Fable Sounds – END USER LICENSE AGREEMENT
SOUND RECORDING & SOFTWARE LICENSE/DISCLAIMER OF WARRANTY
THIS LEGAL DOCUMENT IS AN AGREEMENT BETWEEN YOU AND FABLE SOUNDS LLC. BY INSTALLING THE SOFTWARE AND OR SOUND RECORDING, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE SOFTWARE AND OR SOUND RECORDING LICENSE AND SOFTWARE AND OR SOUND RECORDING DISCLAIMER OR WARRANTY, WHICH CONSTITUTES THE COMPLETE AGREEMENT BETWEEN US (collectively the “Agreement”). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL THE SOFTWARE AND OR SOUND RECORDING. DELETE THE INSTALLATION PROGRAM AND PROMPTLY CONTACT FABLE SOUNDS LLC BY E-MAIL TO OBTAIN A FULL REFUND. SHOULD YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, YOU MAY CONTACT FABLE SOUNDS LLC BY WRITING TO: FABLE SOUNDS LLC BY EMAIL TO: info@fablesounds.com.
FABLE SOUNDS LLC Software and Sound Recording License
- LICENSE. In consideration of payment of the license fee, FABLE SOUNDS LLC as LICENSOR, grants to you, the LICENSEE, a nonexclusive right and license to use this copy of the software, sound recording(s), voicing data, synthesizer data, midi data and supporting documentation (hereinafter, the “Work”) as a sole user on up to two (2) computers. FABLE SOUNDS LLC reserves all rights not expressly granted to LICENSEE.
- OWNERSHIP OF WORK. As LICENSEE, you own the physical media on which the Work is recorded or fixed, but FABLE SOUNDS LLC retains title to and ownership of all copyrights and other rights in the Work regardless of the form of media in or on which the original and other copies may exist. This license is not a sale of any rights in or to the Work.
- COPY RESTRICTIONS. This Work and the accompanying written materials are copyrighted. Unauthorized copying of the Work, including Work that has been modified, merged or included with other Work, or of the written materials is expressly forbidden. You are responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this License. Subject to these restrictions, you may make up to one (1) copy of the Work solely for backup purposes. You must reproduce and include the copyright notice on all backup copies.
- USE AND TRANSFER RESTRICTIONS. You may transfer the Work from one computer to another, provided that the Work is installed on up to two (2) computers at a time and used solely by you, the LICENSEE. You may not electronically transfer the Work over any network or distribute copies of the Work (including written material) to others. You may not resell or otherwise distribute the Work or any derivative work thereof, either as it exists on disc, reformatted for use in another digital sampler, or mixed, combined, filtered, resynthesized, or otherwise edited, for use as sounds, multisounds, samples, multisamples, wavetables, programs or patches in a game product, sampler, microchip or any sample playback device. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative Works based on the Work or the written materials. This Work may not be transferred to anyone without the prior written consent of FABLE SOUNDS LLC. Any authorized recipient of the Work must agree to be bound by the terms and conditions of this Agreement.
- TERMINATION. This license is effective from the moment of purchase and remains in effect until terminated. This license will terminate automatically without notice from FABLE SOUNDS LLC if you fail to comply with any provision of the License. Upon termination you shall destroy the written materials and all copies of the Work, including modified copies, if any.
DISCLAIMER OF SOFTWARE AND SOUND RECORDING WARRANTY
THIS WORK AND ACCOMPANYING WRITTEN MATERIAL (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. FABLE SOUNDS LLC DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE WORK OR WRITTEN MATERIALS IN TERMS OF QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE WORK AND ANY EFFECT THE WORK MAY HAVE ON ANY COMPUTER AND/OR OTHER WORK USED BY YOU IS ASSUMED BY YOU. IF THE WORK OR WRITTEN MATERIALS ARE DEFECTIVE, YOU, AND NOT FABLE SOUNDS LLC OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
FABLE SOUNDS LLC EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND A NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FABLE SOUNDS LLC, ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY FROM FABLE SOUNDS LLC, OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
NEITHER FABLE SOUNDS LLC NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE SUCH PRODUCT EVEN IF FABLE SOUNDS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
If you are a unit of the Department of Defense (“DOD”), you acknowledge that the Work is licensed only with “Restricted Rights”, and use, duplication, or disclosure is subject to restrictions as set forth in subdivision (c)(1)(ii) of the Rights in Technical Data and Computer Work clause at 252.227.7013 of the DOD Supplement to the Federal Acquisitions Regulations and its successors. If you are a civilian agency, you acknowledge that the Work is licensed only with “Restricted Rights”, and use, reproduction or disclosure is subject to restrictions set forth in subparagraph (a) through (c)(2) of the Commercial Computer Work-Restricted Rights clause at 52.227.19 of the Federal Acquisition Regulations and its successors.