SoundFont® License Agreement
DOWNLOADING AND INSTALLING
AN EYE AND I PRODUCTIONS / VOICE CRYSTAL SOUNDFONT BANK CONSTITUTES YOUR
ACCEPTANCE OF THE FOLLOWING AGREEMENT.
1. GRANT OF
The downloaded material
contains a digitally-encoded machine-readable audio font program Bank or
Banks for use with the SoundFont® file format ("SoundFont Bank(s)").
Eye and I Productions grants to
you a nontransferable, non-exclusive license to use the SoundFont Bank
on a single computer, and to modify and merge the SoundFont Bank into another
program for your use on the same single computer.
Any portion of the SoundFont Bank that is merged into another program will
continue to be subject to the terms and conditions of this Agreement. You
agree that you will not attempt, and if you are a company, you will use your
best efforts to prevent your employees and contractors from attempting, to
reverse engineer, reverse compile, or disassemble the SoundFont Bank or portion
thereof except as may be permitted by applicable copyright law. You agree
that you may not copy for distribution the materials which accompany the
SoundFont Bank on this web site without the written permission of Eye and
2. PROPRIETARY RIGHTS
that no title to the intellectual property in the SoundFont Bank is transferred
to you. You further acknowledge that title
and full ownership rights to the SoundFont Bank will remain the exclusive
property of Eye and I Productions or its suppliers, and that you will not
acquire any rights to the SoundFont Bank(s) except as expressly set forth
above. You agree that any copies of the SoundFont Bank(s) will contain
the same proprietary notices which appear on and in the SoundFont Bank(s).
You may not sublicense
or transfer the SoundFont Bank(s) to any third party without the prior
written consent of Eye and I Productions. This Agreement expressly excludes
the right to distribute the SoundFont Bank or any portion thereof, whether
merged into another program or not. You must
enter into a SoundFont Distribution Agreement with Eye and I Productions
if you wish the right to distribute the SoundFont Bank as merged into another
You may not download
or otherwise export or re-export the Software Bank(s) or any underlying
information or technology except in full compliance with all United States
and other applicable laws and regulations.
In particular, but not without limitation, none of the Software or underlying
information or technology may be downloaded or otherwise exported or re-exported
(i) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran,
Syria or any other country to which the U.S. has embargoed goods; or (ii)
to anyone on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Denial Orders. By
downloading or using the SoundFont Bank(s), you are agreeing to the foregoing
and you are representing and warranting that you are not located in, under
the control of, or a national or resident of any such country or on any
such list. You agree to indemnify and hold Eye and I Productions harmless
from and against any and all liability arising from or relating to your
breach of this Section 4.
5. LIABILITY FOR DAMAGES
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In no event shall Eye and I Productions
or its suppliers, including payment processors be liable to you for any incidental, indirect, special or consequential damages
of any kind, including without limitation, damages for loss of business profits, business interruption,
or loss of business information, arising out of this agreement or use or inability to use the software,
even if Eye and I Productions has been advised of the possiblity of such damages.
Some states or provinces do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
6. GOVERNING LAW;
This Agreement shall
be governed by the laws of the State of California without regard to conflict
of laws principles. The United Nations Convention on Contracts for the
International Sale of Goods is specifically disclaimed. The prevailing
party shall be entitled to recover its reasonable attorneys' fees in the
event of a dispute arising out of or relating to this Agreement.
7. ENTIRE AGREEMENT
You agree that this
is the entire agreement between you and Eye and I Productions with respect
to the use of the SoundFont bank software which supersedes any prior agreement,
whether written or oral, and all other communications between the parties
relating to the subject matter of this Agreement. Should
you have any questions concerning this agreement, or if you desire to enter
into a SoundFont Bank Distribution Agreement, please contact Eye and I
Productions at 1250 Kay Lane, Oakley, California 94561.
SoundFont® is a registered trademark of Emu Systems Inc.
Voice Crystal® is a registered trademark of Eye and I Productions