End User License Agreement
The following information represents the contractual conditions for the use of software / sample packs / preset packs / sounds manufactured by Sonic Academy Limited (hereinafter called Sonic Academy) by you, the final user (hereinafter called Licensee).
By installing our software / sample packs / preset packs / sounds on your computer, you are declaring yourself to agree with the contractual conditions, so please read the following text carefully.
If you do not agree with these conditions, you must not install the software. In this event, please delete the product from your computer and notify us at email@example.com. The price you paid will be refunded in full.
1. Updates / Upgrades
If you are the owner of Sonic Academy software products, which qualify you to update or to upgrade to the product licensed by this Agreement, the qualifying licences of your software products will expire by accepting the following contractual conditions. You are no longer allowed to sell or to transfer the qualifying licenses separately. Any qualifying product can be used once only to contract an update or an upgrade offer.
2. Products including Software
Products including software are only allowed to be resold / transferred combined under the terms of this Agreement.
3. NFR (Not For Resale) products
Notwithstanding other sections of this License Agreement, any products by Sonic Academy, labelled or otherwise provided to you as a NFR (Not For Resale) copy, may only be used for demonstration, testing and evaluation purposes and may neither be resold or transferred, nor used as a product which qualifies you to update or upgrade offers.
4. EDU (Educational) products
Notwithstanding other sections of this License Agreement, any products by Sonic Academy, labelled or otherwise provided to you as a EDU (Educational) version, may only be used by eligible educational end users (students, faculty, staff and administration attending and / or working at an educational institutional facility: private / public schools, colleges, universities etc.). EDU versions are not allowed to be resold or transferred and can not be used for commercial purposes.
5. Download Sales
Download sales are final. Sonic Academy does not issue product refunds once a download transaction has begun or cancel any contract for services connected to a download purchase once a download is initiated. None of the products of Sonic Academy are resalable when sold as downloads.
6. Third Party Content
Intellectual property rights / titles in and to some of the content included in Sonic Academy software products belong to third parties. Such content may be protected by copyright / other intellectual property laws and treaties and may be subject to terms of the respecting third party providing such content. Neither the Sonic Academy Software Licensing Agreement, nor the Sonic Academy Sound License Agreement governs your rights to use such products but the license Agreement of the respective third party.
7. Third Party Software
Intellectual property rights / titles in and to some of the software included or used in Sonic Academy software products belong to third parties. Such software may be protected by copyright / other intellectual property laws and treaties and may be subject to terms of the respecting third party providing such software. Neither the following Sonic Academy Software Licensing Agreement, nor the following Sonic Academy Sound License Agreement does govern your rights to use such software but the License Agreements of third parties.
II. Sonic Academy SOFTWARE LICENSING AGREEMENT
1. Object of the Contract
The object of the contract consists of the computer programs supplied to you, the relevant usage instructions and program descriptions. These are described hereinafter as "Licensed Software".
2. Registration / Activation
It is required that you register on the Sonic Academy website in order to use this product. If you have purchased a license key for full activation this will be made available to you via the "My Account" page in your account profile. The license key will be required to activate the product. If this is the full version of the software, an installer is available within this package that will activate your product.
3. Scope of Use
Sonic Academy grants the Licensee the non-exclusive right to use the Licensed Software on one single computer only (i.e. one CPU) at one single place. If this single computer is connected to a multi-user system, this License shall apply to all users of the system.
The Licensee may personally use the Licensed Software temporarily on one other computer, under the condition that the Licensed Software is normally used regularly on one particular computer. Use above and beyond these limits is not permissible
The proper use of the Licensed Software according to the terms of this Agreement is condition for Licensee's right to use it.
The Licensee is authorised, to transfer / sell the Licensed Software (for download sales see restrictions as described above) once to a third party, if this third party declares to Sonic Academy to be in Agreement with the contractual conditions of this Agreement, the Licensee cancels his registration towards Sonic Academy and erases all copies of the Licensed Software prior to its delivery to the third party. The Licensee is not entitled to grant any other third party rights of user ship over the Licensed Software. A fee may be due with regards to the transfer of the license key between users, please contact firstname.lastname@example.org for full details.
The Licensee must not, except as otherwise expressly provided herein, copy or have copied, decompile or have decompiled, reverse engineer or have reverse engineered the Licensed Software or parts of it.
4. Exclusivity of Licensed Software
The Licensee is to use the Licensed Software he receives from Sonic Academy, all copies thereof, and all pertinent documentation exclusively for his own purposes, and must keep it separate from third parties.
He must ensure that no third party or any of his own employees, unless authorised, will have access to the Licensed Software, may copy part or all of the Licensed Software, or be given any opportunity to do so. The Licensee bears legal liability towards Sonic Academy for any loss or damage – including any subsequent losses incurred by Sonic Academy – resulting from the Licensee not keeping the programs for exclusive use, or not doing so with sufficient assiduity.
Occasional use by a third party is only permissible if this is absolutely essential for the Licensee's use. Renting or lending out the Licensed Software is expressly forbidden.
5. Guarantee and Legal Liability
Sonic Academy and the Licensee are aware that functional defects in the Licensed Software can not be totally ruled out. The unrestricted functionality of the Licensed Software and / or the rectification of all faults therefore can not be totally guaranteed.
Sonic Academy' legal liability for programming errors in the Licensed Software, including later up-dates provided for under this contract, is therefore restricted to any case of Sonic Academy acting with intent or gross negligence.
Having stated this, Sonic Academy takes on the guarantee towards the Licensee that, at the point in time when the contract is concluded, the Licensed Software will prove to be free of all material and technical defects under normal operating conditions. Should the software prove defective, the Licensee can demand its replacement during a period of 12 (twelve) months from receipt of the Licensed Software. In this instance the Licensee must notify email@example.com.
Sonic Academy undertakes, for a period of 12 (twelve) months from the conclusion of this contract, to undertake everything that is necessary to ensure the functionality of the Licensed Software in compliance with the specifications and the program description. The provision for this guarantee is that the Licensed Software is operated in the configuration provided for, and under appropriate operating conditions. Sonic Academy does not guarantee uninterrupted and faultless operation.
All guarantee claims on behalf of the Licensee become invalid if he tampers with the Licensed Software, or modifies them in any way whatsoever, regardless of the extent of such modifications. The translation of the Licensed Software into any other program language is also to be regarded as a modification.
Where Sonic Academy is answerable for a defect of the Licensed Software, the Licensee's right shall be confined to subsequent performance. At Sonic Academy election such subsequent performance shall either consist of rectifying the defect or delivery of a substitute item. In the event that subsequent performance fails, the Licensee shall be reserved the right either to reduce the purchase price or withdraw from the contract. Subsequent performance shall be deemed to have failed if Sonic Academy is unwilling or unable to rectify the defect / make substitute delivery or if rectification / substitute delivery is delayed beyond adequate time limits for reasons which Sonic Academy is answerable for or if attempts at rectification have failed twice. More extensive claims, no matter on which legal reason, shall be excluded.
In the instances when, within the context of the guarantee, the scope of the Licensed Software would have to be changed, in particular if more memory capacity is needed for the program, the Licensee can make no claims of any kind against Sonic Academy.
The Licensee has no rights over and above the aforementioned. Sonic Academy bears no liability for any loss or damage to the Licensed Software, or to other programs being used, for the loss of working results, turnover, or profit, or for direct or indirect loss or damage suffered by the Licensee or any third party, unless such loss or damage has been caused by Sonic Academy acting with intent or gross negligence. Sonic Academy in particular provides no guarantee that the Licensed Software meets the Licensee's requirements and purposes, or can work in conjunction with other programs he may have selected. The responsibility for the correct selection and for the use of the Licensed Software, and for the results aimed for or achieved, is borne by the Licensee.
6. Concluding Stipulations
The laws of Northern Ireland govern this Agreement. Your use of the product may also be subject to other laws.
If any stipulation of this License contract should be or become invalid, either completely or in part, this shall not affect the validity of the remaining stipulations. The parties undertake instead to replace the invalid stipulation with a valid regulation which comes as close as possible to the purpose originally intended.
The place of jurisdiction is Belfast, Northern Ireland, as far as legally allowed.
Should you have any queries concerning this License Agreement, please contact in writing:
Sonic Academy Limited Legal Department 5 Downshire Park Bangor Co. Down BT20 3Tp
III. Sonic Academy SOUND LICENSE AGREEMENT
Please read the following sound license Agreement carefully. When installing the sound library on your computer system, you are legally bound to the following License Agreement terms.
Sonic Academy Sound License Agreement
This License Agreement is an Agreement between you and Sonic Academy. It governs your use of the sound library / sound libraries incorporated in the product supplied to you by Sonic Academy. By downloading, installing or otherwise using the samples, ensembles, instruments, presets or any other included content, you agree to be legally bound by the terms of this License Agreement.
The provided samples, instruments and presets can be used for commercial or non-commercial music and audio productions without the prior permission from Sonic Academy under the terms of this Agreement. The usage of this product (in particular samples, instruments and presets) for the creation of a sound library or as a sound library for any kind of synthesizer, virtual instrument, sample library, sample-based product or other musical instrument is strictly prohibited. Individual samples, sound sets or audio loops may not be distributed (commercially or otherwise) standalone. Furthermore these samples, sound sets or audio may not be repackaged in whole or in part as audio samples, sound libraries or sound effects.
With the purchase of this sound library you have acquired a single license. You may make one copy of this for backup purposes only. Any other use in whole or in parts (giving, trading, lending, renting, re-issuing, re-distribution or re-sale of this product or any of the contained samples) is expressly prohibited, without the prior written permission of Sonic Academy.
This license will terminate automatically without notice by Sonic Academy if you fail to comply with any provision of this license. Upon termination you shall destroy all copies of the samples, ensembles, instruments, presets or other contents of the sound library / sound libraries.
In case this product contains third party’s sounds or third party’s sound libraries which are not subject to other terms as mentioned in section I No. 6 of this Agreement, such sounds or libraries shall be protected by the afore mentioned terms.