- This Agreement governs the relationship between a user or Business Entity, (hereinafter: Licensee) and Wavesfactory, a duly registered company in whose principal place of business is C/ Llorenç Villalonga, 10, 2A. 07570 Arta (Spain) (hereinafter: Licensor). This Agreement sets the terms, rights, restrictions and obligations on using products (hereinafter: The Software) created and owned by Licensor, as detailed herein. This Agreement is effective from the moment that any product is installed by any means and will remain in full effect until termination.
- Intellectual Property: Licensor hereby warrants that The Software does not violate or infringe any 3rd party claims in regards to intellectual property, patents and/or trademarks and that to the best of its knowledge no legal action has been taken against it for any infringement or violation of any 3rd party intellectual property rights.
- No-Warranty: The Software is provided without any warranty; Licensor hereby disclaims any warranty that The Software shall be error free, without defects or code which may cause damage to Licensee’s computers or to Licensee, and that Software shall be functional. Licensee shall be solely liable to any damage, defect or loss incurred as a result of operating software and undertake the risks contained in running The Software on License’s Server[s] and Website[s].
- Prior Inspection: Licensee hereby states that he inspected The Software thoroughly and found it satisfactory and adequate to his needs, that it does not interfere with his regular operation and that it does meet the standards and scope of his computer systems and architecture. Licensee found that The Software interacts with his development, website and server environment and that it does not infringe any of End User License Agreement of any software Licensee may use in performing his services. Licensee hereby waives any claims regarding The Software’s incompatibility, performance, results and features, and warrants that he inspected the The Software.
To the extent permitted under Law, The Software is provided under an AS-IS basis. Licensor shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by Licensee as a result of Software’s actions, failure, bugs and/or any other interaction between The Software and Licensee’s end-equipment, computers, other software or any 3rd party, end-equipment, computer or services. Moreover, Licensor shall never be liable for any defect in source code written by Licensee when relying on The Software or using The Software’s source code.
Licensor hereby grants Licensee a Personal, Non-assignable & non-transferable, Perpetual, Without the rights to create derivative works, Non-exclusive license, all with accordance with the terms set forth and other legal restrictions set forth in 3rd party software used while running Software.This license expressly forbids any unauthorised inclusion of content contained within the library into any other sample instrument or library of any kind without our prior express written consent.This library also forbids any re-distribution method of this product, or its sounds, through any means, including but not limited to re-sampling, mixing, processing, isolating or embedding into 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.
- Non Assignable & Non-Transferable: Licensee may not assign or transfer his rights and duties under this license.
- Commercial, Royalty Free: Licensee may use Software for any purpose, including paid-services, without any royalties, including commercial projects. Licensee may not use the library in order to make another products or libraries.
- With support & maintenance: Licensor shall provide Licensee support and maintenance.
- Term & Termination: The Term of this license shall be until terminated. Licensor may terminate this Agreement, including Licensee’s license if he finds it necessary.
Wavesfactory retains full copyright privileges and complete ownership of all recorded sounds, instrument programming, documentation, source code, binaries or anything that the product contains.
Licensee warrants that he inspected The Software and that it is adequate to his needs. Accordingly, as The Software is intangible goods, Licensee shall not be, ever, entitled to any refund, rebate, compensation or restitution for any reason whatsoever, even if The Software contains material flaws.
Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit brought against it in regards to Licensee’s use of The Software in means that violate, breach or otherwise circumvent this license, Licensor’s intellectual property rights or Licensor’s title in The Software. Licensor shall promptly notify Licensee in case of such legal action and request Licensee’s consent prior to any settlement in relation to such lawsuit or claim.
Governing Law, Jurisdiction:
Licensee hereby agrees not to initiate class-action lawsuits against Licensor in relation to this license and to compensate Licensor for any legal fees, cost or attorney fees should any claim brought by Licensee against Licensor be denied, in part or in full.