Dies ist die offizielle Ueberschall Lizenz Vereinbarung zu den Nutzungsrechten unserer Samples und unserer Software.
LICENSE AGREEMENT LIQUID INSTRUMENT SERIES (LIS) and ELASTIK INSTRUMENT SERIES (EIS)
1 SOFTWARE LICENSE AGREEMENT
This License Agreement accompanies an UEBERSCHALL computer software program and sounds and its documentation and other related explanatory materials (collectively, the "Software"). In addition to the program and the documentation, the term "Software" shall also include any upgrades, modified versions or updates of the Software licensed to you by UEBERSCHALL.
ALL USE OF THIS SOFTWARE IS SUBJECT TO THIS LICENSE AGREEMENT. BY CLICKING ON THE 'ACCEPT'-BUTTON BELOW, YOU ARE AGREEING TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE 'DECLINE'-BUTTON AND YOU WILL NOT HAVE ANY LICENSE TO ANY PART OF THE SOFTWARE. UEBERSCHALL'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS ARE CONSIDERED AN OFFER BY UEBERSCHALL, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
1.1 LICENSE AND RESTRICTIONS:
Subject to the terms and conditions of this Agreement, UEBERSCHALL hereby grants you a non-exclusive license to use the computer software program in machine executable object code only, and only in accordance with the applicable end user and technical documentation provided by UEBERSCHALL. All rights not expressly granted herein are reserved.
YOU MAY:
a) use the Software on one computer only at a time.
b) make backup copies of the Software (but not the manuals or other material in the package) solely for archival purposes. All copies of the Software authorized under this Agreement shall reproduce and display fully all UEBERSCHALL copyright notices and other proprietary legends.
YOU MAY NOT:
c) copy or use the Software except as specified in this Agreement.
d) modify, reverse-engineer, disassemble, decompile, translate or reduce the Software to a human perceivable form.
e) sub-license, resell for profit, lend, rent, lease or otherwise distribute the Software or any portion of the Software.
f) remove, obscure, or alter any notice of the UEBERSCHALL copyright or other proprietary legends on the Software.
g) transfer the Software to another person or entity, except that, after written notification to UEBERSCHALL, you may transfer all of the Software, including this Agreement, to another party who agrees to abide by the terms and conditions of this Agreement.
This License does not specifically entitle you to any updates, enhancements, or improvements to the Software. UEBERSCHALL may release these at times, and from time to time, at its sole discretion.
1.2 WARRANTY
The Software is provided "AS IS" and any use of the Software is at your own risk. To the maximum extent permitted by applicable law, UEBERSCHALL and its suppliers disclaim all warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and noninfringement. UEBERSCHALL and its licensors and suppliers do not and cannot warrant the performance or results you may obtain by using the Software.
1.3 LIABILITY
To the maximum extent permitted by applicable law, in no event shall UEBERSCHALL or its suppliers be liable for any special, incidental, indirect or consequential damages whatsoever (including, without limitation, damages for loss of profits, business interruption, corruption of files, loss of business information or any other pecuniary loss) regardless of cause or form of action, including contract, tort or negligence, arising out of the use of or inability to use the Software, even if UEBERSCHALL has been advised of the possibility of such damages. The user agrees that this Software is not qualified to work properly in any kind of secure-sensitive application.
1.4 TERM AND TERMINATION
The term of this Agreement is perpetual unless otherwise terminated. Both the Agreement and your right to use the Software terminate automatically if you violate any material part of this Agreement. In the event of termination, you must immediately destroy all copies of the Software or return them to UEBERSCHALL.
2 SOUND LIBRARY LICENSE AGREEMENT
The Sound Library and the Software of this product remain the property of UEBERSCHALL (Licensor) and are licensed, not sold, to you for use on your sampling and harddisc-recording equipment. The right to use enclosed samples, loops, sounds and software is granted to the original end-user of the product (Licensee) and is NOT transferable. UEBERSCHALL reserves any other rights not expressly granted to you. The Licensor will not be responsible if the contents of this disc does not fit the particular purpose of the Licensee. The sounds provided are licensed "AS IS" without warranties of any kind. Neither the producer, nor UEBERSCHALL, nor any distributor of UEBERSCHALL products can be held responsible for any direct or indirect or consequential loss arising from the use of this product in whatever form.
YOU MAY:
a) use the content in any type of music production, for example: making records, remixes, commercials, jingles, commissioned pieces, soundtracks for film, theatre, musicals, computer games and multimedia, including music or sounds that will be licensed or sold as Library Music.
b) modify the sounds.
YOU MAY NOT:
c) use samples, loops, or sounds of the content solely on their own (in isolation) as music, or background noise, or sound effects. Every sample, loop, or sound has to always be combined with another sample, loop, or sound (NOTE: This does not count for products such as "Scoretrax", for more information please ask).
d) use construction-kit-mix tracks, demo tracks, or demo songs, or any sample, loop, or sound which is a full orchestrated, ready-to-use mix for your musical production without combining them with another sample, loop, or sound. These rules result out of the requirement that at least a minimum of creativity has to be incorporated into a musical production before you gain the right to commercially exploit it. (NOTE: This does not count for products such as "Scoretrax", for more information please ask)
e) lend, rent, copy, duplicate, trade,or resell this product or its contents (also modified contents). This is strictly prohibited.
f) upload or download this product, or any of the sounds on it, to any database, BBS or server. In effect, any such action is piracy, is therefore illegal, and will be prosecuted to the fullest extent of the law. We will show no mercy with pirates when caught.
g) sell the product second hand or use any sample, loop, or sound from second hand products legally in your musical production.
h) offer samples, loops, or sounds from the content to a number of clients in a commercial studio unless you have a Multi User Licence. Contact us at www.ueberschall.com for more information on this.
i) Any melody, chorus line or melody fragment from "The Voice" and "Adlibs" could have unintentional similarities to material which already exists and is protected by copyright. Ueberschall hereby expressly warns you that the use of "The Voice" volumes 1 & 2 and "Adlibs" in any form of publication (non-private use) could violate copyright laws if the melodies or fragments thereof from "The Voice" are used in new combinations or arrangements which deviate from the original Loop. Ueberschall is not responsible for any copyright violations resulting from such use.
j) making music or sounds that will be licensed or sold as Sound Clips, or other Sampling products.
2.1 CONTROLLING LAW AND SEVERABILITY
This License shall be governed by and construed in accordance with the laws of the Federal Republic of Germany. If for any reasons a court of competent jurisdiction finds any provision of this license, or portions thereof, to be unenforceable, that provision of the license shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.
2.2 OWNER OF THE COPYRIGHT
UEBERSCHALL sample service GmbH
