User Agreement (EULA)
Copying files from Audio Impressions release media (for example DVD, hard drive, USB drive, etc.), or downloading Audio Impressions library or software files, and installing any of our software or using the provided serial number or product key(s) to activate Audio Impressions software, which software may include third-party software (such as Native Instruments Kontakt player) constitutes your acceptance of these terms. Do not install any Audio Impressions files or use the provided serial number(s) or product key(s) until you have read this license agreement. By installing or activating our libraries or software (or by authorizing any other person to do so) you accept this license agreement.
1. 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 actual samples or related Audio Impressions software (e.g., the DVZ® core engine, SPACE®, or any other Ai Software) provided with your Audio Impressions supplied storage media or download or otherwise obtained Audio Impressions sample or software application files to someone else. Ownership of, and title to, the licensed 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, and you are then bound to dispose of the software and samples as specified in paragraph 2 below.
2. Termination and Disposition. If you wish to terminate this agreement, you must notify Audio Impressions in writing and you must completely erase all pertinent Audio Impressions software and library files, both originals and copies thereof from any erasable media (such as a hard drive or USB flash drive) where you may have it stored; by erase we mean to fully erase it by overwriting all data with zeros, sometimes known as “secure erase,” or doing a low-level reformatting of the drive, as contrasted with ordinary erasure or quick format which merely erases the drive’s directory); If you have any of these files saved on non-erasable media such as DVDs, you must either destroy such media or return it to Audio Impressions, Inc. If Audio Impressions, Inc. terminates this Agreement due to your breach, you agree to destroy the pertinent Audio Impressions software/library files from any erasable media as just described, and to return to Audio Impressions, Inc. any Audio Impressions supplied hard drive, USB drive, DVD(s), hardware license key, and/or documentation that may have been provided with the purchased software/library. Audio Impressions, Inc. reserves all rights not expressly granted to you.
3. 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.
4. Prohibited Uses. This license expressly forbids resale, re-licensing, or other distribution of these sound samples and software, either as they exist on released storage media or an 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 or other storage media, 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.
5. 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 (our “DVZ core engine”) may not be run on more than one computer at a time, although the software may also 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 separate from the primary control computer on which the same software has been installed. The number of sampler computers attached (via local area network) to the control computer and on which third-party software is installed for playing Audio Impressions licensed libraries may be restricted by the respective developers (such as Vienna Instruments or theNerds) and you should consult their respective user agreements. 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).
6. 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.
7. 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.
8. Supported Platforms. Licensee agrees to use the sound samples and/or software in compliance with the supported interfaces and 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 as may be updated from time to time and published on the Audio Impressions website.
9. 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 provide sample playing software, sequencing software, computer operating systems, and so forth. Certain third party software may be provided (bundled) along with the purchased Audio Impressions Package; whether or not you need to purchase additional licensing for this software will be clearly indicated in Audio Impressions documentation. In any case, you will be governed by the terms of the third-party developers’ licenses and you are responsible for correct registration and for the purchase of licensing for any third-party software you use for which a license was not explicitly designated as having been sold to you with your Audio Impressions package.
10. Royalties and Citations. When you purchase a license for an Audio Impressions Library(ies) and an associated “core” software package (e.g., DVZ, Ai SPACE) 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 our 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 software vendors (for example, Native Instruments, The Nerds or Vienna Instruments) are the property of their respective owners and you are bound by those companies’ usage policies and by applicable trademark law.
11. Returns and Refunds. No refunds will be given for a new library/software package where the software key has been activated, for downloaded sound samples, nor for subsequently licensed libraries. Neither will a refund be given if any bundled software license has been activated. An RMA (return merchandise authorization) is required before we will accept any return for any reason. Once a product is installed and activated, we only accept returns of a defective product (e.g., defective storage media that we provided). 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-physical media will be exchanged under warranty for a period of 12 months from date of purchase, regardless of when you actually install it, and after 12 months such media is subject to a nominal exchange or shipping/handling fee.
12. International Customers. Customers located outside the U.S.A. agree to be responsible for any import duties or taxes. These are not included in our shipping charges. All payments must be tendered in US dollars (USD) except that for products with prices also listed in Euros and which are shipped to destinations within the European Union, payment may be tendered in Euros or US dollars at the purchaser’s discretion, with Euro amounts adjusted to current exchange rates so they equal the requested US dollar amount.
13. Acceptance of Terms. Installing and activating an Ai library or its accompanying software is an acceptance of all of the above terms and conditions of this License Agreement. If you do not accept all of the terms and conditions of this License Agreement, please do not activate the software and contact Audio Impressions regarding a return authorization and refund. Please refer to Paragraph 11 regarding returns.
Audio Impressions, Inc., PO Box 693, Woodland Hills, CA 91365