End User License Agreement of Native Instruments GmbH – June 2015
The following End User License Agreement ("EULA") represents the contractual conditions between you ("Licensee") and Native Instruments GmbH, Schlesische Str. 29-30, 10997 Berlin, Germany ("Native Instruments") for the use of software including related media, documentation (for example program descriptions, manuals) and other documents and materials manufactured by Native Instruments ("Product(s)").
By installing and by registering the software on your computer, you declare yourself in agreement with these conditions. If you do not agree with these conditions, you must not install the software.
In this event, please return the complete Product (including all written matter, packaging and similar material) to the dealer from whom it was originally bought within 14 (fourteen) days after the day of purchase. For purchases from the Native Instruments Online Shop, please return the complete Product (including all written matter, packaging and similar material) either to NATIVE INSTRUMENTS GmbH, Schlesische Str. 29-30, 10997 Berlin, Germany, or to Native Instruments UK Ltd, 18 Phipp Street, London, EC2A 4NU, UK, or to Native Instruments North America, Inc., 6725 Sunset Blvd., 5th Floor, Los Angeles, CA 90028, USA, or to Native Instruments Japan K.K., YO Bldg 3F, Jingumae 6-7-15, Shibuya-ku, Tokyo, 150-0001, Japan. The price you paid will be refunded in full.
1. It is required that you register the Licensed Software in order to receive an activation key that enables you to use the Licensed Software on your computer. It is not possible to use Native Instruments Products that are not activated.
2. For the registration, you need to enter your name, email address and postal address. These data are stored together with the Native Instruments serial number in our registration database. Native Instruments uses a secure SSL connection with 128-bit-encryption that meets current security standards to transmit your data over the web. For further information about Native Instruments handling of personal data please see: http://www.native-instruments.com/en/company/legal-information/privacy-policy/
3. The Native Instruments Service Center Software guides you through the activation process. The Service Center is installed automatically when you install / download your Native Instruments software.
4. The Native Instruments activation uses information about essential system components of your computer, and encodes this information in a "Activation Request File". This information does not include any personal data. The "Activation Request File" is used to create an activation key, which works only on the computer where the "Activation Request File" has been generated.
5. Should Native Instruments, for whatever reasons, no longer be able to fulfill its obligations to deliver the activation key, it will provide Licensee with a key which ensures the continued use of the licensed software independent of changes to the computer.
6. If you want to use your Native Instruments Product on a different device, or if you make extensive changes to your device, you may need to re-activate your Native Instruments Product.
7. If you purchased a third-party product bundled with a Native Instruments Product, you agree that Native Instruments makes your registration data available to the third-party. Please submit any objections to this in writing (contact details see below).
The Products from Native Instruments are protected by law. The intellectual property of the Products remains at Native Instruments. Licensee as purchaser of the Product acquires only the right to use Product to the following extent. Any other use or exploitation not explicitly granted to Licensee in this EULA shall not be allowed without written consent from Native Instruments. Specifically, Licensee is not entitled to copy or have copied, decompile or have decompiled, reverse engineer or have reverse engineered the Product or parts thereof. Licensee must ensure by appropriate and reasonable steps that third parties, including its own employees, cannot make unauthorized use of the Product. Licensee shall be liable to Native Instruments for any loss or damage in this context.
1. Native Instruments grants Licensee the non-exclusive right without restrictions in time or place to use the Products. Native Instruments is not obliged to cede the software underlying source code, including the associated development documentation.
2. Licensee may install and personally use the licensed software on two devices (e.g. one laptop, one work station), provided that the said software is used only on one device regularly. Simultaneous use on more than one hardware device is not permitted. If the single computer is connected to a multi-user system, this EULA shall apply to all users of the system. In case Licensee changes the hardware, all software on the hardware used must be deleted.
3. For the software products KOMPLETE/KOMPLETE ULTIMATE and MASCHINE, simultaneous installation on up to three computers is allowed, as long as only one installation is used at any given time.
4. Licensee may copy the licensed software, if such reproduction is necessary for the contractually agreed use. Licensee is authorized to create a backup, if this is necessary to secure the future use.
5. Licensee is not authorized to modify the software, unless it is to preserve or restore the agreed functions of the software purchased.
6. Licensee may only decompile or duplicate the software insofar as this is necessary to provide interoperability with other software programs, provided however, that upon Licensee's request Native Instruments did not make available the information needed for this purpose within a reasonable time.
7. Third Parties
a) Renting or lending the licensed Software to a third party is expressly forbidden. Apart from that and if not provided otherwise within this EULA, Licensee may leave the software to a third party for a certain amount of time, if the third party agrees to the terms of this EULA and Licensee does not use the software during this period.
b) Except if otherwise stated within this EULA, Licensee may resell the software to a third party or transfer the software permanently free of charge, provided the third party agrees in writing with this EULA and Licensee ceases all use of the software, completely removes all installed copies of the software from its computer and – if the software was not purchased via download – deletes or transfers the original data storage to the third party (if Licensee is not obliged to a longer storage by law). In addition, Licensee is required to de-register the purchased software with Native Instruments. Following respective request from Licensee via its email address registered with Native Instruments, the serial number of the Product will be transferred by Native Instruments to the third party, and at the same time the registration of Licensee for the software purchased will be deleted.
8. In case a sound library is part of the purchased Product the following shall apply in addition to the EULA (Sound License Agreement):
The provided samples, instruments and presets can be used for commercial or non-commercial music and audio productions without the prior permission from Native Instruments under the terms of this Sound License Agreement. The usage of this Product (in particular samples, instruments and presets) for the creation of a sound library or as a sound library for any kind of synthesizer, virtual instrument, sample library, sample-based product or other musical instrument is strictly prohibited. Individual samples, sound sets or audio loops may not be distributed (commercially or otherwise) standalone. Furthermore these samples, sound sets or audio may not be repackaged in whole or in part as audio samples, sound libraries or sound effects.
9. In addition, for certain Products from Native Instruments the following shall apply:
a) Bundles (product bundles consisting of hardware and software or software-only bundles) can only be resold / transferred as a whole. The individual components of a bundle must not be resold / transferred separately.
b) Any Products from Native Instruments labeled or otherwise provided to you as "NFR" (Not For Resale) shall only be used for demonstration, testing and evaluation purposes. NFR Products must not be used for commercial purposes, and must not be resold or transferred. NFR Products are exempt from update, upgrade or crossgrade offers, and cannot be purchased with or exchanged for vouchers or coupons. Furthermore, as an owner of a NFR Product, you are not entitled to any vouchers that ship with the standard version of the Product.
c) Any Products from Native Instruments labeled or otherwise provided to you as an EDU (Educational) version shall only be used by students or those working in educational institutions. This definition includes students, faculty, staff and administration attending and / or working at an educational institutional facility: private / public schools, colleges, universities and similar. EDU Products must not be used for commercial purposes, and must not be resold or transferred. EDU Products are exempt from update, upgrade or crossgrade offers, and cannot be purchased with or exchanged for vouchers or coupons. Furthermore, as an owner of an EDU Product, you are not entitled to any vouchers that ship with the standard version of the Product.
d) Any Products from Native Instruments labeled or otherwise provided to you as "Demo Versions" shall only be used for demonstration, testing and evaluation purposes. Demo Versions must not be used for commercial purposes, and must not be resold or transferred.
If you are not sure which license type you own – (FULL / NFR / EDU) – please check the sticker on the bottom of your Product box or contact our Support Team.
Some content included in Native Instruments software Products, as well as any associated intellectual property rights and titles, belongs to third parties. This content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms and conditions from the third party providing the content.
Copyright notices, serial numbers and other identification features of the program may not be removed from the software or altered in any way.
In regard to any warranty, liability and / or damage claims, the regulations in the General Terms and Condition of Native Instruments shall apply.
1. If any stipulation of this EULA should be or become invalid, either completely or in part, this shall not affect the validity of the remaining stipulations. The parties undertake instead to replace the invalid stipulation with a valid regulation which comes as close as possible to the purpose originally intended.
2. Insofar as Licensee is a merchant within the meaning of the German Commercial Code (HGB) or corporate body under public law or special fund under public law the place of jurisdiction and place of performance is Berlin, Germany. However, Native Instruments reserves the right to sue Licensee at Licensee's place of residence or place of business.
3. This EULA is governed by the laws of the Federal Republic of Germany.
Should you have any queries concerning this EULA, please write to this address:
NATIVE INSTRUMENTS GmbH
Legal Department
Schlesische Str. 29-30
10997 Berlin
Germany
SOFTWARE LICENSE AGREEMENTS OF THIRD PARTIES
The following licenses are only applicable if the respective related software or product referred to, is included in Native Instruments’ respective software.
Boost libraries
Copyright Joe Coder 2004 - 2006.
Distributed under the Boost Software License, Version 1.0.
(See copy at http://www.boost.org/LICENSE_1_0.txt)
Boost Software License - Version 1.0 - August 17th, 2003
Permission is hereby granted, free of charge, to any person or organization obtaining a copy of the software and accompanying documentation covered by this license (the "Software") to use, reproduce, display, distribute, execute, and transmit the Software, and to prepare derivative works of the Software, and to permit third-parties to whom the Software is furnished to do so, all subject to the following:
The copyright notices in the Software and this entire statement, including the above license grant, this restriction and the following disclaimer, must be included in all copies of the Software, in whole or in part, and all derivative works of the Software, unless such copies or derivative works are solely in the form of machine-executable object code generated by a source language processor.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
flacCopyright (C) 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007 Josh Coalson
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
- Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
- Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
- Neither the name of the Xiph.org Foundation nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE FOUNDATION OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Equi4Copyright (c) 1996-2007 Jean-Claude Wippler
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Fraunhofer/Thomson MPEG Layer-3 audio decoding technology licensed from Fraunhofer IIS and Thomson multimedia.
FreeTypePortions of this software are copyright © 2007 The FreeType Project (www.freetype.org). All rights reserved.GEAR Software
CD and DVD recording powered by GEAR - Copyright © 1998-2007 GEAR Software, Inc.
GPAC
GPAC is licensed under the LGPL license of the Free Software Foundation.
GNU LESSER GENERAL PUBLIC LICENSE (LGPL)
Version 3, 29 June 2007
Copyright © 2007 Free Software Foundation, Inc. <http://fsf.org/>
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
This version of the GNU Lesser General Public License incorporates the terms and conditions of version 3 of the GNU General Public License, supplemented by the additional permissions listed below.
0. Additional Definitions.
As used herein, “this License” refers to version 3 of the GNU Lesser General Public License, and the “GNU GPL” refers to version 3 of the GNU General Public License.
“The Library” refers to a covered work governed by this License, other than an Application or a Combined Work as defined below.
An “Application” is any work that makes use of an interface provided by the Library, but which is not otherwise based on the Library. Defining a subclass of a class defined by the Library is deemed a mode of using an interface provided by the Library.
A “Combined Work” is a work produced by combining or linking an Application with the Library. The particular version of the Library with which the Combined Work was made is also called the “Linked Version”.
The “Minimal Corresponding Source” for a Combined Work means the Corresponding Source for the Combined Work, excluding any source code for portions of the Combined Work that, considered in isolation, are based on the Application, and not on the Linked Version.
The “Corresponding Application Code” for a Combined Work means the object code and/or source code for the Application, including any data and utility programs needed for reproducing the Combined Work from the Application, but excluding the System Libraries of the Combined Work.
1. Exception to Section 3 of the GNU GPL.
You may convey a covered work under sections 3 and 4 of this License without being bound by section 3 of the GNU GPL.
2. Conveying Modified Versions.
If you modify a copy of the Library, and, in your modifications, a facility refers to a function or data to be supplied by an Application that uses the facility (other than as an argument passed when the facility is invoked), then you may convey a copy of the modified version:
a) under this License, provided that you make a good faith effort to ensure that, in the event an Application does not supply the function or data, the facility still operates, and performs whatever part of its purpose remains meaningful, or
b) under the GNU GPL, with none of the additional permissions of this License applicable to that copy.
3. Object Code Incorporating Material from Library Header Files.
The object code form of an Application may incorporate material from a header file that is part of the Library. You may convey such object code under terms of your choice, provided that, if the incorporated material is not limited to numerical parameters, data structure layouts and accessors, or small macros, inline functions and templates (ten or fewer lines in length), you do both of the following:
a) Give prominent notice with each copy of the object code that the Library is used in it and that the Library and its use are covered by this License.
b) Accompany the object code with a copy of the GNU GPL and this license document.
4. Combined Works.
You may convey a Combined Work under terms of your choice that, taken together, effectively do not restrict modification of the portions of the Library contained in the Combined Work and reverse engineering for debugging such modifications, if you also do each of the following:
a) Give prominent notice with each cop...
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