License Agreement

U E B E R S C H A L L  LICENSE AGREEMENT

for ELASTIK Sample Player, Ueberschall Downloader and Sound-Library

NOTE TO THE USER: This Agreement defines the rights of use as applying between

Ueberschall Sample Service GmbH
contact address: http://www.ueberschall.com/en/about
(referred to as "UEBERSCHALL" hereunder)

and the end user. This copy of the software is licensed to you as an end user. Please read the Agreement carefully.


1.) SOFTWARE LICENSE AGREEMENT

This License Agreement relates to the UEBERSCHALL ELASTIK Sample Player, the UEBERSCHALL DOWNLOADER, the documentation thereof and explanatory materials (referred to as the "Software" hereunder). Furthermore, „Software" hereunder defines all updates and modified versions of the software used in the future.

Any use of the Software is subject to this License Agreement.

The Software remains intellectual property of UEBERSCHALL (licensor) and shall be licensed, not sold.

UEBERSCHALL grants you a non-exclusive license in the Software, with the following scope:


a) You may do the following (the following list is conclusive):

(1) use the Software for purposes of use of the Sound-Library (ies) licensed by you from UEBERSCHALL (e.g. looking for a suitable sound within the UEBERSCHALL Sound-Library).

(2) transmit the Software to third parties free of charge for purposes of use of Sound-Libraries licensed from UEBERSCHALL.


b) You may NOT do the following (including without limitation):

(1) commercially offer the Software to third parties, or sell or sublicense it to same.

(2) modify, reverse engineer, disassemble or decompile the Software.

For the use of the UEBERSCHALL DOWNLOADER an internet access as well as the one-time creation of a UEBERSCHALL user account is necessary.

Information on data protection can be found on the UEBERSCHALL website: https://www.ueberschall.com/privacypolicy

This license does not give you any claim to future updates or amendments of the Software.

UEBERSCHALL does not warrant that the Software is error free. You expressly acknowledge that the Software and documentation is provided “as is.” UEBERSCHALL disclaims all other warranties, either expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party rights with respect to the software. Should the Software prove deffective, you (and not UEBERSCHALL or an authorized representative) assume the entire cost of all necessary servicing, repair or correction. 

In no event shall UEBERSCHALL be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the use of the Software, even if UEBERSCHALL has been advised of the possibility of such damages. UEBERSCHALL ́s liability for any claim, losses, damages or injury. Whether caused by breach of contract, tort or any other theory of liability, shall not exceed the license fee paid by you. Some jurisdictions do not allow the exclusion of implied warranties or incidental or consequential damages, so the above limitation or exclusions may not apply to you.


2.) SOUND-LIBRARY LICENSE AGREEMENT

This License Agreement relates to Sound Libraries (hereunder also referred to as "Soundbank" in connection with the installation) for which you acquire a license from UEBERSCHALL (referred to as "UEBERSCHALL Sound-Library" or as „Sound-Library" hereunder. The sounds (or loops) contained therein are referred to as „Sound(s)\" hereafter.

The Sound-Library must be registered with a serial number, before it can be used. You will receive the license key from UEBERSCHALL or from one of its authorised dealers after payment of your license acquired.

For the registration and activation of the Sound-Library an internet access and the one-time creation of an UEBERSCHALL user account is necessary.

Information on data protection can be found on the UEBERSCHALL website: https://www.ueberschall.com/privacypolicy


General Terms and Conditions of the License

The Sounds contained in the UEBERSCHALL Sound-Library shall remain the exclusive intellectual property of UEBERSCHALL. They shall be licensed, not sold. UEBERSCHALL grants you a non-exclusive license in the individual Sounds of contained in the UEBERSCHALL Sound-Library. The scope of the license is defined in section 2 b) below. The license shall apply on a worldwide basis and for the duration of the copyright. 

It is a prerequisite for the grant of the license that the respective Sound-Library was acquired directly from UEBERSCHALL, from one of its authorized dealers or, subject to consent by UEBERSCHALL, from another end customer. 

If your Sound-Library is a demo-version, the following shall apply: UEBERSCHALL demo versions solely serve for purposes of demonstration and may not be used commercially; for a commercial release or any other commercial use a license must be acquired from UEBERSCHALL.

Sound combinations with the prefix "mix" and "bac" (Mix and Backing) in the file name are contained solely for purposes of immediate pre-listening of an example for a combination of Sounds contained in the Sound-Library and may solely be used by the licensee for purposes of (self-)instruction. In such aforesaid Sounds, no further rights shall be granted, including without limitation the right of use according to section 2 b).


b) Rights of Use in Detail


aa) You may do the following (the following list is conclusive):

(1) commercially or non-commercially use the Sounds for the production of music productions and as part of such music productions. Such music production include without limitation song releases, remixes, soundtracks, library music, advertising spots, jingles, commissioned works for motion pictures, theatre, musicals, computer games & multimedia. An individual Sound may not appear or resound in the original form in any music production; in order to create sufficient distance to the original, Sounds may solely be used such that a number of different Sounds are piled on each other (layers).

(2) modify the Sounds for the making of music productions.

(3) use the Sound-Library on (no more than) one computer at a time. Furthermore, you may store one (1) backup copy of the Sound-Library on a second computer or storage medium. For such purpose you receive 2 activations from us.


bb) You may NOT do the following (including without limitation):

(1) let appear or resound an individual Sound in the original form in any music production; in order to create sufficient distance to the original, Sounds may solely be used such that a number of different Sounds are piled on each other (layers). As an exception from the foregoing, in computer games, apps or multimedia productions Sounds may appear or resound in their original form, subject however, to a separate license to be acquired from us; please contact us if you`re interested.

(2) As far as an applicable Sound in its original form is concerned, i.e. other than as part of a music production produced by the licensee, the licensee shall not

- make it available to the public or distribute it or perform it in public, whether via internet, on physical storage media or in any other manner

- commercially or non-commercially offer, sublicense, sell, rent, give away for free or barter it to third parties or make it available to third parties in any other manner

- duplicate and/or adapt it for purposes other than your own music production.

The same shall apply to any parts and/or modifications of the applicable Sounds.

(3) use any recreated version of an individual Sound in any kind or manner which is not permitted for the original Sound hereunder.

(4) The present license shall not be assigned or transferred by licensee, i.e. it shall solely apply to licensee itself. Note: Should you operate a rental production studio and wish to make a Sound available (subject to the provisions of this license) to a number of customers of such studio, you are required to acquire a multi-user-license from us for such purpose. Please contact us under www.ueberschall.com for further information on this topic.

(5) indicate a musician, producer or artist who has contributed to a UEBERSCHALL Sound-Library used by you in a music production as a contributing musician, producer or artist to your music production.


c) Third Parties' Rights

Please note that our Sounds are used in numerous music productions. Where you use an applicable Sound hereunder for the creation of a music production, it is your responsibility to investigate and/or take precautions that such music production will not conflict with any rights of third parties. This includes without limitation any third parties' rights in other music productions for the creation of which our Sound was used as well.

Neither the producer of the original sound nor UEBERSCHALL nor any dealer/distributor of UEBERSCHALL shall be liable for any direct or indirect damage or for any consequential damage resulting from the use of the Sound-Library in whatever form.


d) Final Provisions

German law shall apply.

In relation to merchants and to licensees with residence outside Germany the courts of Hannover shall have jurisdiction for all disputes arising from or in connection with this license agreement; consumers with residence within the European Union but outside Germany can also file an action at the competent court of their residence; a consumer within the aforesaid meaning shall be each natural person who concludes the contract for a purpose that is outside its trade, business or profession.

In the event that particular provisions of this Agreement should be invalid, the validity of the remaining provisions shall thereby not be affected.