End User License Agreement (EULA)
IMPORTANT NOTICE: Opening the shrink-wrapped product or downloading, installing or registering any of our software constitutes your acceptance of these terms. Do not open the shrink-wrapped product or install or register any related files until you have read this license agreement. By opening shrink wrapped product, or installing downloaded or purchased product or registering it (or by authorizing any other person to do so) you accept this license agreement.
- Non-Transferable License and Term. A right to use the enclosed sounds and software is granted by Audio Impressions (hereinafter also referred to as the "Licensor") to the original end-user of the product (hereinafter also referred to as the "Licensee," "You," or "Your") and which right is NOT transferable. You may NOT sell the used samples or related software provided with your Audio Impressions' hard drive or other downloaded or otherwise obtained Audio Impressions sample or software application files to someone else. Ownership of, and title to, the enclosed digitally recorded sounds (including any copies) will be held by Audio Impressions, Inc. Copies are provided to you only to enable you to exercise your rights under the license. This Agreement is effective from the date you open this package, and will remain in full force until termination. This Agreement will terminate if you break any of the terms or conditions of this Agreement.
- Termination and Disposition. Whether your licensed sound libraries are delivered on an external hard drive, or on hard drives built into computers purchased from authorized Audio Impressions vendors, you may completely erase the Audio Impressions data-containing hard drive(s) (that is fully erase such drives by means of overwriting all data with zeros, sometimes known as "secure erase," or doing a low-level reformatting of the drives, as contrasted with ordinary erasure which merely deletes the drive's directory) and then resell or otherwise deploy such fully erased hard drives or computers with contained hard drives as you wish. In the event Audio Impressions, Inc. terminates this Agreement due to your breach, you agree to return the original hard drive if such drive is an external drive that was delivered to you as part of your licensing agreement, as well as any purchased samples supplied to you on non-erasable media (e.g., CD ROM or DVD ROM), the WIBU CodeMeter authorization key, and documentation to Audio Impressions, Inc. and to return or destroy all other copies of said samples, software and documentation. Audio Impressions, Inc. reserves all rights not expressly granted to you.
- Permitted Uses. The licensee may use the sounds (samples) in musical compositions, and can modify them by applying any desirable MIDI, audio or other signal processing to alter them in creating such a musical composition but the licensee may not alter these sounds (samples) or redistribute them either altered or unaltered as samples for playback on any sampler system. The licensee may use the sounds to create music libraries for resale, but not to create sample libraries that could themselves be used to create new musical compositions, nor can freelance sound designers or others use them to create sample compilations for composer clients.
- Prohibited Uses. This license expressly forbids resale, re-licensing, or other distribution of these sound samples and software, either as they exist on each hard disk drive, optical disc or internet server, or any modification thereof. The licensee cannot assign, lease, lend, rent, sublicense, time share, upload or download to or from any database or server, or transfer any or all of the sound samples, software or documentation to another user, or use them in any competitive product. The licensee may not use these sounds to create DLS (downloadable sounds) sets without receiving explicit written permission from an officer of Audio Impressions. This license expressly forbids resale or other distribution of these Sounds or their derivatives, either as they exist on disc, reformatted for use in another digital sampler, or mixed, combined, filtered, re-synthesized or otherwise edited, for use as sounds, multisounds, samples, multisamples, wave tables, sound sets, programs or patches in a sampler, microchip, computer, software, or game.
- Multiple Installations. The licensee may not allow friends, colleagues or others to use the licensed samples or software unless these people are using it on the Licensee's computer hardware system as part of the same project which the Licensee is working on; the DVZ control software (e.g., our DVZ RT core technology) may not be run on more than one computer at a time (or on two computers if Audio Impressions publishes explicit instructions indicating two computers are necessary to accomplish that function); the software may be installed on one backup computer system provided that it is designated for the licensee's uninterrupted operations should the primary control computer become unusable and that it is not used for simultaneous music creation separately from the primary control computer/sampler on which the same software has been installed. The number of sampler computers attached to the control computer for playing Audio Impressions licensed libraries, running AudioPort Host, and running instantiations of AI SPACE is unrestricted by Audio Impressions but such sample players must be in the same physical facility and controlled by the same control computer associated with the purchased Ai license. Notwithstanding Audio Impressions policy on use of multiple sampler computers, any third party software which is installed on such additional sampler computers may require additional licensing from the respective software developers/vendors; see paragraph 9. The samples and related software may not be offered to clients as part of any recording studio or rental services, and they may not be set up for use via remote computer networks (such as for example VPN's) or via the world wide web (internet); however, a complete turn-key system including the computer(s) on which a discretely licensed package of Audio Impressions control software and samples are installed may be offered for rental provided the renter agrees to all applicable terms of this license agreement.
- Protection. You agree to take all reasonable steps to protect this product and any accompanying documentation from unauthorized copying or use. You agree not to modify the enclosed product to circumvent any method or means adopted or implemented by Audio Impressions, Inc. to protect against or discourage the unlicensed use or copying of the enclosed product.
- Suitability. Licensor will not be responsible if the sound samples and/or software do not fit the particular purpose intended by the Licensee. The sound samples and software are licensed 'as is' without warranties of any kind. Any similarity to any other recording is purely unintentional. Neither Audio Impressions, Inc. or its authorized sales representatives can be held responsible for any direct, indirect, or consequential loss arising from the use of any sound samples and software licensed from Audio Impressions in any form, or consequential loss arising from a delayed or lost shipment of any product purchased from Audio Impressions.
- Supported Platforms. Licensee agrees to use the sound samples and/or software in compliance with the supported interfaces and hardware/operating system requirements published for each product. Audio Impressions accepts no responsibility or obligation for technical support of Licensors who install the samples and/or software on systems not meeting or exceeding our basic specifications, or on systems on which non-specified hardware or software is installed, including applications, modifications, program patches, plug-ins or other devices that may create inadvertent software conflicts or may in any way slow down the computer's total throughput by means of CPU load, bus activity, or other resource demands.
- Third-Party Software. Licensor shall not be responsible for provision or correct function of third-party software components that are necessary to create a useable overall sample playing system, such as for example sample playing software, sequencing software, computer operating systems, and so forth, except that any software provided as part of a turn-key system purchased from Audio Impressions' authorized resellers is guaranteed to function as represented so long as all software and hardware components are maintained in the state they were originally supplied, including revisions or versions of the various software. Certain third party software may be provided along with the purchased Audio Impressions Package; whether or not you need to purchase additional licensing for this software, or whether such licensing is included in the original 'package' price will be clearly indicated in the sales documentation. At no extra charge to the end user we include Steinberg VST plug-in technology and Apple Computers' Audio Unit plug-in technology which contribute to the communication between the sequencer plug-ins and the DVZ control software. We also require that you download Apple Computer's free Bonjour for Windows communications technology if you are using a PC sequencer. Whether the sequencer runs on a PC or Macintosh you must agree to Apple's licensing terms as well to cover Bonjour when using Audio Impressions' VST sequencer plug-in for DVZ sync on a PC or Apple's AU format for our DVZ Sync and/or AudioPort audio-over-Ethernet plug-ins on a Macintosh. In general you will be subject to the terms of the third-party developers' licenses and you are ultimately responsible for correct registration and purchase of licensing with any third-party software you use with your Audio Impressions package (see price lists and package descriptions to understand which licenses are included in your purchase).
- Royalties and Citations. When you purchase a license for Audio Impressions Library(ies) and the associated core software (e.g., DVZ, Ai SPACE, AudioPort and so forth) you are granted perpetual permission to use these sounds in as many musical recordings as you want. No additional royalties or licensing fees are due based on the samples being used in highly profitable or otherwise successful projects. Moreover, your library license also grants you permission to cite Audio Impressions™, DVZ® and the DVZ Realtime Instruments Libraries and related technologies by name or logo on any project you create using our samples, provided you correctly attribute these logos and include their pertinent trademark ™ or registered trademark ® symbols. If you wish, you may contact us for high quality logo art, which we'll promptly provide at no charge for this purpose. Trademarks of third-party providers are their respective intellectual property.
- Preset Patterns (mini sequences). The following terms apply to the use of patterns (short compositions that are comprised of MIDI notes that can be repeatedly used to play samples to form a continuous piece of music): (1) Patterns must be used in a musical context using Audio Impressions' DVZ™ libraries or third-party libraries, synthesizers or samplers that are being controlled with DVZ technology. (2) If Audio Impressions' DVZ library patterns are exported it is permissible to edit them to create your own patterns, but substantially unaltered DVZ patterns cannot be published, sold, given away or otherwise transferred or made available to anyone else.
- Returns and Refunds. No refunds will be given for a new library/software package where the shrink wrap has been opened, for downloaded sound samples, software, nor for subsequently licensed (additionally unlocked) libraries that had been included on previously purchased Ai-provided media or on the hard drive(s) in any computer provided by an authorized Ai turn-key system builder. Turn-key system builders will set their own policies regarding returns; Audio Impressions is not responsible for such returns and will not accept them under any circumstances. An RMA (return merchandise authorization) is required before we will accept any return for any reason. Once a shrink wrap is opened, we only accept returns of a defective product (e.g., defective storage media). Defective or corrupted purchased downloads will be remedied by provision of an equivalent download; there may be an additional fee if you request physical media in lieu of the download. Defective Ai-hard drives will be exchanged under warranty for a period of 12 months from date of purchase, regardless of when you first use them; after 12 months and up to 24 months they are subject to a drive exchange fee according to a schedule that may be published and updated on our website from time to time. There is no coverage for drives beyond 24 months. This paragraph does not apply to hard drives inside turn key systems, which drives and hardware are subject to the terms of a separate agreement with the system builder.
- International Customers. Audio Impressions does not sell directly to end users outside the U.S.A. Entities authorized to distribute our product and located outside the U.S.A. are responsible for any import duties, taxes and freight charges, and will determine the currency they accept in any given location.
- Acceptance of Terms. By installing this software, you agree to be bound by all of the above terms and conditions of this License Agreement. If you do not agree to all the terms and conditions of this License Agreement, please do not install the software (or cancel the installation if you have begun the process).
For more information, please refer to our documentation on Copyrights & Licensing.