End-User Licence Agreement
END-USER LICENSE AGREEMENT FOR ATTACCO-PLUGIN “VIRTUAL CONTROLLER” IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL
1.1 This EULA (the “Agreement”) is made by and between ATTACCO TEAM with its representatives, as founders (“LICENSOR”, i.e. Mr Sergio Zacco and Mr Francesco Quiri, e-mail-address email@example.com) and the User (i.e. either an individual or a company who is being licensed to use the Software in association with the present Agreement) (“LICENSEE”).
By installing, copying, or otherwise using the SOFTWARE PLUG-IN PRODUCT called “Attacco Virtual Controller”, you agree to be bound by the terms of this EULA. This Agreement represents the entire agreement concerning the program between you and ATTACCO TEAM (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not download, install or use the software: downloading, installing or using the software means subscription and full acknowledge of this EULA.
1.2 The SOFTWARE PLUG-IN PRODUCT is licensed for free, not sold.
2. GRANT OF LICENSE.
License to Use the Software. Subject to the terms and conditions of this Agreement, and provided that all titles, trademark symbols, copyright symbols and legends, and other propriety markings are reproduced, LICENSOR grants to LICENSEE a non-perpetual, non-exclusive, non-transferable license to Use the Software in object code form and related Documentation
3. THIRD PARTY FORMATS.
Licensee acknowledges that the Software licensed hereunder is a software application (Plug-in) which runs with Third Party Format.
Specifically, the VST, VST3 name and logo are registered trademarks of Steinberg GMBH; Audio Unit (AU) name and logo are registered trademarks of Apple Inc.
4. LICENSE RESTRICTIONS
LICENSEE agrees that it will not itself, or through any Affiliate, agent or other third party:
(a) sell, lease, license, sublicense, encumber or otherwise deal with any portion of the Software;
(b) decompile, disassemble or reverse engineer any portion of the Software, unless and to the extent required under law;
(c) write or develop any derivative software or any other software program based on the Confidential Information provided by LICENSOR;
(d) use the Software to provide processing services such as commercial timesharing, rental or sharing arrangements, or on a “service bureau” basis without fulfilling art. 9 (ATTRIBUITION REQUIRED) of this Agreement; to third parties or subsidiaries, business-units and divisions not included in the license to use the Software;
5. WARRANTY AND LIMITATION OF LIABILITY
5.1. Licensee expressly acknowledges and agrees that, to the extent permitted by applicable law, use of the software is at its sole risk. The software and services are provided “as is” and “as available” without warranty of any kind, and licensor hereby disclaims all warranties and conditions with respect to the software and services, either express, implied or statutory, including, but not limited to, the implied warranties, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third party rights, both in the Beta Test Versions and in the Official Release Versions.
Licensor does not warrant against interference with the licensee’s use of the software and services, that the functions contained in, or services performed or provided by the software, will meet licencee’s requirements, that the operation of the software and services will be uninterrupted or error-free, that any service will continue to be made available, that defects in the software or services will be corrected, or that the software will be compatible or work with any third party software, applications or third party services. installation of the software may affect the availability and usability of third party software, applications or third party services. the foregoing limitations shall not apply to a licensor’s liability caused by its gross negligence or willful misconduct.
5.2. To the extent not prohibited by applicable law, in no event shall the licensor be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data (including without limitation instructions, assignments and materials), business interruption or any other commercial damages or losses, arising out of or related to the use or the inability to use the software and services or any third party software or formats or applications in conjunction with the software or services or to any delay in delivery, however caused.
6. PROPRIETARY RIGHTS
6.1. Ownership and Retention of Rights. LICENSEE acknowledges that the PRODUCER is the sole owner of all intellectual property rights, including patent, trademark, service mark, copyright and trade secret rights in the Software. LICENSEE acquires only the right to loading, execution, employment, utilization, storage or display the Software under the terms and conditions of this Agreement and does not acquire any ownership rights or title in or to the Software. All Software Releases, Versions and Updates and Documentation provided by the Licensor to the Licensee in execution of the present Agreement shall be considered part of the Software and Documentation for purposes of this Section 8.
6.2. Proprietary Notices. LICENSEE shall not remove any proprietary, copyright, trademark or service mark legend from the Software.
7. CONFIDENTIAL INFORMATION
7.1. Protection of Confidential Information. Each party will protect the other’s Confidential Information from unauthorized dissemination and use the same degree of care that such party uses to protect its own like information. Neither party will disclose to third parties the other's Confidential Information without the prior written consent of the other party. Neither party will use the other’s Confidential Information for purposes other than those necessary to directly further the purposes of this Agreement.
Without prejudice to any other rights, ATTACCO TEAM may immediately terminate this EULA if the LICENSEE fails to comply with the terms and conditions of this EULA. In such event, LICENSEE must destroy all copies of the SOFTWARE PRODUCT in his possession.