

This End User License Agreement ("EULA") sets forth the general terms and conditions governing your use of the Media, provides a license to use the Media made available by GGM Media, Inc. ("GGM Media"), and contains liability disclaimers. This EULA also applies to any update, upgrade, internet-based service, or support service related to the Media.

Whether you are acquiring the Media directly from GGM Media or through a GGM Media–authorized reseller, your electronic acceptance of this EULA signifies that you have read, understand, acknowledge, and agree to be bound by this EULA.

The terms "we," "us," or "our" refer to GGM Media. The terms "you," "your," or "User" refer to any individual or entity who accepts this EULA, uses the Media, or has access to the Media. Nothing in this EULA shall be deemed to confer any third-party rights or benefits.

GGM Media may, in its sole and absolute discretion, change or modify this EULA, and any policies or agreements incorporated herein, at any time. Such changes or modifications shall be effective immediately upon posting. Your continued use of the Media after such changes or modifications constitutes your acceptance of this EULA as last revised.

BY DOWNLOADING, INSTALLING, OR USING THE MEDIA, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS EULA. IF YOU DO NOT AGREE TO BE BOUND BY THIS EULA AS LAST REVISED, DO NOT DOWNLOAD, INSTALL, USE, OR CONTINUE TO USE THE MEDIA.

2. ELIGIBILITY

The Media is available only to Users who can form legally binding contracts under applicable law. By downloading or using the Media, you represent and warrant that you (i) are at least eighteen (18) years of age, (ii) are otherwise legally capable of entering into binding contracts, and (iii) are not a person barred from purchasing or using the Media under the laws of the United States, the State of Tennessee, or any other applicable jurisdiction.

If you are entering into this EULA on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to this EULA. In such case, the terms "you," "your," or "User" shall refer to that entity. If you do not have such authority or do not agree to the terms of this EULA, you must not accept this EULA or use the Media. If GGM Media later determines that you lacked authority, you agree to be personally responsible for the obligations contained herein.

3. LICENSE GRANT

Subject to the terms of this EULA, GGM Media grants you a personal, revocable, worldwide, non-exclusive, non-sublicensable, and non-transferable license to use the Media on devices you own or control for your own non-commercial use.

The Media is licensed, not sold. You acknowledge that no title or ownership interest in the Media is transferred to you, and this EULA shall not be construed as a sale of any rights in the Media.

You may install and use the Media on compatible devices under your control. You are responsible for ensuring that your devices meet the minimum system requirements for the Media.

4. RESTRICTIONS

Without the prior written consent of GGM Media, you may not assign this EULA or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Media.

You may not:

• edit, modify, alter, adapt, or otherwise change the Media or any part thereof, or combine the Media with or incorporate it into any other software; • decompile, disassemble, reverse engineer, or attempt to derive the source code of the Media; • copy, reproduce, duplicate, resell, or distribute the Media or any part thereof except as expressly authorized by GGM Media; • remove or alter any GGM Media trademarks, logos, or legal notices included in or associated with the Media; • remove, disable, circumvent, or otherwise interfere with any copy protection, rights management, or security features protecting the Media; • use the Media to gain or attempt to gain unauthorized access to any service, account, data, or network; • use the Media in violation of any applicable local, national, or international law; or • use the Media in any manner that GGM Media determines, in its sole discretion, to be a breach of this EULA.

GGM Media reserves the right to determine what conduct constitutes a violation of this EULA.

5. INTELLECTUAL PROPERTY

Nothing in this EULA shall be interpreted as a transfer of intellectual property rights. GGM Media retains all right, title, and interest in and to the Media, including all copyrights, trademarks, and other intellectual property rights therein.

The Media, including without limitation all text, scripts, source code, APIs, graphics, photos, sounds, music, videos, interactive features, trademarks, service marks, and logos, is owned by or licensed to GGM Media and is protected by applicable intellectual property laws.

The Media is provided to you "as is," "as available," and "with all faults" for your personal, non-commercial use only. No right or license under any copyright, trademark, patent, or other proprietary right is granted except as expressly set forth in this EULA.

6. COLLECTION AND USE OF INFORMATION

You acknowledge that GGM Media may collect information about your device and your use of the Media through automatic means. Any information collected is subject to GGM Media’s Privacy Policy. By using the Media, you consent to such collection and use of information in accordance with the Privacy Policy.

7. UPDATES

GGM Media may, but is not obligated to, provide updates, upgrades, patches, bug fixes, or new features related to the Media (collectively, "Updates"). All Updates shall be deemed part of the Media and subject to this EULA. Failure to install Updates may result in the Media not functioning properly.

8. THIRD-PARTY MATERIALS

The Media may include or make available third-party content or links to third-party services ("Third-Party Materials"). GGM Media is not responsible for Third-Party Materials and provides them solely as a convenience. Your use of Third-Party Materials is at your own risk and subject to applicable third-party terms.

9. USER CONTENT

The Media may allow you to create or share content ("User Content"). You are solely responsible for your User Content and represent and warrant that it does not infringe any third-party rights.

By submitting User Content through the Media, you grant GGM Media a worldwide, non-exclusive, royalty-free, sublicensable, irrevocable, and transferable license to use, reproduce, distribute, modify, display, and perform such User Content in connection with the Media.

9A. SOUND LIBRARY–SPECIFIC LICENSE AND USE RESTRICTIONS

In addition to all other terms of this EULA, the following provisions apply specifically to sound libraries included in or distributed as part of the Media ("Sound Libraries"):

(a) Permitted Use. Subject to compliance with this EULA, Sound Libraries are licensed for use in musical compositions, audiovisual productions, interactive media, live performances, and other creative works that incorporate the Sound Libraries as part of a larger original work ("Compositions"). Such use may be commercial or non-commercial, and no additional royalties are owed to GGM Media for such use. For clarity, you may commercially release Compositions incorporating the Sound Libraries, provided that the Sound Libraries are not made available in isolated or extractable form.

(b) Prohibited Use. You may not, and may not permit any third party to: • redistribute, resell, sublicense, share, rent, lease, lend, or otherwise make available the Sound Libraries, whether in original, modified, isolated, or unmodified form; • use the Sound Libraries in isolation or as the primary value of any product, including sample packs, sound effects libraries, virtual instruments, presets, or competitive products; • make the Sound Libraries available through any content delivery system, cloud-based service, marketplace, or file-sharing platform; • use the Sound Libraries to train, develop, or improve any machine learning, artificial intelligence, neural network, or generative system; • claim ownership of or authorship in the Sound Libraries themselves.

(c) No Extraction. You must take reasonable steps to prevent extraction, reuse, or unauthorized access to the Sound Libraries when included in a Composition, including through reasonable technical or contractual safeguards where applicable.

(d) Ownership. All Sound Libraries are licensed, not sold. GGM Media and/or its licensors retain all right, title, and interest in and to the Sound Libraries.

9B. CONTRACTORS, COLLABORATORS, AND WORK-FOR-HIRE EXCEPTION

You may share Compositions that incorporate the Sound Libraries with third-party collaborators, contractors, or service providers (such as mix engineers, mastering engineers, musicians, editors, or post-production professionals) solely for the purpose of creating, editing, or finalizing such Compositions on your behalf, provided that:

(a) such third parties are not granted any ownership interest in the Sound Libraries; (b) such third parties may not extract, reuse, redistribute, or exploit the Sound Libraries outside of the applicable Composition; (c) access to the Sound Libraries is limited to the duration and scope reasonably necessary to perform the contracted services; and (d) you remain fully responsible for any acts or omissions of such third parties that would constitute a breach of this EULA.

This exception does not permit use of the Sound Libraries in any standalone, competitive, or redistributable manner.

9C. CONTENT IDENTIFICATION, WATERMARKING, AND ENFORCEMENT

The Sound Libraries and/or Media may contain inaudible digital watermarks, fingerprints, identifiers, or other content identification technologies designed to identify ownership, detect unauthorized use, or enforce compliance with this EULA.

You acknowledge and agree that GGM Media may use such technologies to: (a) identify unauthorized redistribution or misuse of the Sound Libraries; (b) verify license compliance; and (c) enforce its intellectual property rights.

Such technologies shall not materially degrade audio quality or interfere with authorized use of the Media. Use of the Media constitutes consent to the inclusion and operation of such identification technologies.

10. DISCLAIMER OF WARRANTIES

THE MEDIA IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, GGM MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, GGM MEDIA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS EULA OR THE MEDIA. GGM MEDIA’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE MEDIA.

12. INDEMNITY

You agree to indemnify and hold harmless GGM Media from any claims arising out of your use of the Media, violation of this EULA, or infringement of third-party rights.

13. AVAILABILITY

GGM Media does not guarantee uninterrupted availability of the Media and shall not be liable for any downtime or unavailability.

14. TERMINATION

This EULA is effective until terminated. GGM Media may terminate this EULA immediately if you breach any provision. Upon termination, you must cease all use of the Media and delete all copies.

15. COMPLIANCE WITH LAWS

You are responsible for compliance with all applicable laws related to your use of the Media.

16. GOVERNING LAW

This EULA is governed by the laws of the State of Tennessee. Any legal action shall be brought exclusively in state or federal courts located in Tennessee.

17. HEADINGS

Headings are for convenience only and do not affect interpretation.

18. LIMITATION OF TIME TO FILE CLAIMS

Any claim arising out of this EULA must be brought within one (1) year after the claim accrues.

19. SEVERABILITY

If any provision of this EULA is held unenforceable, the remaining provisions shall remain in effect.

20. CONTACT INFORMATION

GGM Media, Inc. : info@dragonsampler.com