Cubase Magazine 34/Issue #34.iso/pc/2-SOFTWARE/SAMPLE TANK 1.0/License.txt

Text File | 2001-04-11 | 10.7 KB | 205 lines

License Agreement

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) 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.

4) 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.

5) 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".

6) 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.

7) 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.

8) 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,
EXPRESSED 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.

9) 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 [phone]
fax [phone]

e-mail [e-mail]
⌐ 2001 IK Multimedia Production srl. All rights reserved.



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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.