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Droomusic End User License AGREEMENT

The Droomusic End User License Agreement (AGREEMENT) is a legal agreement between you (USER)
and Droomusic, and any of our affiliated sound developers (collectively WE/US).
Please read this AGREEMENT carefully.

This Droomusic End User License Agreement accompanies the Droomusic Plug-in Programs and Samples (SOUNDS) including any upgrades, modified versions or updates of the SOUNDS licensed to you by US. This document does not imply authorization or licensing of the products upon which these SOUNDS are used. Please refer to your software (e.g. plug-in) manufacturer's EULA for your rights and restrictions concerning those applications.

DO NOT USE THESE SOUNDS UNTIL YOU HAVE READ THIS AGREEMENT. BY INSTALLING THE SOUNDS, USER ACCEPTS THIS LICENSE AGREEMENT.

Use of these SOUNDS is subject to the terms of this license AGREEMENT. By accepting these this AGREEMENT, you are legally bound to honor these terms. No other conditions beyond those embodied within this AGREEMENT between US and the USER are implied.

1. License Grant, Use, and Restrictions. Subject to the terms and conditions of this AGREEMENT, WE grant USER a nonexclusive, nontransferable license (the License) to use the SOUNDS in your musical and/or other sound productions only, and only in accordance with any applicable end user and technical documentation provided by US. All rights not expressly granted herein are reserved.

USER MAY: (a) use the enclosed SOUNDS on more than one computer; (b) physically transfer the SOUNDS from one computer to another provided that it is used only by the license USER of the SOUNDS. USER may run the SOUNDS from as many computers as desired or required subject to the limitation that the SOUNDS are to be used only by the license USER of the SOUNDS.

(c) make copies of the SOUNDS for backup purposes. USER must reproduce and include the copyright notice on a label on any backup copy, and must take reasonable measures to ensure that any copy is used only as allowed by the terms of this AGREEMENT.

YOU MAY NOT: (a) distribute copies of the SOUNDS to others; (b) rent, lease or grant sub-licenses or other rights to the SOUNDS; (c) provide use of the SOUNDS to third parties, or via network, time-sharing, or multiple user arrangement without each user purchasing a license for the SOUNDS; (d) translate or otherwise alter the SOUNDS without the prior written consent of US; (e) resynthesize, recompile, or resample the SOUNDS for use in derivative works based on the SOUNDS, including but not limited to new and mobile technology platforms.

This License does not specifically entitle USER to any updates, enhancements, or improvements to the SOUNDS. WE may release these at times, and from time to time, at OUR sole discretion.

2. Title, Copyright, and Other Rights. The software (e.g. plug-in) code is owned by each respective manufacturer, and its structure, organization and code are intellectual property of each manufacturer. The SOUNDS are also protected by United States Copyright Law and International Treaty provisions. As between the parties, the manufacturers and/or its licensors and suppliers retain all right, title and interest in the host software (e.g. plug-ins) and all copies and portions thereof. Title, ownership rights, and intellectual property rights in and to the content accessed with the SOUNDS is the property of the applicable content owner and may be protected by applicable copyright or other law. This License gives USER no rights to such content. Use of any trademark does not give USER any rights of ownership in that trademark. Except as stated above, this AGREEMENT does not grant USER any intellectual property rights in the SOUNDS.

3. Disclaimer of Warranty. The SOUNDS are provided "AS IS" and WE make no warranties of any kind and expressly disclaim all other warranties, expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall WE be liable for any incidental, special, or consequential damages that result from the use or inablility to use the SOUNDS or any related documentation, even if WE have been advised of the possibility of such damages. In no event shall OUR liability exceed the license fee paid, if any.

4. Termination. The License granted in Section 1 will terminate automatically if USER fails to remedy any material breach of this AGREEMENT within thirty (30) days of written notice, or immediately without notice in the case of a breach of this AGREEMENT. Upon termination, USER shall immediately cease all use of the SOUNDS and destroy all copies of the SOUNDS. Except for the License granted in this AGREEMENT and except as otherwise expressly provided herein, the terms of this AGREEMENT shall survive termination. Termination is not an exclusive remedy and all other remedies will remain available whether or not the license is terminated.

5. Privacy. Except under conditions beyond OUR control (including but not limited to denial of service attacks, hacking, and identity theft), WE will never sell or otherwise offer your private contact information to other third party organizations. WE will use the USER's email address to send notices of new products, updates or services only with the USER's consent.

USER shall indemnify US in the event of any breach of privacy beyond OUR control.

This AGREEMENT shall be governed by the laws of the State of California. If for any reason any competent court finds any provision of the AGREEMENT, or portion thereof, to be unenforceable, then that provision of the AGREEMENT shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this AGREEMENT shall continue in full force and effect.

WE monitor other Soundware and public Televised, Film, and Music releases to check for copyright infringements, and will prosecute all piracy and copyright violations to the fullest extent of the law.

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