- INTRODUCTION: This End User License Agreement (“EULA”) represents a legal contract between you and Poetic Devices. By downloading and installing any Poetic Devices Product, you are acknowledging your agreement to the terms and conditions presented within this EULA. If you do not agree to the following terms and conditions, you must remove all Poetic Devices products from any data storage devices on which you have installed it.
- CONSENT: When you click the “accept” button, when you install or use our software, you are consenting to be bound by, and are becoming a party to this agreement. If you do not agree to (or cannot comply with) all of the terms of this agreement, you will not be authorized to use or have any license to any part of the software. Additionally, you are representing to owner that you are of legal age to enter into this agreement and will fully comply with its terms.
- SOFTWARE LICENSE: This Software is intended only for your personal use, in the development of audio sound, spoken work, music cues, arrangements, mockups, and general composition, and for use in audiovisual works. You are not permitted to sell, sublicense, share, or transfer rights to the Software to any third party.
Owner retains all right, title and interest in and to the Software including all intellectual property rights embodied therein and derivatives thereof. As between you and Owner, the Software and accompanying Audio Samples, Graphics, Name, Logo, Trademarks, Scripting and Features are and remain the exclusive property of Owner, and are licensed, not sold, to you for use in your hardware and software only as provided in this Agreement. All rights not expressly granted are reserved exclusively by Owner.
A library of audio samples (the “Samples”) are one element of the Software. These Samples are provided for your use only with the Software, for use as musical instruments and sound design elements, and as tools for integration into, or use in development of musical compositions. Samples are not to be resold, sublicensed, or otherwise distributed, except as expressly provided herein.
There is no special permission needed to embed Poetic Devices sound samples into your commercial recordings, music, sound design, post production, or other creative content. However, this license expressly forbids the use of any Poetic Devices library in the production of any other sample library or virtual instrument without our express written consent.
You are NOT allowed to:
- Upload or distribute any Poetic Devices product or the containing audio samples to any server or torrent site.
- Use any Poetic Devices products’ audio samples or patches to create other sample libraries.
- INDEMNITY: You agree that Owner shall have no liability whatsoever for any use you make of the Software. You shall indemnify and hold harmless Owner from any third party claims, damages, liabilities, costs and fees (including reasonable attorney fees) arising from your use of the Software as well as from your failure to comply with any term of this Agreement.
- WARRANTY: The software is provided “as is” without warranties of any kind. to the maximum extent permitted by law, owner expressly disclaims all warranties, including without limitation, warranties of continuous performance, non-infringement, and any implied warranties of merchantability and fitness for a particular purpose. The disclaimer of all warranties constitutes an essential and material part of this agreement the entire risk arising out of the use or performance of the software rests with you. In no event will owner, its officers, directors, agents, and/or employees, be liable for any consequential, incidental, indirect, special, or punitive damages whatsoever (including, without limitation, damages for loss of profits, opportunities, or other pecuniary loss) arising out of this agreement or the use of or inability to use the software even if owner has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
- LIMITATION OF LIABILITY: Under no circumstances will Owner’s liability hereunder exceed the price paid for the Software.
- COPYRIGHT: All rights not expressly granted to User are reserved. The Products are licensed, not sold, to you to be used for (or, in the case of Sound Files, reproduced within) only your own original musical compositions and productions. All copying, lending, duplicating, re-selling or trading of any Product or other Content is strictly prohibited, save as used for or incorporated into your original created works. Only the original purchaser of a Sound File has the right to embody and reproduce that Sound File within their music compositions/productions. This license is granted for a single user only (and is given on a worldwide basis). You agree and acknowledge that Poetic Devices has a proprietary interest in all sound recordings available via the Site, and that any use by you that frustrates the purpose of this Agreement or circumvents the revenue model of Poetic Devices (including without limitation selling, renting, or otherwise using or distributing un-integrated Content) may cause irreparable loss to Poetic Devices in a way that could not be adequately compensated by damages. For the avoidance of doubt, no ownership of copyright is transferred by Poetic Devices to Users hereunder.