Terms And Conditions
Licensing Agreement
The following End User License Agreement ("EULA") represents the contractual conditions between you ("Licensee") and Cymatic Form (“Owner”). 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.
1. License Grant
The license for this product is granted only to a single user. No unlicensed use is permitted. You may use the product(s) on up to two computers which shall be owned and used by you exclusively. The software and/or samples are licensed, but not sold, to the licensed user by Cymatic Form, for commercial and non-commercial use in the production of music, sound-effect, audio/video post-production, performance, broadcast, video game audio development or similar finished content-creation and production use. Cymatic Form allows you to use any of the sounds and samples in the library(s) you’ve purchased for commercial recordings without paying any additional license fees or providing source attribution to Cymatic Form.
This license also expressly forbids any inclusion of content contained within this library, or any other Cymatic Form library, into any other virtual instrument or library of any kind, without our express written consent. This license forbids any re-distribution method of this product, or its sounds, through any means, including but not limited to, re-sampling, mixing, processing, isolating, or embedding into software or hardware of any kind, for the purpose of re-recording or reproduction as part of any free or commercial library of musical and/or sound effect samples and/or articulations, or any form of musical sample or sound effect sample playback system or device or on a stand alone basis.
2. Rights
The product, including accompanying documentation, is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Cymatic Form retains full copyright privileges and complete ownership of all recorded sounds, instrument programming, documentation and musical performances included in this product. Any rights not specifically granted herein are reserved by Cymatic Form.
Any unauthorized use, distribution or reproduction of the product shall not be permitted, shall constitute a violation of law, and shall entitle Cymatic Form to, in addition to any other remedy at law or equity, injunctive relief. It is unlawful to deliberately circumvent, alter or delete technological measures of protection and information provided by Cymatic Form which identifies the products, its owner and the terms and conditions for its use.
3. Terms
This license agreement is effective from the moment the product is installed by any means. The license will remain in full effect until termination. The license is terminated if you break any of the terms or conditions of this agreement. Upon termination you agree to destroy all copies and contents of the product at your own expense. Cymatic Form reserves the right to change this license agreement without notice. In the event of termination, the following sections of this license will survive: 2, 3, 4 and 8.
4. Disclaimer Of Warranty
THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CYMATIC FORM DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF SATISFACTORY QUALITY, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER CYMATIC FORM, ITS SUPPLIERS, DEALERS, DISTRIBUTORS, NOR THE AGENTS OR EMPLOYEES OF THE FOREGOING WILL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES OF ANY SORT, (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF DATA ARISING OUT OF THE USE OF THE PRODUCT) WHETHER OR NOT SAME HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, OR OF ANY CLAIM BY ANY OTHER PARTY.
5. LIMITATION OF LIABILITY.
Under no circumstances and under no legal theory will Owner’s liability hereunder exceed the price paid by you for the Software.
6. Responsibility
Use of this product and any associated software or data is at the licensee’s own risk. By installing the product, the User accepts sole liability and full responsibility for any direct or indirect loss or damages arising from the purchase, installation or any use whatsoever of this product.
7. Sales and Returns
Due to the nature of installation and authorization of the purchased software, Cymatic Form does not accept returns. All sales are final. By placing your order, you are signifying that you fully acknowledge your understanding that Cymatic Form reserves the right to grant or deny any requests for refund, transfer or resale according to its own discretion.
8. General Terms
1. This license shall be governed by Utah law applicable to contracts fully negotiated, executed and performed therein. Only the Utah courts (state and federal) shall have jurisdiction over controversies regarding this license; any proceeding involving such a controversy shall be brought in those courts, in David County, and not elsewhere. In the event of any claim arising from the breach or alleged breach of the terms of this license, the prevailing party shall be entitled to reasonable attorneys’ fees and court costs.
2. You agree that this license contains the complete agreement between the parties hereto, and supersedes all other communication, relating to the subject matter of the license.
3. You acknowledge that you have read this license and understand it and agree to be bound by its terms and conditions.