Terms and Conditions/EULA
Cinematic Studio Series End User Licence Agreement
This Cinematic Studio Series End User Licence Agreement governs the use of Cinematic Studio Strings, Cinematic Studio Piano, all associated software, audio content and other intellectual property provided by Cinematic Samples Worldwide Pty Ltd to the end user. Please read carefully and accept the terms and conditions of this license agreement before purchasing, downloading, installing and using any Cinematic Studio Series product.
1. Licence Agreement
This licence to use Cinematic Studio Series (hereafter the "Software Product") is granted to a single user only. The Software Product is licensed, and not sold, to the purchaser (hereafter “Licensee” or “you/your”). Cinematic Samples Worldwide Pty Ltd (hereafter “CSWPL”) retains ownership of the Software Product, including all associated intellectual property, recorded and sampled sounds, programming, audio demos and accompanying documentation, in perpetuity and in all jurisdictions. CSWPL owns the copyright and all intellectual property rights in the Software Product, which is protected by all relevant copyright laws and treaties.
The Licensee is licensed to download and use the Software Product, subject to the terms and conditions of this End User License Agreement ("Agreement”), for both non-commercial and commercial use in the creation, production and broadcast of music and sound effects, without the payment to CSWPL of any additional fees or the requirement for attribution. This permission to use music and sound effects created with the Software Product extends equally to educational licences.
YOU, THE LICENSEE, MUST ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE “ACCEPT” OPTION BEFORE DOWNLOADING, INSTALLING AND USING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT “DECLINE” AND YOU MUST NOT DOWNLOAD, INSTALL, USE OR COPY THIS SOFTWARE PRODUCT.
3. Restrictions to Alteration and Use of Software Product
The Licensee is NOT permitted, at any time, or under any circumstances, to modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Material may not be extracted and used in isolation in any way and derivative works include but are not limited to commercially available samples, new sample libraries, or virtual (digital) instruments. You may NOT alter or extract any files or libraries in any portion of the Software Product NOR incorporate them into any other software or hardware. The Software Product may be used for the purposes of creating music for commercial purposes, but the sale of short isolated phrases or loops is NOT permitted. Furthermore, you may NOT decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Software Product.
4. Restrictions on Copy or Transfer
As in paragraph 1, the licence is granted to a single user. A second copy may be made by the same registered user from their hard drive and installed on a subsequent machine for their own use. A third copy may be made and stored for the purposes of back-up and reinstallation. THIS AGREEMENT DOES NOT PERMIT THE INSTALLATION OF THE SOFTWARE PRODUCT ON A SYSTEM THAT ALLOWS SHARED USE OF APPLICATIONS, ON A MULTI-USER NETWORK, OR ON ANY CONFIGURATION OR SYSTEM OF COMPUTERS THAT ALLOWS MULTIPLE USERS. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement, a Studio/ Multi User Licence Agreement, which covers each copy and each user of the Software Product.
The Licensee may NOT assign their rights and obligations under this Agreement, or copy, redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer their rights to the Software Product.
5. Disclaimer of Warranties and Limitation of Liability
Unless otherwise explicitly agreed in writing by CSWPL, CSWPL makes no warranties, express or implied, in fact or in law, including but not limited to, any implied warranties of merchantability or fitness for a particular purpose other than as set forth in this agreement. CSWPL MAKES NO WARRANTY THAT THE SOFTWARE PRODUCT WILL MEET YOUR REQUIREMENTS OR OPERATE UNDER YOUR SPECIFIC CONDITIONS OF USE. CSWPL makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. You must determine prior to purchase whether the Software Product meets your requirements and you bear sole responsibility and all expense for any loss incurred due to failure of the Software Product to meet your requirements. CSWPL will not, under any circumstances, be responsible or liable for the loss of data on any computer or information storage device. CSWPL, its directors, employees or agents will not be liable for damages of any kind, financial or otherwise, resulting from this agreement, or from the furnishing, performance, installation or use of the Software Product. To the extent that the applicable jurisdiction limits CSWPL’s ability to disclaim any implied warranties, this disclaimer shall be effective to the maximum extent permitted.
6. Limitation of Remedies and Damages
Your remedy for a breach of this Agreement by CSWPL is limited to the correction or replacement of the Software Product. Whether to correct or replace Software Product shall be solely at the discretion of CSWPL. CSWPL reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If CSWPL is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternatIve remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling. The granting of any refund is however, totally at the discretion of CSWPL. You agree to indemnify and hold CSWPL harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
7. Governing Law, Jurisdiction and Costs
This Agreement and all other contracts between the parties hereto relating to the Software Product, whether now existing or hereafter arising, shall be governed by and interpreted in accordance with the laws of Australia and each party submits to the exclusive jurisdiction of the Australian courts.
If any provision of this Agreement, or any portion thereof, is held to be unenforceable or invalid by a court of competent jurisdiction, and provided that the fundamental terms and conditions of this Agreement remain legal and enforceable, the remaining provisions and portions thereof shall be carried into effect.
Cinematic Studio Series © 2016 Alex Wallbank