Antiquity Music End User License Agreement

THIS END USER LICENSE AGREEMENT ("AGREEMENT" OR "EULA") BETWEEN YOU AND ANTIQUITY MUSIC LLC ("ANTIQUITY MUSIC") GOVERNS THE USE OF SOFTWARE AND SOUND RECORDINGS, AS WELL AS ANY RELATED MEDIA, DOUMENTATION (FOR EXAMPLE, PROGRAM MANUALS), AND OTHER MATERIALS, MANUFACTURED BY ANTIQUITY MUSIC (COLLECTIVELY THE "PRODUCT(S)"). BY INSTALLING OR USING THE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE PRODUCT. ALL DOWNLOAD SALES ARE FINAL AND YOUR PURCHASE IS NOT REFUNDABLE, SO PLEASE REVIEW YOUR PRODUCT AND READ THIS AGREEMENT CAREFULLY BEFORE PURCHASING.

  1. Rights and Watermarking. The Antiquity Music software and sounds, any related media, documentation, and other materials manufactured by Antiquity Music, and any third-party software (including any content), documentation and any fonts accompanying this Agreement whether on disk, in read only memory, on any other media or in any other form (collectively the "Product") are hereby non-exclusively licensed (the "License"), not sold, to you by Antiquity Music LLC ("Antiquity Music") for use only under the terms of this Agreement, and Antiquity Music reserves all rights not expressly granted to you. You own the media on which the Product is recorded but Antiquity Music and/or Antiquity Music's licensor(s) retain ownership of the Product itself. The terms of this Agreement will govern any Product upgrades provided by Antiquity Music that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern. The Product is protected by trade secret law, United States copyright law, by other intellectual property laws and by international treaties. Portions of the Product utilize or include third party software and other copyrighted content. Acknowledgements, licensing terms and disclaimers for such content are contained in the "online" electronic documentation for the Product. Title, ownership rights, and intellectual property rights in and to any content displayed by or accessed through the Product belongs to the respective content owner. Such content may protected by trade secret, copyright or other intellectual property laws and international treaties, and may be subject to terms of use of the third party providing such content. This Agreement does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you. Any unauthorized use, distribution, or reproduction of the Product is not permitted, shall constitute a violation of law, and shall entitle Antiquity Music to, in addition to any other remedy at law or equity, injunctive relief. It is unlawful and criminal to deliberately circumvent, alter, or delete technological measures of protection and information that identifies the Product, its owner and the terms and conditions for its use.  Please note that the Product has been imbedded with watermarks specific to the serial number you have been given for this product.  If the product ends up in other people’s music, you will be held legally responsible, so keep this product only for yourself.  You further agree to make best efforts to protect this product from unauthorized copying or use.
  2. License Uses and Restrictions.
    A. Subject to the terms and conditions of this Agreement, you are granted a limited non-exclusive license to install and use one copy of the Product on one computer. You may be required to purchase, authorize and use a Pace iLok security key (not included) to access the Product. You may not make the Product available over a network where it could be used by multiple computers at the same time, without obtaining from Antiquity Music an additional license for each additional concurrent user of the Software. The Software is "in use" on a computer when loaded into memory (RAM). You may make one copy of the Product solely for backup or archival purposes if all copyright and other notices are reproduced on that copy, or you may copy the Software to a single hard disk provided you keep the original solely for backup or archival purposes. If the Product is an upgrade, you must have a license for the product from which it is upgraded.  If you receive the Product in more than one media form, that does not affect the number of licenses you are receiving or any other term of this Agreement.
    B. The Product is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor. Except as otherwise indicated, you may use the Antiquity Music and third-party sound recording content (including, but not limited to, the Antiquity Music loops, built-in sound files, samples, impulse responses, and related presets) (collectively the "Sound Recordings"), contained in or otherwise included with the Product, on a royalty-free basis, to create sound recordings embodying your own original compositions, non-copyrighted compositions (i.e. public domain compositions), or compositions you are legally authorized permitted to reproduce and distribute, for your film, video and audio projects ("Soundtracks"). You may broadcast or distribute such Soundtracks that were created using the Product; however, individual Antiquity Music loops, audio files, sound settings, samples and impulse responses may not be commercially or otherwise distributed on a standalone basis, nor may they be repackaged in whole or in part as audio samples, sound files, sound effects or music beds. You may use Antiquity Music's trademarks to, and only to, identify the Product that was used to produce the Soundtracks used for this foregoing limited purpose, in accordance with accepted trademark practice, including identification of the trademark owner’s legal name.
    C. The usage of the Product 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 or be used in any competitive product.
    D. You may not, and you agree not to, or to enable others to, copy (except as and only to the extent permitted in this Agreement), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Product or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law).
    E. The export of the Software from the United States and re-export from any other country is governed by the U.S. Department of Commerce under the export control laws and regulations of the United States and by any applicable law of such other country. You may not use or otherwise export or reexport the Product except as authorized by United States law and the laws of the jurisdiction in which the Product was obtained. You also agree that you will not use the Product for any purposes prohibited by United States law.
    F. You may use Antiquity Music's trademarks only to identify sound recordings produced by the Product, in accordance with accepted trademark practice, including identification of the trademark owner’s name. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software.
    G. Updates. If an Product update or upgrade completely replaces (full install) a previously licensed version of the Product, you may not use both versions of the Antiquity Music Software at the same time nor may you transfer them separately.
    H. NFR (Not for Resale) Copies. Notwithstanding other sections of this Agreement, Product(s) labeled "NFR" or "Not For Resale" or otherwise provided to you for development or on a promotional basis may only be used for development, demonstration, testing and evaluation purposes and may NOT be used for any revenue generating activity that includes the use of the Product without the written consent of Antiquity Music. If you are not sure which license type you own (LICENSE / NFR), please check your iLok account.
    I. EDU (Educational) Copies. You must be an Eligible Educational End User to purchase or use an Educational/EDU copy of the Product. "Eligible Educational End Users" means students, faculty, staff and administration attending and/or working at an educational institutional facility (i.e., college campus, public or private K-12 schools). Any Product provided for this purpose may NOT be used for any revenue generating activity that includes the use of the Product without the written consent of Antiquity Music
    J. Restrictions on Transfer. The right to use the Product is granted to the original end-user of the product ("Licensee") and is NOT transferable. You shall not modify, rent, lease, lend, sell, redistribute, electronically transmit, merge, or sublicense the Product
  3. Data Usage. You agree that Antiquity Music and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Product, and to verify compliance with the terms of this Agreement. Antiquity Music may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
  4. Termination. The License shall be effective until terminated. The License will terminate automatically without notice from Antiquity Music if you fail to comply with any term(s) of this Agreement. Upon termination of the License, you shall cease all use of the Product and destroy all copies, full or partial, of the Product. All of Antiquity Music's rights under this Agreement will survive termination of the License. Termination is not an exclusive remedy and all other remedies will be available to Antiquity Music whether or not the License is terminated.
  5. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE PRODUCT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ANTIQUITY MUSIC AND ANTIQUITY MUSIC'S LICENSORS (COLLECTIVELY REFERRED TO AS "ANTIQUITY MUSIC" FOR THE PURPOSES OF SECTIONS 7 AND 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ANTIQUITY MUSIC DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PRODUCT, THAT THE FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PRODUCT WILL BE CORRECTED. YOU FURTHER ACKNOWLEDGE THAT THE PRODUCT IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY THE PRODUCT COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE DAMAGE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANTIQUITY MUSIC OR AN ANTIQUITY MUSIC AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE PRODUCT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
  6. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ANTIQUITY MUSIC BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PRODUCT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ANTIQUITY MUSIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Antiquity Music's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of the purchase price you paid for the Product. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
  7. Government Licenses. This section applies to all acquisitions of the Product by or for the federal government, or by any prime contractor or subcontractor (at any tier) under any contract, grant, cooperative agreement or other activity with the United States government (collectively, the “Government”). The Product and any related documentation are "Commercial Items", within the meaning of the acquisition regulation(s) applicable to this procurement as defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. These terms and conditions alone will govern the Government’s use of the Product and will supersede any conflicting contractual terms or conditions. Unpublished rights are hereby reserved under United States copyright laws. If the license granted by these terms and conditions fails to meet the Government’s needs or is inconsistent in any respect with Federal law, the Government must return the Software unused to Antiquity Music. Contractor/Manufacturer is Antiquity Music LLC, 12405 Venice Blvd. #321, Los Angeles, CA 90066.
  8. User Information. When you activate the Product, Antiquity Music may collect your name and email address and other contact information you choose to provide.  Antiquity Music may use this information to contact you regarding upgrades and new products, and also to gather statistical data that does not identify individual users.
  9. Choice of Law. This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law provisions, as applied to agreements entered into and to be performed entirely within California between California residents. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
  10. Severability. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
  11. Entire Agreement. This Agreement constitutes the complete agreement between the parties with respect to the use of the Product licensed hereunder and supersedes all prior or contemporaneous understandings or communications regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Antiquity Music. 
  12. Headings; Governing Language. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefromAny translation of this Agreement is done for local requirements. In the event of a dispute between the English and any non-English versions of this Agreement, the English version of this Agreement shall be controlling in all aspects.