End-User License Agreement for IK Multimedia Computer Related Software

Click here to read the License Agreement for iOS Apps.

Please read this document carefully before installing the IK Multimedia Production Srl (hereafter: IK Multimedia) software on your computer.

This agreement licenses the enclosed software to you (hereafter: Licensee) and contains warranty and liability disclaimers. By installing the IK Multimedia software on your computer, you are confirming to have taken notice of terms and conditions 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 install the software. Instead, provided you purchased a boxed product, promptly return the entire package, to the dealer from whom you have obtained it, for a full refund. If you purchased a product from the IK Multimedia Online Shop, please contact IK Multimedia at www.ikmultimedia.com/contact-us.

1) DEFINITIONS

“End-User License Agreement” (hereafter: “EULA”), means the contractual conditions between you and IK Multimedia for the use of the “IK Multimedia Product” and means the right to use this non-exclusive license agreement.

“IK Multimedia Product” (hereafter: “Product”) means the software program, the related documentation, models, multimedia content (such as animation, sound and graphics) and all related updates supplied by IK Multimedia.

“Not For Resale” (hereafter: “NFR”) means a version of the Product, so identified, intended for review and evaluation purposes only.

“Intellectual Property Rights” means worldwide common law and statutory rights associated with (i) patents and patent applications; (ii) works of authorship, including copyrights, copyright applications, copyright registrations and “moral” rights; (iii) the protection of trade and industrial secrets and confidential information; (iv) other proprietary rights relating to intangible intellectual property (specifically excluding trademarks, trade names and service marks); (v) analogous rights to those set forth above; and (vi) divisions, continuations, renewals, reissuances and extensions of the foregoing (as applicable) now existing or hereafter filed, issued or acquired.

2) LICENSE

The Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Product is licensed only. The intellectual property of the Product remains at IK Multimedia.

This EULA grants you the non-exclusive right to use the Product for a maximum period of 30 (thirty) years. All other actions and means of usage are reserved to the written permission of the right holder IK Multimedia.

The Product is only for your personal (individual) use.

You may install and use the Product, or any prior version thereof for the same operating system, on up to three (3) computers, provided that (a) each computer is owned by (or leased to) and under the exclusive control of the Licensee; (b) the Product shall NOT be used simultaneously on more than one machine, and (c) any computer(s) with the Product installed shall not be sold, rented, leased, loaned or otherwise be removed from the Licensee’s possession without first removing (uninstalling) the Product, except as provided in Paragraph 4.5 (below) pertaining to “Software Transfer”.

You may also store or install a copy of the Product on a storage device, such as a network server, used only to install or run the Product on your other computers over an internal network; however, you must acquire and dedicate a distinct license for each user of the Product from the storage device.

Any given license for the Product may not be shared or used concurrently or otherwise on different computers or by different users in a given organization.

3) AUTHORIZATION

The Product only functions upon completing the registration and authorization procedure described in the accompanying user documentation.

The registration and authorization procedure requires to create a user account on the IK Multimedia website and to provide the requested information about yourself, in accordance with IK Multimedia privacy policy (www.ikmultimedia.com/privacy).

If you provide any information that is not correct or incomplete, or IK Multimedia has reasonable grounds to suspect that such information is 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 other rights, whatsoever, of IK Multimedia.

Once the Product is registered it is associated with your user account and it can not be returned or transferred to any third party without obtaining the prior written consent of IK Multimedia.

4) DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

 

4.1 Limitations on Reverse Engineering, Decompilation, and Disassembly

The Product is licensed as a single product. Its component parts may not be separated for use on more than one computer.

You may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that such activity is expressly permitted by applicable law.

 

4.2 Sound License Agreement

In case a sound library is part of the Product, it is subject to the following terms in addition to the EULA:

All sounds and samples in the Product are licensed to you for commercial and non-commercial use in music and audio production, public performance, broadcast or similar use.

Re-distribution of this Product, its sounds or their derivatives, through any means, including but not limited to, re-sampling, mixing, filtering, processing, isolating, or embedding into software or hardware of any kind, is strictly prohibited.

Furthermore all these sound and samples may not be repackaged in whole or in part as audio samples, sound libraries, sound effects or on a stand alone basis.

 

4.3 Not For Resale

If the Product is labeled “NFR” or “Evaluation Copy”, then, notwithstanding other sections of this EULA, you may not sell, or otherwise transfer the Product.

 

4.4 Rental

You may not rent, lease, or lend the Product to any party.

 

4.5 Software Transfer

You may not transfer, license or sublicense your rights as Licensee of the Product, as licensed to you under this agreement without prior written consent of IK Multimedia.

The Product may be transferred or otherwise made available to any third party only with the prior written consent of IK Multimedia and provided that (a) the original media and license(s) accompany the Product and (b) the party transferring the Product does not retain a copy of the Product.

In addition the following may apply:

a) If the Product is part of a bundle of software, the whole bundle must be resold / transferred as a whole. Any individual Product in a software-only bundle cannot be resold / transferred separately.

b) If the Product is part of a bundle of IK Multimedia software and hardware, only the hardware can be resold / transferred. Any bundled software Product is considered NFR.

 

4.6 Third Party Rights

Some content included in the Product may belong to third parties and could be protected by copyright or other intellectual property laws.

5) UPGRADES

If the Product is labeled or otherwise identified by IK Multimedia as an “upgrade” or “crossgrade”, you must be properly licensed to use a product identified by IK Multimedia as being eligible for the upgrade or crossgrade in order to use the Product.

A Product labeled or otherwise identified by IK Multimedia 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 Product is an upgrade of a component of a bundle of software programs, it may be used and transferred only as part of the bundle and may not be separated for use on more than one computer.

6) DUAL-MEDIA SOFTWARE

You may receive the Product in more than one medium. 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 Product.

7) LIMITED WARRANTY

IK Multimedia warrants to the original purchaser of the 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.

In any case the concerning law is reserved, if applicable.

8) WARRANTY CLAIMS

To make a warranty claim under the above limited warranty, please contact IK Multimedia at the address www.ikmultimedia.com/contact-us.

IK Multimedia or its authorized dealer will use reasonable commercial efforts to repair or replace the product and return it to you or issue to you a credit equal to the purchase price, at its option.

9) LIMITATIONS ON WARRANTY

IK Multimedia warrants only that the Product will perform as described in the user documentation. No other advertising, description or representation, whether made by a IK Multimedia dealer, distributor, agent or employee, shall be binding upon IK Multimedia or shall change the terms of this warranty.

EXCEPT AS STATED ABOVE, IK MULTIMEDIA MAKES NO OTHER WARRANTY, EXPRESSED OR IMPLIED, REGARDING THIS PRODUCT. IK MULTIMEDIA 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 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 SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE LOSS 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 LIABILITY EXCEED THE PURCHASE PRICE OF THIS PRODUCT.

10) GOVERNING LAW, DISPUTES RESOLUTION

This Agreement shall be governed by and construed and interpreted in accordance with the laws of Italy. Any dispute, controversy or claim arising under, out of, or relating to this EULA, including, without limitation, its formation, content, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be subject to the Court of Milano (Italy), having the complete and exclusive jurisdiction.

11) GENERAL

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.

If any stipulations of this EULA become invalid, completely or in part, this not affect the validity of the remaining stipulations.

All questions concerning this Agreement shall be directed to:

 

IK Multimedia Production Srl
Via dell’Industria 46
41122 Modena
Italy

 

Last update December 16th, 2019

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