Emergence Audio End User License Agreement
Effective as of: October 1, 2020
Important – Please Read Carefully. This End User License Agreement (“Agreement”) is between You and Emergence Audio (collectively, “Emergence”, “we”, “us” and “our”) and is the basis on how we provide our Product(s) to you. This Agreement governs your use of the sounds and software (collectively, the “Product”).
1. License Grant
Emergence Audio grants to you (a single user) a limited, revocable, non-exclusive, non-sublicensable, non-transferable license for download and use of this Product (on up to two personal devices, simultaneously) in any commercial or non-commercial purpose provided you have combined them with other sounds within one or more original musical composition(s), recording(s), live performance(s), and/or similar production differentiating from the original sound file. This license extends to the use of documentation, data, or information developed by Emergence Audio and other materials which may assist in your use of the Product.
Emergence Audio Products are not for resale or any other distribution by any means including, but not limited to, resampling, mixing, processing, isolating or embedding into software or hardware for use on any other computer or sample playback device and for the purpose of re-recording or reproduction as part of any free or commercial sample library, sound effects catalog, software or virtual instrument. Products may not be used in or in relation to any competitive products that are sold or relicensed to any third parties. Emergence Audio uses proprietary watermarking technology to track piracy. You may not copy, modify, share, rent, sell or lease any Product and documentation (in whole or in part), and you may not reverse engineer or attempt to reverse engineer or disassemble the Product or any code within or related to the Product.
We may, at any time, terminate this legal Agreement, in our sole discretion without prior notice to you and without reimbursement, if we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable. You acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations. Please note that any termination of this Agreement will also terminate your license to use the Product(s).
All title, ownership, and intellectual property rights in and to the Product (and all digitally recorded sounds and/or copies and associated documentation therein) is held by Emergence Audio. When you purchase any Product(s), you are purchasing a limited license for use (and not ownership) of the Product(s).
5. Limitation of Liability
To the maximum amount permitted by applicable law, in no event shall Emergence Audio be liable for any special, indirect, consequential or incidental damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, or business interruption) or any causes of action arising out of or relating to this Agreement, whether arising in tort, contract or otherwise, even if Emergence Audio has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. You agree that Emergence Audio’s liability shall not exceed the actual price paid by you for use of all Products. Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
6. Disclaimer of Warranties
YOU ACKNOWLEDGE ALL EMERGENCE AUDIO PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. EMERGENCE AUDIO DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT IN REGARD TO THE PRODUCT. EMERGENCE AUDIO MAKES NO WARRANTY THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS OR THAT THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE PRODUCT AND, WITH YOUR AGREEMENT, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER DEVICE OR SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
7. General Provisions
(a.) You acknowledge that you have read and understand this Agreement and agree to be bound by its terms and conditions
(b.) This Agreement will apply from the date of the download of any Emergence Audio product