END USER LICENSE AGREEMENT

YOU MAY NOT USE THE SOFTWARE OR THE SERVICES (EACH AS DEFINED BELOW) UNLESS YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS.  BY PURCHASING A COPY OF ANY SONALSYSTEM PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS END USER LICENSE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

Your use of the official SonalSystem website (the “Website”) located at www.sonalsystem.com, including without limitation all sound recordings, musical compositions, sound effects, presents, samples, instruments, audiovisual recordings, text, graphics, information, newsletters, photographs, and other related content made available through the Website (the “Content”) is expressly conditioned on your acceptance of and agreement to this End User License Agreement (the “Agreement”).  This Agreement constitutes a license agreement between you and allenmorganaudio LLC dba SonalSystem (“SonalSystem”) and sets forth the terms and conditions which apply to your use of the Website and the Content (collectively, the “Services”).

You may only use the Services if you are thirteen (13) years old or older, and you assume the obligations provided in this Agreement, and assume full responsibility for your use of the Services.  Any person who provides their personal information to SonalSystem through this Website represents that they are thirteen (13) years of age or older.

If you do not agree with any of SonalSystem’s guidelines, rules, or any part of this Agreement, you must not use the Services.  SonalSystem reserves the right to modify this Agreement at any time.  Your continued use of the Services following the posting of any changes to this Agreement means that you accept and agree to abide by such changes.  If you do not comply with this Agreement at all times when using the Services, SonalSystem reserves the right to deny or restrict your access to the Services.

 

1. LICENSE

SonalSystem grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use Content to create a live or recorded work that includes the Content as part of a derivative musical work, subject to the terms and conditions of this Agreement.  The foregoing license is granted for a single-user who has purchased a lawfully made copy of this product.  The Content can be authorized on no more than two (2) systems simultaneously, unless authorized in writing by SonalSystem in its sole discretion.  All rights not expressly granted herein are exclusively reserved by SonalSystem.  For clarity, the provided samples, instruments and presents contained in the Content can be used for commercial or non-commercial music and audio productions without prior permission from SonalSystem, subject to the terms and restrictions of this agreement.

 

2. RESTRICTIONS

You agree not to, and you will not permit others to:

a. Use or include any Content in any other virtual instrument or library of any kind, which includes, but is not limited to, resampling, mixing, processing, isolating or embedding into software or hardware for the purpose of re-recording or reproduction as part of any sample library, sound effects catalog, software or virtual instrument;

b. Use, display, or exploit any Content (including, without limitation, individual samples, sound sets or audio loops) on a standalone basis, as all use of the Content must be incorporated within a derivative musical composition;

c. Create any derivative musical composition in which the loop comprises the entire composition.  All loops must be used in a musical context with at least two other instruments, or other loops that contribute significantly to the composition;

d. Use the demonstration mix track files or recreate the demonstration mix track for any purpose;

e. Interfere with any other user’s use and enjoyment of the Services;

f. Delete or modify any legal notices, proprietary notices (including trademark or copyright symbols), or disclaimers that you do not own or have written permission to delete or modify;

g. Use the Services for any harmful or unlawful purpose, including engaging in or attempting to engage in criminal activity;

h. Submit, post, upload, distribute or otherwise make available any material that may contain a computer virus or other harmful material or otherwise impair, interrupt, destroy or limit the functionality of any software, hardware or equipment;

i. Attempt to gain unauthorized access to SonalSystem’s or Shopify’s computer systems.

    3. OWNERSHIP

    All title and intellectual property rights to the Services are owned by allenmorganaudio LLC and its affiliates or by applicable parties that own and/or control the Content made available through the Service, and are protected by copyright laws and international copyright treaties.  Trademarks, trade names, service marks, copyrights and logos of allenmorganaudio LLC may not be used or copied in any manner without express prior written consent.  All other trademarks, trade names, service marks, copyrights, and logos appearing on the Services are the property of their respective owners.  You shall not reproduce, sell, transfer, advertise, license, use, exploit or dispose of the Services; modify, reverse-engineer, decompile or disassemble the Services; or cause, permit or authorize others to do any of the above.

     

    4. RETURNS / REFUNDS

    All SonalSystem products are sold “as is” with no warranty or refund privileges, unless the product is proven defective.  If a product is defective, the end user must contact SonalSystem within 30 days after the time of purchase with defective claim to receive. No money will be refunded, however a new copy of the product will be sent to replace any defective product.  Download, ISP, or installation problems, do not constitute a defective product, nor general tech support issues, such as, but not limited to CPU/Disk handling, hard drive speeds, and networks.  SonalSystem maintains no responsibility for material that does not properly translate to formats not originally programmed in, offered in, intended for, or systems that do not meet the minimum published system requirements. In addition, technical issues relating to Shopify do not meet defective requirements and should be directed to Shopify support.

     

    5. TERM

    This license agreement is effective from the moment the product is installed. The license will be terminated if any of the terms and conditions of this Agreement are broken and the license will be revoked. Upon termination you agree to destroy all copies of the Content and you will remain accountable to all terms and copyrights stated in this Agreement.  SonalSystem retains the right to seek restitution for any and all damages incurred by violations of the Agreement at your expense.

     

    6. DISCLAIMER OF WARRANTIES.

    THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  SONALSYSTEM DOES NOT GUARANTEE OR WARRANT CONTINUOUS, UNINTERRUPTED OR ERRORFREE ACCESS OR USAGE OF THE SERVICES, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THIS SECTION WILL BE ALLOWABLE TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.

    SONALSYSTEM DOES NOT MAKE ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, OR MAKE ANY REPRESENTATIONS REGARDING ANY CONTENT, INFORMATION, SERVICES OR PRODUCST OBTAINED OR PROVIDED THROUGH OR IN CONJUNCTION WITH THE SERVICES.  NEITHER SONALSYSTEM, NOR ITS AFFILIATES, MAKE ANY GUARANTEE REGARDING THE ACCURACY, CORRECTNESS, TIMELINESS, SEQUENCE, RELIABILITY OR COMPLETENESS OF ANY CONTENT PROVIDED BY THE SERVICES.  THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USER OF THE SERVICES.  ANY CONTENT OR OTHER INFORMATION OR MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT THE USER’S OWN RISK.  THE USER WILL BE SOLELY RESPONSIBLE FOR, AND WILL ASSUME THE ENTIRE COST OF, ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY DAMAGE OR LESS DUE TO CONTENT, OR ANY OTHER MATERIAL OR INFORMATION THE USER OBTAINS FROM THE SERFVICES.  SONALSYSTEM IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE. ANY HYPERLINK TO ANOTHER SITE DOES NOT IMPLY AN ENDORSEMENT, INVESTIGATION, VERIFICATION OR MONITORING BY SONALSYSTEM OF ANY INFORMATION ON THAT WEBSITE.

     

    7. LIMITATION OF LIABILITY.

    TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ALLENMORGANAUDIO LLC, ITS AFFILIATES, SUBSIDIARIES OR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, THIRD PARTY VENDORS, CONTRACTORS, TECHNOLOGY OR CONTENT PROVIDERS (THE “AMA PARTIES”) HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR DEATH, PERSONAL INJURY OR ANY COSTS, LIABILITIES OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR THE PERFORMANCE OR BREACH OF THIS AGREEMENT, OR YOUR OR ANY OTHER PERSON’S USE OF, OR INABILITTY TO USE, THE SERVICE.  THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE FORM OF ACTION, AND REGARLDESS OF WHETHER ANY OWNER PARTY KNOWS OR HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANY OTHE RPROVISIONS OF THIS AGREEMENT WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF ALLENMORGANAUDIO LLC UNDER THIS AGREEMENT AND WITH RESPECT TO THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID FOR THE SPECIFIC ITEM OF CONTENT GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES.

     

    8. INDEMNIFICATION

    You agree to indemnity, defend and hold the AMA Parties harmless from any loss, liability, claim or demand, including costs and reasonable attorneys’ fees, made by any third party, due to, in connection with or arising out of your use of the Services or Content, your violation of any terms or conditions of this Agreement, your violation of applicable laws, or your violation of any rights of another person or entity.

     

    9. MISCELLANEOUS

    The failure of SonalSystem to exercise or enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision. If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.  SonalSystem will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood or war.  The section titles in this Agreement are provided solely for convenience and have no legal significance.  This Agreement is governed by and construed under the laws of the State of Tennessee, excluding its conflict of law provisions.