License Agreement Licensing END-USER LICENSE AGREEMENT FOR Sampletank SOFTWARE Please read this document carefully before breaking the seal on the media package. This agreement licenceses the enclosed software to you and contains warranty and liability disclaimers. By breaking the seal on the media envelope, you are confirming to have taken notice of clauses of this agreement and you acknowledge your acceptance of the software as well as your acceptance of the terms of this agreement. If you do not wish to do so, do not break the seal. Instead, promptly return the entire package, including the unopened media package, to the dealer from whom you have obtained it, for a full refund. 1) DEFINITIONS "EULA means this end user license agreement" "Sampletank software" means the software program included in the enclosed package, and all related updates supplied by IK Multimedia Production srl - Italy . "IK Multimedia Product" means the Sampletank software and the related documentation and models and multimedia content (such as animation, sound and graphics) and all related updates supplied by IK Multimedia Production srl - Italy. "Not for resale (NFR) Version" means a version of IK Multimedia Product", so identified, intended for review and evaluation purposes, only. 2) LICENSE The "IK Multimedia Product" is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The "IK Multimedia Product" is licensed, not sold. This EULA grants you the rights as specified here below, All other actions and means of usage are reserved to the written permission of the right holder IK Multimedia Production srl: Applications Software. The "IK Multimedia Product" may be used only by you. You may install and use one copy of the "IK Multimedia Product", or any prior version thereof for the same operating system, on a single computer. Storage/Network use. You may also store or install a copy of the "IK Multimedia Product" on a storage device, such as a network server, used only to install or run the "IK Multimedia Product" on your other computers over an internal network; however, you must acquire and dedicate a distinct license for each user of the "IK Multimedia Product" from the storage device. Any given license for the "IK Multimedia Product" may not be shared or used concurrently or otherwise on different computers or by different developers in a given organization. 3) AUTHORIZATION CODE The "IK Multimedia Product" only functions when you are in the possession of an authorization code. You will receive an authorization code upon completing the authorization code request procedure. Once your authorization code is activated, you may use the product. You agree to follow the authorization code request procedure and will provide true, accurate and complete information about yourself. If you provide any information that is untrue, inaccurate, not correct or incomplete, or IK Multimedia has reasonable grounds to suspect that such information is untrue, inaccurate, not correct or incomplete, IK Multimedia has the right to suspend or to revoke the license. The termination of the license shall be without prejudice to any rights, whatsoever, of IK Multimedia. 4) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the "IK Multimedia Product", except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation of components. The "IK Multimedia Product" is licensed as a single product. Its component parts may not be separated for use on more than one computer. Not for Resale Version. If the "IK Multimedia Product" is labeled "Not for Resale" or "NFR" or "Evaluation Copy", then, notwithstanding other sections of this EULA, you may not sell, or otherwise transfer the "IK Multimedia Product"; Rental. You may not rent, lease, or lend the "IK Multimedia Product" to any party. Software Transfer. You are not allowed to transfer, license or sublicence your rights as Licensee of the Sampletank software or any IK Multimedia product, as licensed to you under this agreement. The carrier on which the IK Multimedia product has been distributed cannot be transferred or otherwise made available to any third party. 5) UPGRADES If the "IK Multimedia Product" is labeled or otherwise identified by IK Multimedia Production srl as an "upgrade", you must be properly licensed to use a product identified by IK Multimedia Production srl as being eligible for the upgrade in order to use the "IK Multimedia Product". An "IK Multimedia Product" labeled or otherwise identified by IK Multimedia Production srl as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for such upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the "IK Multimedia Product" is an upgrade of a component of a package of software programs that you licensed as a single product, the "IK Multimedia Product" may be used and transferred only as part of that single product package and may not be separated for use on more than one computer. 6) DUAL-MEDIA SOFTWARE. You may receive the "IK Multimedia Product" in more than one medium. Regardless of the type or size of the medium you receive, you may use only that one medium that is appropriate for your single computer. You may not use or install the other medium on another computer, including but not limited to portable under the exclusive control of the registered developer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the "IK Multimedia Product" 7) LIMITED WARRANTY IK Multimedia Production srl warrants to the original purchaser of the computer software product, for a period of ninety (90) days following the date of original purchase, that under normal use, the software program and the user documentation are free from defects that will materially interfere with the operation of the program as described in the enclosed user documentation. 8) WARRANTY CLAIMS To make a warranty claim under the above limited warranty, please return the product to the point of purchase, accompanied by proof of purchase, your name, your return address and a statement of the defect, or send the CD to us at the below address within ninety (90) days of purchase. Include a copy of the dated purchase receipt, your name, your return address and a statement of the defect. IK Multimedia Production srl or its authorized dealer will use reasonable commercial efforts to repair or replace the product and return it to you (postage prepaid) or issue to you a credit equal to the purchase price, at its option. 9) LIMITATIONS ON WARRANTY IK Multimedia Production srl warrants only that the program will perform as described in the user documentation. No other advertising, description or representation, whether made by a IK Multimedia Production srl dealer, distributor, agent or employee, shall be binding upon IK Multimedia Production srl or shall change the terms of this warranty. EXCEPT AS STATED ABOVE, IK MULTIMEDIA PRODUCTION SRL MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, REGARDING THIS PRODUCT. IK MULTIMEDIA PRODUCTION SRL DISCLAIMS ANY WARRANTY THAT THE SOFTWARE IS FIT FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY OF MERCHANTABILITY SHALL BE LIMITED TO A NINETY (90) DAY DURATION OF THIS LIMITED EXPRESS WARRANTY AND IS OTHERWISE EXPRESSLY AND SPECIFICALLY DISCLAIMED. IK MULTIMEDIA PRODUCTION SRL SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, EVEN IF IK MULTIMEDIA IS ADVISED OF OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT IK MULTIMEDIA PRODUCTION SRL SHALL NOT BE RESPONSABLE OR LIABLE FOR THE LOST OF PROFITS OR REVENUES, OR FOR DAMAGES OR COSTS AS A RESULT OF LOSS OF TIME, DATA OR USE OF THE SOFTWARE, OR FROM ANY OTHER CAUSE EXCEPT THE ACTUAL COST OF THE PRODUCT. IN NO EVENT SHALL IK MULTIMEDIA PRODUCTION SRL LIABILITY EXCEED THE PURCHASE PRICE OF THIS PRODUCT. GENERAL This Agreement shall be governed by the internal laws of Italy. This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. All questions concerning this Agreement shall be directed to: IK Multimedia Production srl - Via dell'Industria 46 - 41100 Modena - Italy Sampletank is a registered trademark property of IK Multimedia Production srl - Italy tel +39-059-285496 fax +39-059- 2861671 e-mail ikm@ikmultimedia.com © 2001 IK Multimedia Production srl. All rights reserved. -------------------------------------------------------------------------------- IMPORTANT DO NOT USE THIS PRODUCT UNTIL YOU HAVE READ THIS LICENSE AGREEMENT. BY USING THIS PRODUCT (OR AUTHORIZING ANY OTHER PERSON TO DO SO) YOU ACCEPT THIS LICENSE AGREEMENT. LICENSE AGREEMENT 1. License grant. IK Multimedia Production grants to you, subject to the following terms and conditions, a nonexclusive, nontrasferable right to use each authorized copy of the enclosed product. The enclosed product is the property of IK Multimedia Production and is licensed to you only for use as part of musical performance live or recorded. This license expressly forbids resale or other distribution of these Sounds or their derivatives, either as they exist on disc, reformatted for use in another digital sampler, or mixed, combined, filtered, resynthesized or otherwhise edited, for use as sounds, multisounds, samples, multisamples, wavetables, programs or patches in a sampler, microchip or any hardware or software sample playback device. You cannott sell them or give them away for use by others in their sampling or sample playback devices. In the event IK Multimedia Production terminates this Agreement due to a breach on your part, you agree to return the original and all other copies of the software and documentation to IK Multimedia Production. IK Multimedia Production reserves all rights not expressly granted to you. 2. Protection of Software. You agree to take all reasonable steps to protect this product and any accompanying documentation from unauthorized copying or use. You agree not to modify the enclosed product to circumvent any method or means adopted or implemented by IK Multimedia Production to protect against or discourage the unlicensed use or copying of the enclosed product. 3. Ownership. As between you and IK Multimedia Production, ownership of, and title to, the enclosed digitally recorded sounds (including any copies) will be held by IK Multimedia Production. Copies are provided to you only to enable you to exercise your right under the license. Only this license is purchased by you. 4. Term. This Agreement is effective from the date you open this package, and will remain in full force until termination. This Agreement will terminate if you break any of the terms and conditions of this Agreement. Upon termination you agree to destroy and return to IK Multimedia Production all copies of this product and accompanying documentation. 5. Restriction. Except as expressly authorized by this agreement, you may not rent, sell, lease, sublicense, distribute, transfer, copy, reproduce, display, modify or time share the enclosed product and documentation.