VERSION 1.5

DEFINITIONS

THE DEVELOPER: Nusonik.com

PRODUCT: Any product developed by Nusonik.com.

It should be clearly understood that this definition does not include any file element of any THIRD PARTY SOUND PRODUCT installation referenced by any PRODUCT as a dependency.

USER: Any end user of THE PRODUCT published by Nusonik.com, being any person or business entity licensed to use THE PRODUCT.

PRODUCTION: A musical or sound production project created by the USER.

DAW: Digital Audio Workstation software used for creating audio productions.

THIRD PARTY SOUND PRODUCT: A product published and licensed by a third party SOUND DEVELOPER. These products are typically loaded as a plugin into a DAW in order to produce creative musical or other audio compositions defined by THE USER. These products are often referred to as ‘Sample Libraries’ or ‘Synthesizers’ and typically include file elements such as audio samples or software algorithms which produce acoustic signals that can be rendered in an audio production.

SOUND DEVELOPER: A developer other than Nusonik.com of a THIRD PARTY SOUND PRODUCT. 

EULA: The Nusonik.com End User License Agreement.

LICENSE

Any product

By purchasing and/or downloading any PRODUCT from a website or any affiliated e-commerce platform associated with THE DEVELOPER, THE USER agrees to be bound by the terms and conditions of this License Agreement [EULA].

License Grant

A license for any single PRODUCT purchased from THE DEVELOPER is granted to a single USER only. The USER may only install a copy of a PRODUCT on two computers which are directly owned by and under the control and supervision of the USER. All elements of the PRODUCT are licensed, not sold to the USER for the use in music production workflows, compositions and projects.

The DEVELOPER grants the USER the right to use any element of the PRODUCT in any PRODUCTION of which the USER is the creative author, mixer or mastering engineer.

Nothing in this Licence Grant should be deemed to include any license for a sound library or plugin or any file component developed by a third party SOUND DEVELOPER which is referenced by any file in a Nusonik.com PRODUCT. It is an express condition of using a PRODUCT developed by Nusonik.com that the USER holds a valid license for any THIRD PARTY SOUND PRODUCT referenced by a Nusonik.com PRODUCT, as issued by the applicable third party SOUND DEVELOPER. No file component of any THIRD PARTY SOUND PRODUCT installation is sold, licensed or distributed as part of any PRODUCT published by Nusonik.com.

For the avoidance of doubt : Any Copyright claim on any PRODUCT developed by Nusonik.com expressly excludes any copyright claim on any imbedded data generated by a THIRD PARTY SOUND LIBRARY which may be contained in a DAW file published by Nusonik.com.

Unauthorised Use

Unauthorized use, reproduction or distribution of any PRODUCT shall not be permitted and shall constitute a violation of law. In such a context the DEVELOPER will be entitled to injunctive relief, in addition to any other legal remedy which he may choose to pursue. If any element of a PRODUCT is incorporated in music productions of third parties due to any action of the USER, the USER will be held legally responsible. The USER expressly agrees to take reasonable precautions to avoid any unauthorised distribution or reproduction of any element of the PRODUCT. 

Any PRODUCTION file containing elements of any PRODUCT may only be shared with third parties who are directly involved in the PRODUCTION, unless the recipient third party is also a licensed USER of the applicable PRODUCT. Authorised sharing of any element of the PRODUCT with a third party does not grant the third party with any license to use such elements outside of the context of a PRODUCTION of the licensed USER.

The license is not transferrable and the PRODUCT may not be resold or leased to a third party.

The license expressly prohibits the use of any element of the PRODUCT to be used to develop and distribute any derivative works for non-commercial or commercial purposes. Derivative works which are specifically prohibited include the following:

1.     Commercial Cubase Track Archives and Cubase Templates sold or leased to any third party.

2.     Non-commercial Cubase Track Archives and Cubase Templates shared with any third party who is not a licensee of any PRODUCT.

3.     Any example musical production DAW files sold to third parties in order to demonstrate how a particular production is composed and/or produced.

Nothing in item 1, 2 and 3 above prohibits the USER from developing Cubase Track Archives or Templates for use in their own PRODUCTIONS as long as these are not shared with any third parties who are not a licensed USER of THE PRODUCT.

This license does not allow any element of the PRODUCT to be used to develop sample library review or play-through videos for Social Media platforms such as YouTube unless specifically authorised in writing by the DEVELOPER. The USER hereby grants the DEVELOPER with the express right to monetise, track or remove any such content not authorised by the DEVELOPER. Nothing in this provision should be deemed to prohibit the USER from developing any Social Media content relating to walkthroughs or renditions of a music PRODUCTION project under the creative control of the USER, in which the PRODUCT is used. If you wish to develop content relating to a review of any PRODUCT please contact the DEVELOPER.



Copyright

The PRODUCT, including accompanying documentation, is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Nothing in this provision should be deemed to prohibit the USER from modifying the content of any element in the PRODUCT for the purpose of completing a PRODUCTION.

Refunds

Purchases are final and no refunds will be given. Any refunds that may be considered in exceptional circumstances will be made in the sole discretion of the DEVELOPER.

Variation

The DEVELOPER reserves the right to vary the EULA at any time. The USER agrees to abide by any future changes of the EULA by checking the status of the current EULA before commencing with any PRODUCTION.

General

The DEVELOPER has the right to choose the jurisdiction for any legal action which may arise from a breach of the EULA by the USER or any dispute which arises with the USER.

The USER agrees that he shall not infer any other rights or terms which are not specified in the EULA.

The USER agrees that he understands the contents of and his obligations which flow from the EULA.

The USER agrees that the total liability which the DEVELOPER will have in the context of the purchase, use and authorised distribution of the PRODUCT will be limited to the value of the purchase price of the PRODUCT.

The DEVELOPER makes no representation that the PRODUCT is free of malware or that it is fit for the purpose that it was designed for.

Security

While we take all reasonable precautions to scan our downloads using professional virus scanning software prior to publication, it is an express condition of this license that the USER does a virus scan of every file downloaded from a website of the DEVELOPER with appropriate virus scanning software immediately after downloading and prior to installation. The DEVELOPER takes no responsibility for any financial loss, or damage or loss of data on any storage system of the USER which may occur as a result of failure by the USER or any third party associated with a PRODUCTION to take such precautions.