End-User License Agreement (EULA)

Please read carefully SoundFingers' Products End User License Agreement (EULA)

SoundFingers. Latest Version 2020-07-11.

1. General

1.1 The following End User License Agreement (“EULA”) represents the contractual conditions between you (“Licensee”) and SoundFingers, 17 rue de Saint Dié, 67100 STRASBOURG, France (“SoundFingers”) for the use of software including related media, documentation (for example program descriptions, manuals) and other documents and materials manufactured by SoundFingers (“Product(s)”).

1.2 By installing and by registering the software on your computer, you declare yourself in agreement with these conditions. If you do not agree with these conditions, you must not install the software.

2. Scope of use

2.1 The Products from SoundFingers are protected by law. The intellectual property of the Products remains at SoundFingers. Licensee acquires only the right to use the Product to the following extent. Any other use or exploitation not explicitly granted to Licensee in this EULA shall not be allowed without written consent from SoundFingers. Specifically, Licensee is not entitled to copy or have copied, decompile or have decompiled, reverse engineer or have reverse engineered the Product or parts thereof. Licensee must ensure by appropriate and reasonable steps that third parties, including its own employees, cannot make unauthorized use of the Product. Licensee shall be liable to SoundFingers for any loss or damage in this context.

2.2 SoundFingers grants Licensee the non-exclusive right without restrictions in time or place to use the Products. SoundFingers is not obliged to cede the software underlying source code, including the associated development documentation.

2.3 Licensee may install and personally use the licensed software on three devices (e.g. one computer, one laptop, one workstation), provided that the said software is used only on one device regularly. Simultaneous use on more than one hardware device is not permitted. The Products may not be used on a network by multiple users, unless each user possesses a license. In case Licensee changes the hardware, all software on the hardware used must be deleted.

2.4 Licensee may copy the licensed software, if such reproduction is necessary for the contractually agreed use. Licensee is authorized to create a backup, if this is necessary to secure the future use.

2.5 Licensee is not authorized to modify the software, unless it is to preserve or restore the agreed functions of the software purchased.

2.6 Third Parties

  1. a) Renting or lending the licensed Software to a third party is expressly forbidden.
  1. b) Except if otherwise stated within this EULA, Licensee may resell the software to a third party or transfer the software permanently free of charge, provided the third party agrees in writing with this EULA and Licensee ceases all use of the software, completely removes all installed copies of the software from its computer and – if the software was not purchased via download – deletes or transfers the original data storage to the third party (if Licensee is not obliged to a longer storage by law).

2.7 In case a sound library is part of the purchased Product the following Sound License Agreement shall apply in addition to the EULA:

The provided samples, instruments and presets can be used for commercial or non-commercial music and audio productions without the prior permission from SoundFingers under the terms of this Sound License Agreement. The usage of this Product (in particular samples, instruments and presets) for the creation of a sound library or as a sound library for any kind of synthesizer, virtual instrument, sample library, sample-based product or other musical instrument is strictly prohibited. Individual samples, sound sets or audio loops may not be distributed (commercially or otherwise) standalone. Furthermore these samples, sound sets or audio may not be repackaged in whole or in part as audio samples, sound libraries or sound effects.

2.8 In addition, for certain Products from SoundFingers the following shall apply:

  1. a) Bundles (product bundles consisting of hardware and software or software-only bundles) can only be resold / transferred as a whole. The individual components of a bundle must not be resold / transferred separately.
  2. b) Any Products from SoundFingers labeled or otherwise provided to you as “Demo Versions” shall only be used for demonstration, testing and evaluation purposes. Demo Versions must not be used for commercial purposes, and must not be resold or transferred.

 

3. Duties to protect

Copyright notices, and other identification features of the Products may not be removed from the software or altered in any way.

4. Warranty, Legal Liability, Damages

In regard to any warranty, liability and / or damage claims, the General Terms and Conditions of SoundFingers apply:

https://soundfingers.com/terms-conditions/

5. Final Provisions

5.1 If any stipulation of this EULA should be or become invalid, either completely or in part, this shall not affect the validity of the remaining stipulations. The parties undertake instead to replace the invalid stipulation with a valid regulation which comes as close as possible to the purpose originally intended.

5.2 Insofar as Licensee is a merchant within the meaning of the French Commercial Code or corporate body under public law or special fund under public law the place of jurisdiction and place of performance is Strasbourg, France. However, SoundFingers reserves the right to sue Licensee at Licensee’s place of residence or place of business.

5.3 This EULA is subject to the laws of the French Republic to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CSIG), whereas consumers regularly residing abroad may as well rely on mandatory applicable laws of the state where they are a resident. The contractual language is French insofar as nothing else is agreed upon in writing.

Should you have any queries concerning this EULA, please write to this address:

SoundFingers

17, rue de Saint Dié

STRASBOURG

67100

contact@soundfingers.com

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