License agreement

Scope. This agreement constitutes the terms and conditions under which DLN Sound supplies an ordered product to any party, hereafter referred to as 'licensee'. The product comprises sounds for use in an electronic musical instrument and complementary documentation, hereafter collectively referred to as 'materials'.

License Grant. DLN Sound grants to licensee a non-exclusive, non-transferable right to use each authorized copy of the product. This right is subject to the following terms and conditions. The product is the property of DLN Sound and is licensed to licensee only for use as part of a musical performance, live or recorded. Licensee agrees not to resell or otherwise distribute the product, in particular the sounds it comprises or their derivatives, either in their original supplied form, reformatted for use in another musical instrument or sound synthesis or reproduction device, or mixed, combined, filtered, resynthesized or otherwise edited or adapted, for use as sounds, multisounds, samples, multisamples, wavetables, programs or patches in a synthesizer, sampler, microchip or any hardware or software synthesis or sample playback device. DLN Sound reserves all rights not expressly granted to licensee. Except as expressly provided herein, nothing in this agreement shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of DLN Sound or any third party.

Protection. Licensee agrees to take all reasonable measures to protect the product from unauthorized copying or use. Licensee agrees not to modify the product, including the sounds and documentation it comprises, to avoid or circumvent any measures taken by DLN Sound to protect against or discourage the unlicensed use or copying of the product in part or in whole. Licensee agrees to immediately inform DLN Sound about the loss of the product, including, but not limited to, theft or unauthorised copying, and any abuse by other parties of the product, be it as result of such loss or otherwise. Licensee agrees that DLN Sound takes any measures, to the sole discretion of DLN Sound, to prevent successive abuse of lost or otherwise illegally acquired copies of the product, including, but expressly not limited to, the public disclosure of any identified unauthorised distribution of the product.

Ownership. Ownership of the product stays with DLN Sound at all times. Copies are provided to licensee only for the purpose of exercising licensee's rights under the license, subject to the terms and conditions in this agreement.

Term. The product is supplied by DLN Sound to licensee by means of electronic data files. This agreement is effective from the date that licensee first opens, detaches from the original supplying medium, transports onto a carrier or medium other than the one(s) used for supplying the product, views, loads into any electronic device or in any other way uses the data files. The agreement will remain in full force until termination. The agreement will terminate if, and at the moment that licensee breaks any of the terms or conditions in this agreement. Upon termination, licensee shall immediately return the original product to DLN Sound, and destroy any other copies of product, in part or in whole, made for backup purposes or otherwise. The retaining of any copies of the product or any comprised materials shall be considered unauthorised distribution, performed by the licensee. Licensee agrees to compensate DLN Sound for any direct or indirect material or immaterial damage resulting from all breaches by licensee of any of the terms or conditions in this agreement.

Liability. DLN Sound will not be liable for any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Under no condition or circumstance whatsoever shall DLN Sound be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the product. The above limitation or exclusion may not apply to licensee to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. DLN Sound's total liability to licensee for all losses, damages, and causes of action shall not exceed the amount licensee paid to DLN Sound for the purchase of the product.

Applicability. If any part of the terms and conditions in this agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.