- LICENSE GRANT:
1.1 By purchasing or acquiring the product (“Product”) Void & Vista Ltd. (“V&V”) grants you (“Licensee” or “you”) a license on a non-exclusive basis to use the Product as detailed in this agreement (“License”). The License for this Product is granted only to a single user.
1.2 All sounds and samples in this Product are licensed, but not sold, to you by V&V for commercial and non-commercial use in music, sound-effect, audio/video post-production, performance, broadcast or similar finished content-creation and production use. V&V allows Licensee to use any of the sounds and samples in the library(s) you’ve purchased for commercial recordings without paying any additional license fees or providing source attribution to V&V.
1.3 This License expressly prohibits any inclusion of content contained within the Product, into any other virtual instrument or library of any kind, without our express written consent. This License prohibits any redistribution method of this Product, or its sounds, through any means, including but not limited to, re-sampling, mixing, processing, isolating, or embedding into a software or hardware of any kind, for the purpose of re-recording or reproduction as part of any free or commercial library of musical and/or sound effect samples and/or articulations, or any form of musical sample or sound effect sample playback system or device or on a stand alone basis.
1.4 Except if otherwise stated in this EULA, Licensee may, solely through the process described in this clause, resell the Product to a third party (“Third Party Purchaser”) or transfer the Product permanently free of charge, provided the Third Party Purchaser agrees in writing with this EULA and Licensee ceases all use of the Product and completely removes all installed copies of the Product from its computer(s). To transfer or resell the Product Licensee shall send a request via the license transfer section of the Native Instruments website, the serial number of the Product will be transferred by Native Instruments to the third party, and simultaneously the registration of Licensee for the Product purchased will be deleted. Once the transfer has been approved in writing, the Third Party Purchaser shall become a Licensee under this agreement.
- RIGHTS POLICY:
2.1 The Product, including accompanying documentation, is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. V&V retains all copyright and complete ownership of all recorded sounds, instrument programming, documentation and musical performances included in this Product.
2.2 Any rights not specifically granted herein are reserved by V&V. Any unauthorised use, distribution or reproduction of the Product shall not be permitted, and shall constitute a violation of law, which shall entitle V&V to injunctive relief, in addition to any other remedy at law or equity. It is unlawful to deliberately circumvent, alter or delete technological measures of protection and information provided by V&V which identifies the Product, its owner and the terms and conditions for its use. Licensee shall be liable to V&V in regard to any unauthorised use of the Product.
2.3 You shall take all reasonable steps to protect this Product from unauthorised copying or use.
V&V does not offer refunds. All sales are final.
- LIMITED WARRANTY/LIMITATION OF LIABILITY:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, V&V DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF SATISFACTORY QUALITY, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER V&V , ITS SUPPLIERS, DEALERS, DISTRIBUTORS, NOR THE AGENTS OR EMPLOYEES OF THE FOREGOING WILL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES OF ANY SORT, (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF DATA ARISING OUT OF THE USE OF THE PRODUCT) WHETHER OR NOT SAME HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, OR OF ANY CLAIM BY ANY OTHER PARTY.
5.1 The License shall be deemed to start at the time the Product is purchased or acquired by the Licensee. The License will remain in full effect until termination.
5.2 V&V may terminate the License on breach of any terms of this agreement by the Licensee. Upon termination Licensee agrees to destroy all copies and contents of the Product at their own expense. In the event of termination, the following sections of this license will survive: 2, 3, 4 and 7.
- NFR (NOT FOR RESALE)/EDU (EDUCATIONAL) SALES:
NFR Products must not be resold or transferred. NFR Products are exempt from update, upgrade or crossgrade offers.
- BUNDLE AND UPGRADE PURCHASES:
All bundle and upgrade purchases and prices apply only to the product line at the time of purchase. Customers who purchased a bundle or upgraded to the complete product line are not eligible for additional discounts or free products on future product releases unless specifically noted by V&V.
- GENERAL TERMS:
8.1 If any terms of this agreement should become invalid, in full or in part, all other terms shall remain in full force and effect.