You shall not remove any product identification, trademark, copyright or other notices contained in or provided with the Software.ĥ. Native Instruments USA retains all rights not expressly granted in this Agreement. Intellectual Property Ownership. The copyrights, patents, trade secrets, trademarks, and all other intellectual property rights in the Software (including any images, photographs, animations, video, audio, music and text incorporated therein or provided therewith) are owned by Native Instruments USA or its affiliates or licensors and are protected by the copyright, trademark, patent and other intellectual property laws of the United States and other countries, as well as by international treaty provisions. Any such transfer must include the most recent update and all prior versions.Ĥ. You may not loan, rent, lease or license the Software, or use the Software as a service bureau, as an application service provider, to perform consulting or training services for a third party or in any commercial time share arrangement, but You may permanently transfer your rights under this Agreement provided that You transfer this Agreement, the Software, and all accompanying printed materials and retain no copies, and the recipient agrees to the terms of this Agreement. You may not modify, adapt, decompile, disassemble or otherwise reverse engineer the Software, except to the extent this restriction is expressly prohibited by applicable law, nor may You create derivative works based upon the Software, or permit third parties to do so. If You receive the Software in more than one media, that does not affect the number of licenses You are receiving or any other term of this Agreement.ģ. If the Software is an upgrade, You must have a license for the Software from which it is upgraded. You may make one copy of the Software 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 that You keep the original solely for backup or archival purposes. The Software is “in use” on a computer when loaded into memory (RAM). If more than one user will be using the Software at any one time, You must obtain from Native Instruments USA an additional license (or licenses, as applicable) for each additional concurrent user of the Software. License Grant. Subject to the terms and conditions of this Agreement, Native Instruments USA hereby grants to You, the Licensee, a non-exclusive license to use the Software accompanying this Agreement whether in printed, “online” or electronic form, either on a stand-alone computer or on a network, on any one computer at any one time. In the event of any conflict between this Agreement and the Subscription Terms, the Subscription Terms shall take precedence for subscribers provided, however, that, with respect to the download, installation and use of the Software by any user, this Agreement, and the Subscription Terms as applicable, shall take precedence over any other agreement between You and Native Instruments USA, including but not limited to purchase order or procurement terms and conditions.Ģ. If You purchase the Software on a subscription basis, either monthly or yearly, your use of the Software is further governed by Native Instruments USA's Subscription Terms and Conditions (“ Subscription Terms”), which terms are incorporated herein by this reference. YOU (WHETHER AN INDIVIDUAL OR DULY AUTHORIZED REPRESENTATIVE OF A LEGAL ENTITY) WARRANT AND AGREE THAT YOU HAVE THE LEGAL CAPACITY AND AUTHORITY TO ENTER INTO A BINDING AGREEMENT, THAT YOU SHALL ADHERE TOTHE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, AND THAT YOU SHALL USE THE SOFTWARE ONLY IN ACCORDANCE WITH THIS AGREEMENT AND WITH ALL APPLICABLE LAWS.ġ. DOING SO AND/OR USING THE LICENSED SOFTWARE OR ANY TECHNOLOGY, IDEA, DATA AND DATABASES, ALGORITHMS, PRESETS, INFORMATION OR DOCUMENTATION CONTAINED THEREIN OR PROVIDED THEREWITH (COLLECTIVELY, THE “SOFTWARE”) ESTABLISHES A BINDING AGREEMENT BETWEEN YOU AS THE PERSON LICENSING THE SOFTWARE, EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR OF ANY THIRD-PARTY ENTITY (“YOU” OR “LICENSEE”) AND NATIVE INSTRUMENTS USA, INC., FORMERLY KNOWN AS IZOTOPE, INC. READ CAREFULLY THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (“AGREEMENT”) BEFORE YOU CLICK ON THE “ACCEPT” BUTTON OR OTHERWISE DOWNLOAD, INSTALL OR USE THE IZOTOPE-BRANDED PRODUCT. END USER LICENSE AGREEMENT END USER LICENSE AGREEMENT
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