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worrying paragraph of the eula

Posted: Thu Feb 15, 2024 11:30 am
by hazenut
Hello, I've just bought Ableton Live and ready to install it in my computer, but I ran into a section of eula that concerns me:

section 16.3 states that
If the termination of this EULA involves Packs, Third-Party Content or other licensed materials (e.g., sound samples, loops, musical phrases, etc.), You may not redistribute or publicly perform, make available to the public, or otherwise commercially exploit music containing these elements after the termination of this EULA without obtaining a separate license from Ableton for such content.

Does that mean, in case that I don't use Live anymore and transfer the license to others, the music I made with Live are not allowed to be monetized or published online? This does not sound right to me. I would not like termination of the license to retroactively affect the pervious licensed use of meterial. If that's the case I might reconsider my purchase decision :?

Re: worrying paragraph of the eula

Posted: Thu Feb 15, 2024 11:48 am
by [jur]
You can use the packs' content in your music, but you can't resell those samples, loops etc as is, like in a sample pack you would have made "yourself".

I agree though the "or otherwise commercially exploit music containing these elements" is confusing. Better off asking Support

Re: worrying paragraph of the eula

Posted: Sun Feb 25, 2024 6:24 pm
by NIELS ON
[jur] wrote:
Thu Feb 15, 2024 11:48 am
You can use the packs' content in your music, but you can't resell those samples, loops etc as is, like in a sample pack you would have made "yourself".

I agree though the "or otherwise commercially exploit music containing these elements" is confusing. Better off asking Support
This isn't about the usual license paragraphs where you are allowed to publish content of a sample pack only if it is part of musical work but not when its "standalone" with the purpose of redistributing those samples in you own sample pack etc.

I think you overlooked the "termination" in the beginning, if the EULA aka End-user license agreement is terminated for any reason (like selling your Live license to someone else), you aren't allowed to publish productions based on those samples anymore, simply becaus you have no license for those contents anymore.
But i think this applies only on works created after the termination of the EULA, otherwise no one who sold music created with Live (while the EULA was still active), could ever sell a Live license.