End-User Licence Agreement
READ THE FOLLOWING LICENCE AGREEMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE. BY CLICKING ON THE "ACCEPT" BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE "DO NOT ACCEPT" BUTTON OR LEAVE THE WEBSITE.
"We", "Our" and "Us" means Beyron Audio.
"You" and "Your" means the person or entity who is being licenced to use the Licenced Software.
"Agreement" means this Software Licence Agreement between Us and You;
"Licenced Materials" means the Licenced Software and the Licenced Library;
"Licenced Software" means certain commercial software products being provided to You under this Agreement, including executable program modules thereof, as well as related documentation, and computer readable media;
"Sub-Licenced Software" means certain third party owned software components being provided under this Agreement that are required to properly enable or operate the Licenced Software; and
"Licenced Library" means any audio waveforms, such as melodies, music, instrument recordings, or other audible information, provided by Us for use with the Licenced Software.
2. Software Licence, SamplePack Licence, Rights and Restrictions
Subject to the provisions contained in this Agreement, We hereby grant to You a personal, revocable, non-exclusive licence (the "Licence") to access, read, use and download one copy of the Licenced Materials solely for the purposes. This is not a transfer of title.
Under the Licence you may not and shall not, without Our express written authorization:
1. own title, or transfer title to the Licenced Materials to another party;
2. transfer the Licence;
3. remove any copyright or other proprietary notations from the Licenced Materials;
4. distribute, or sublicense or otherwise provide copies of or access to the Licenced Materials to any third party;
5. pledge, hypothecate, alienate or otherwise encumber the Licenced Materials to any third party;
6. create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sublicense, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Licenced Materials;
7. permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of Us or Our licensors;
8. circumvent, remove, alter or otherwise impair any technological protection measures, digital rights management information, or other copy-protection mechanisms used in or by the Licenced Materials; or
9. include, use, re-sample, mix, process, isolate or embed any content from the Licenced Library in any virtual instrument, audio sampling system, audio playback system or library of any kind, other than those provided or authorized by Us.
10. commercially use any compositions, melodies, melody-loops, and vocal-samples or parts here of from any Beyron Audio SamplePacks. All rights on melodies, musical compositions, vocals, and melody-loops included in Beyron Audio SamplePacks are owned by Us and are reserved.
3. We are not obligated to provide any authorization. We reserve the right to charge a fee for the grant of such authorization, and We may cancel such authorization at Our sole and unfettered discretion by providing notice to You of such cancellation.
4. The restrictions set out in this Agreement, shall not apply to the limited extent the restrictions are prohibited by applicable law.
5. We will have the right to inspect and enforce the restrictions and covenants contained in this Agreement at Your sole expense, and You hereby agree to promptly notify Us of any known violations of such restrictions.
6. You agree to protect the Licenced Materials from unauthorized use, reproduction, distribution or publication in electronic or physical form.
7. Upon execution of this Agreement, We will:
1. permit You to download a copy of the Licenced Materials for Your use under this Agreement; and
2. permit You to download updates to the Licenced Software as We consider needed. We are not obligated to provide updates for the Licenced Software.
3. Usage Conditions
You are authorized to use the Licenced Materials only for personal use.
You may not rent out to others equipment on which the Licenced Software is installed or by which the Licenced Library is accessible without obtaining a written rental licence from Us that expressly authorizes such use. We reserve the right to charge a fee for a rental licence.
You may install the Licenced Software on as many devices as required for Your personal use provided such devices are used only by You.
4. Ownership and Intellectual Property Rights
All copyright in the Licenced Software, including any documentation, media, packaging and illustrations, but excluding the Sublicenced Software, is owned by Us. You do not acquire title to any copyright in the Licenced Materials or Sublicenced Software under this Agreement.
Certain logos, product names and trade-marks owned by Us or by third parties may be contained within the Licenced Materials or in documentation, media, packaging and illustrations relating to the Licensed Software. You do not acquire title to any such logos, product names or trade-marks under this Agreement.
This Agreement is effective until terminated by Us, with or without cause, in Our sole and unfettered discretion. We may terminate this Agreement without notice to You if You fail to comply with any of its terms. Any such termination by Us shall be in addition to and without prejudice to such rights and remedies as may be available to Us, including injunction and other equitable remedies.
The disclaimers, limitations on liability, ownership, termination, interpretation, Your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.
This Agreement will automatically terminate if You violate or assist in the violation of any of the restrictions.
On the termination of this Agreement, you must destroy any copies of the Licenced Materials in your possession whether in electronic or printed format.
You agree to indemnify, defend and hold Us and Our partners, lawyers, staff, affiliates, successors and assigns (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable legal fees, related to Your violation of this Agreement or use of the Licenced Materials.
7. Disclaimer and Limitation of Liability
THE LICENCED MATERIALS ARE PROVIDED "AS IS", "AS AVAILABLE" AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE LICENCED MATERIALS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY OF THE MATERIALS. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND THE AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE LICENCED MATERIALS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
All responsibility or liability for any damages caused by the Licenced Materials, including, without limitation, damages caused by computer viruses or other malicious code contained within the Licenced Software is disclaimed.