No part of the Licensed Material (as this term is hereinafter defined) may be reproduced or transmitted in any form or by any means for any purpose except as described in this End User License Agreement. Please take note of the Art Vista watermarking policy.
END USER LICENSE AGREEMENT
The following information represents the contractual conditions for the use by you, the final user (hereinafter, sometimes referred to as the "Licensee") of the Art Vista Productions Licensed Material. By installing the Licensed Material on your computer, or by registration, or by downloading the Licensed Material, you are declaring yourself to be in agreement with the contractual conditions, so please read the following text carefully. If you are not in agreement with these conditions, you must not install or download the Licensed Material.
1. Object of the Contract. The object of the contract consists of the audio recordings included in the downloads, the audio recordings on the supplied CD(s) or DVD(s), as applicable, original programming utilized in the product (including, but not limited to, custom scripting), and photographs, graphics, and other images and editorial material, (including, but not limited to, the relevant usage instructions). These are described hereinafter as "Licensed Material," whether consisting of audio recordings, custom scripting, visual artwork, or editorial material, or any other material subject to copyright or patent protection.
2. Scope of Use. Art Vista Productions grants the Licensee, for the duration of this contract, the nonexclusive, nontransferable license to use the Licensed Material within musical compositions. Licensee may use the Licensed Material within musical compositions on a commercial and non-commercial basis without paying an additional license fee or providing source attribution to Art Vista Productions. This license expressly forbids resale, lease or lending or other distribution of the Licensed Material, or any protected elements thereof, either as it exists on these discs, in the downloads, or within any modifications thereof. You may not place the Licensed Material in a computer/sampler network to be accessed by multiple users unless you have acquired a license for each separate computer having access to the Licensed Material. This license permits only your personal use of the Licensed Material on up to two (2) separate computers, which computers shall be owned and used by you exclusively. If you need more, special arrangements may be made on a case-by-case basis. Licensee may not record any of the samples comprising the Licensed Material for use by themselves in a soloed or layered, single-note, or, non-melodic context in a music library, sound effects library, sample library, or virtual instrument. Licensee must take all reasonable steps necessary to protect the Licensed Material from distribution to third parties in violation of copyright laws and other laws protecting intellectual property.
3. Art Vista Productions’ Rights over the Licensed Material; Watermarking Policy. The Licensed Material product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The audio recordings, original software programming, photographs, graphics, and other images and editorial material comprising the Licensed Material and the copyright and all other intellectual property rights thereto remain the property of Hans Adamson and Art Vista Productions. We put a lot of time and effort in our products and strive to keep the prices low. In order to continue making products and servicing you, we must be able to get a fair return on our efforts and must therefore enforce our copyright and other rights against any form of piracy or other violation of our rights. Please note that the Licensed Material is for your use only and is not to be shared. Our products are imbedded with a digital watermark unique to your download of the product which means that the source of any unlawful distribution can be traced.
4. Return Policy. Please understand that all download sales are final and no refunds will be issued once a download transaction has begun.
5. Limited Warranty/Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ART VISTA PRODUCTIONS 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 LICENSED MATERIAL. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ART VISTA PRODUCTIONS, 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 LICENSED MATERIAL) WHETHER OR NOT SAME HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, OR OF ANY CLAIM BY ANY OTHER PARTY.
6. General Terms.
(a) All rights not expressly granted to Licensee hereunder are reserved by Art Vista Productions.
(b) 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. Upon termination, Licensee agrees to destroy all copies of the Licensed Material in Licensee’s possession. In the event of termination, the following sections of this license will survive: 3, 5, and 6.
(c) This license shall be governed by California law applicable to contracts fully negotiated, executed and performed therein. Only the California 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 Los Angeles County, and not elsewhere.
(d) 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.
(e) You acknowledge that you have read this license and understand it and agree to be bound by its terms and conditions.