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Zero-G End User License Agreement:
IMPORTANT NOTICE: CAREFULLY READ THIS LICENSE BEFORE USING THE
ZERO-G AUDIO SAMPLES ON THIS PRODUCT. BY USING THE ZERO-G AUDIO
SAMPLES YOU ARE AGREEING TO ALL THE TERMS AND CONDITIONS OF THIS
ZERO-G END USER LICENSE AGREEMENT, AND YOU AGREE TO BECOME BOUND
BY THEM. IF YOU DO NOT ACCEPT THESE TERMS WE ARE UNWILLING TO
LICENSE THE ZERO-G AUDIO SAMPLES TO YOU AND YOU SHOULD NOT USE
THE ZERO-G AUDIO SAMPLES.
A. ZERO-G Limited ("ZERO-G") continues to own this copy of the
Zero-G Audio Samples and all other copies that you are authorized
by this Agreement to make. This license gives you the non-exclusive,
non-sublicensable, non-transferable right to use the Zero-G Audio
Samples on the following terms:
B. YOU MAY:
Use the Zero-G Audio Samples, subject to the provisions below.
A right to use the enclosed Zero-G Audio Samples is granted to
the original purchaser (end-user) of the product (LICENSEE) only.
The Zero-G Audio Samples are "in use" on a computer or other device
when they are loaded into the temporary memory or installed in
the permanent memory of that computer or device. The Zero-G Audio
Samples may be used for commercial or non-commercial purposes
provided they are used within musical compositions.
C. YOU MAY NOT:
(1) Rent, lend, lease, sell, assign, transfer or grant any rights
in all or any of the enclosed Zero-G Audio Samples, or use them
as components of any competitive product. All unauthorized giving,
trading, lending, renting, re-issuing, re-distributing or re-selling
of this product or any of the Zero-G Audio Samples it contains
are expressly prohibited.
(2) Transfer ownership of the CD-ROM(s) included with this product
or the Zero-G Audio Samples or programs contained therein. You
cannot re-sell or copy the CD-ROM(s). The license to use this
product is granted for a single user only. You cannot resell this
product as a used product to someone else because this is a non-transferable
license of the included Zero-G sound recordings.
(3) Modify, alter, translate, "Recycle", or create derivative
Zero-G Audio Samples for resale or other distribution based on
the Zero-G Audio Samples provided herein except where you have
combined them with other sounds within musical compositions.
(4) Reproduce or duplicate any of the Zero-G Audio Samples contained
in this product, either as they exist on the disc(s) or by any
means of reformatting, mixing, filtering, re-synthesizing, processing
or otherwise editing for use in another product or for resale,
without the express written consent of Zero-G Limited.
(5) Use these Zero-G Audio Samples in a mode of operation where
the Zero-G Audio Samples are unattended by an operator for any
purpose whatsoever, other than for personal use.
(6) Use these Zero-G Audio Samples for any form of public broadcast
or public performance (except where you have combined them with
other sounds within musical compositions).
(7) Distribute the Zero-G Audio Samples on a public bulletin board,
ftp site, World Wide Web site, or distribute them by any other
means. You cannot electronically transfer or post any Zero-G Audio
Samples from this product to another person or group of persons
over the Internet or place them in a computer/sampler network
to be accessed by multiple users.
(8) Use any of the included Zero-G Audio Samples in Multimedia/Game
Music projects except within original musical compositions.
D. CONTENT
ALL content in or on this product (including audio, graphic, textual
or video content) is the property of the applicable content owner
and may be protected by applicable copyright law. This License
gives you no rights to such content, other than as specified in
this Agreement.
E. LIMITED WARRANTY
ZERO-G MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THESE
ZERO-G AUDIO SAMPLES OR ABOUT ANY CONTENT OR INFORMATION THAT
ZERO-G HAS PROVIDED ON THESE CD-ROMS, FOR ANY PURPOSE. THE ZERO-G
AUDIO SAMPLES ARE PROVIDED "AS IS" WITHOUT EXPRESS OR IMPLIED
WARRANTIES, INCLUDING WARRANTIES OF SATISFACTORY QUALITY AND FITNESS
FOR A PARTICULAR PURPOSE.
THIS WARRANTY IS GIVEN IN LIEU OF ALL WARRANTIES, CONDITIONS,
TERMS, UNDERTAKINGS AND OBLIGATIONS IMPLIED BY STATUTE, COMMON
LAW, CUSTOM, TRADE USAGE, AND COURSE OF DEALING OR OTHERWISE,
ALL OF WHICH ARE HEREBY EXCLUDED BY THE FULLEST EXTENT PERMITTED
BY LAW.
F. LIMITATION OF LIABILITY
NEITHER ZERO-G NOR ITS SUPPLIERS, DEALERS, DISTRIBUTORS, AGENTS
OR EMPLOYEES, WILL BE LIABLE FOR (a) ANY INDIRECT, CONSEQUENTIAL,
SPECIAL OR INCIDENTAL DAMAGES OF ANY SORT, SUCH AS DAMAGES FOR
LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF DATA ARISING OUT
OF THE USE OF THESE ZERO-G DIGITAL AUDIO SAMPLES, WHETHER OR NOT
ZERO-G HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, OR
(b) FOR ANY CLAIM BY ANY OTHER PARTY.
G. GENERAL TERMS
All rights not expressly granted to you hereunder concerning the
Zero-G Audio Samples are reserved by Zero-G Limited. This license
is effective until terminated. Failure to comply with any provisions
of this license will result in automatic termination of this license
and may result in legal action. ZERO-G may terminate this License
at any time by delivering notice to you and you may terminate
this License at any time by destroying or erasing or uninstalling
your copy of the Zero-G Audio Samples. Upon termination, you agree
to destroy all copies of the Zero-G Audio Samples in your possession.
In the event of termination, the following sections of this License
will survive: D, E and F. This License is personal to you and
you agree not to assign your rights herein. Title, ownership rights,
and intellectual property rights in the Zero-G Audio Samples shall
remain in ZERO-G and/or its suppliers. You agree to abide by international
copyright law.
The Zero-G Audio Samples are provided with restricted rights.
In the event of any conflict between any provision of this Agreement
and any applicable law, the provision or provisions of this Agreement
affected shall be modified to remove such conflict and permit
compliance with such law, and as so modified this Agreement shall
continue in full force and effect. This Agreement shall be governed
by English law and shall be subject to the exclusive jurisdiction
of the English courts without reference to conflicts of laws principles.
H. ACKNOWLEDGEMENT:
You acknowledge that you have read this LICENSE and Limited Warranty,
understand them and agree to be bound by their terms and conditions.
You also agree that the LICENSE and Limited Warranty are the complete
and exclusive statement between the parties and supersede all
other communications between the parties relating to the subject
matter of the LICENSE or the Limited Warranty.
ZERO-G® is a registered trademark of ZERO-G Ltd. in the UK and/or
other countries.
Zero-G Ltd constantly monitors other Soundware releases to check
for copyright infringements, and will prosecute all piracy and
copyright violations to the fullest extent of the law.
IF YOU HAVE ANY QUESTIONS ABOUT THIS LICENSE OR THIS LIMITED WARRANTY,
PLEASE EMAIL OUR CUSTOMER SERVICE DEPARTMENT AT: information@zero-g.co.uk
Copyright ©2004 ZERO-G Limited. All rights reserved.
FREQUENTLY ASKED QUESTIONS ABOUT USING ZERO-G SOUND LIBRARIES:
• Do I have to pay additional licensing fees if my use of these
Zero-G sounds ends up on a hit record or other high-profile projects?
NO, your original purchase of the disc is your only license fee.
We hope you do get to use our sounds on a hit!
• Do I have to credit this Zero-G product if I use it on a recording?
NO, but it would be appreciated!!
• Can my writing partner, colleagues or friends use these Zero-G
sounds once I’ve bought the product?
NO, each person who uses the sounds must purchase their own copy
(which licenses them to use the sounds). Anyone other than the
original purchaser of the product, who uses the sounds is doing
it illegally - risking legal action against both them and their
clients!
• Are these samples legally safe to use?
YES, we guarantee that all Zero-G libraries are 100% copyright
clean and that you can use them safely in your music.
• Can I offer these sounds to clients as part of my recording
studio or rental company services?
NO, sorry, but each person who uses the sounds (the creative person)
has to be a licensed user. This situation could cause tremendous
legal problems for studio or rental clients.
• Can I use these Zero-G sounds to make “Music Libraries”?
YES, unlike some Soundware companies, this is allowed with Zero-G
products. The samples have to be used within a musical context,
however, and cannot be presented isolated or “solo’ed”. So, for
the purposes of creating so called ‘library music’ clips or ‘production
music’ clips intended for commercial exploitation, the included
sound samples may be used ‘in combination’ within musical compositions.
For such usage, any rhythm loop samples (which Zero-G regards
as being musical clips in themselves) must also be combined with
other types of samples or sounds to effectively form a new composition,
rather than simply being looped. The general idea is that you
should not use Zero-G sounds "as is" to make products
that effectively could be considered to be a form of sound library
that may compete against the source Zero-G product in the market.
• Is it OK to loan the product to a friend to check it out as
long as I bought it?
NO, please don’t let your copy out of your possession. Instead,
show them the sounds in person.
• Can I post my favourite Zero-G sounds to people or sites on
the Internet?
NO, but you’re welcome to comment on them! All forms of user copying
and distribution are prohibited.
• Is it OK to sell the product used to someone else if I’m finished
with the project that I needed it for?
NO, this is VERY IMPORTANT. Unlike your musical gear or even software,
you can’t give away or sell this product used to someone else
- YOU DIDN’T PURCHASE THE SOUND LIBRARY, YOU PURCHASED A LICENSE
TO USE OUR SOUND RECORDINGS IN YOUR MUSIC. The disc(s) are merely
the containers of the sounds we licensed to you. The license you
bought is not transferable to another person.
• When there is a demo song on the product, can I use it?
NO, these are the only samples on the product that you cannot
use, since they’re for demonstration purposes only.
• Can I use these sounds in Multimedia projects?
MAYBE. If you use them in a musical context then YES, but it is
best to have all multimedia use cleared with Zero-G first. A “musical
context” specifically means that you are using the sounds to create
a new musical composition or arrangement. Any other application
such as sound FX, icon sounds, ambiences, game noises, etc is
not generally allowed without an additional license from Zero-G.
• As a freelance sound designer, can I put custom compilation
discs together which include Zero-G sounds for my composer clients?
NO, not unless they already own the original Zero-G products.
Remember that each person who uses the sounds MUST have a license
to use them. Otherwise, they can get in serious legal trouble.
• Is there any limit to how often or how long I can use these
samples in my music?
NO, you’re free to use them in as many musical recordings as you
want. We hope that you find them inspiring and useful for many
years to come!
• Why does any of this matter?
Basically, if you respect our work by purchasing the sounds, we’ll
be able to make more exciting products. You may also be asked
some of these same questions by people who are contracting your
services and this information can protect you and your clients
from potential misuse of Zero-G sounds. You can avoid legal hassles
if you use this product properly.
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