License agreements such as the VSL Terms of License are designed to (a) grant a license to use the samples to make music, and (b) guard against someone using the samples to create a competing product.
As composers, we typically use them to compose music (permitted), not to create a competing product (not permitted).
I conclude that the licensing agreement does not prohibit me from making a resample that I then use in making music. It would, though, prohibit me from using a resample to create a competing product.
The now-withdrawn NPPE 5.0 enables me to make a resample of, say, VSL samples for use in giving sound to a notated composition in a notation program such as Dorico. Though I don’t intend to use NPPE 5.0 going forward (it’s not for me), I believe I am free to do so so long as I use it for the recording or development of a musical performance (live or recorded).
Here’s how I reach this conclusion:
I start at Section IX. License:
Unless expressly permitted by the License Agreement of VSL Product it is strictly forbidden for Licensee to…(g) mix, combine, filter, re-synthesize, or otherwise edit the data (sounds and samples), either as provided by VSL or reformatted for use as sounds, multisounds, samples, multisamples, wavetables, soundsets, programs or patches in a sampler, microchip, computer, software, game console or any sample playback device or software or in other sound programs.
If “(g)” is read by itself, as a composer I could not use the samples because, for example, I could not combine them with each other or other libraries, mix them, etc., to make music. It would be a useless and illusory license that I’ve purchased.
Fortunately, the grant of license clause gives us the express permission we’re looking for to render that “(g)” language not applicable to me, as a composer licensee:
…Licensee only acquires the License for the use of the contents and programs contained in and/or connected with the VSL products exclusively for the purpose of the recording and/or development of a musical performance be it for a recording (i.e. for sound carriers) or be it for a live performance using such recorded samples and/or Software.
I’m glad I read the VSL Terms of License, as I’m strongly considering purchasing one of the libraries and probably should read the license agreement before spending that kind of money, right?
Disclosure: I am an attorney licensed by the State Bar of California, on inactive status (and happily so, as I get to write music) so not eligible to practice law. Even if I were eligible, this is a general discussion about a legal topic. Nothing herein is legal advice, nor is an attorney-client relationship created hereby. For important legal questions, always consult with an attorney who is competent in the subject matter of the legal issue.