Cognitone End-User Software License Agreement (EULA)
This is the standard EULA used for all our current software products.
End User Software License Agreement
IMPORTANT – PLEASE READ CAREFULLY: This License Agreement is a legal agreement between you, as an individual or legal entity, and Cognitone GmbH, 22159 Hamburg, Germany ("Cognitone") regarding the product "Synfire", including related media and other materials ("Software").
For free demos, other provisions may apply in some cases. This is noted separately where applicable. Where the term "Software" is used in general, this refers to both the demo and the full version.
By installing or otherwise using the Software, you agree to be bound by the terms of this License Agreement. If you do not agree to these terms, do not install the Software and promptly return the license where you purchased it for a refund of the price paid.
The Software is protected by copyright laws and international treaties as the intellectual property of Cognitone GmbH. By purchasing a license, you acquire the right to use the software, but not ownership of it.
You may install and operate the software on no more than two of your own computers at any one time. Never share with third parties the downloaded or installed files delivered to you, keep your user account password secret, and keep any backup copies of the installation files in a safe place that is not accessible to third parties.
1. Grants of License
Cognitone grants to you as an individual, a personal, non-exclusive and non-transferable license to use the Software, provided that you comply with the terms of this contract. You are authorized to install and run the software on up to two computers. You can install software protected with a PACE iLok on several of your own computers, but you can only use it on one of them at the same time.
Products licensed as NFR („Not For Resale“) may exclusively be used for demonstrational, testing and evaluation purposes. The license may not be resold or transferred to third parties. NFR licenses cannot be upgraded or converted ("Upgrade").
A license may be revoked if it was not obtained legitimately, for example through fraud, theft or deception. If a legal dispute arises between two users in this regard, Cognitone has the discretion to withhold the license of an allegedly fraudulent user until the case is resolved.
2. Updates And Upgrades
In order to be able to download and install an update, you must own a license for the corresponding original product. The update product is subject to the same license conditions as the original product.
By purchasing an upgrade to a more advanced or newer version of the software ("Upgrade"), the old license of the original product is completely exchanged for a new license covering the upgraded product. The old license is no longer at your disposal thereafter.
The software is equipped with a serial number before delivery, which was issued to you when you purchased the license. With this serial number, you can prove at any time that you are the rightful owner of a license and obtain online updates and other services automatically and without further formalities.
In your own interest, you are required to take reasonable care to protect your personal installation files, serial numbers, activation codes, the installed full version and the password of your user account from being misappropriated by third parties ("Confidential Data"). This means that you shall neither deposit them in publicly accessible places nor provide them to third parties, or negligently afford them the opportunity to gain access to them.
The dissemination of this confidential data on public networks and file sharing services may, at Cognitone's discretion, result in the termination of the associated license. As a precaution, all related functions and services may then be blocked until the matter has been resolved. In case of willful violation of copyright protection, Cognitone further reserves the right to take legal action in the interest of all honest customers.
This license is bound to a person. It can therefore not simply be handed over to someone else. If you want to sell or give away your license, please let us know so we can transfer it to the new owner. This requires the new owner to have created a user account with us beforehand. It is currently not possible to transfer a license on your own.
The same license cannot be resold or transferred more than twice. After the second resale or transfer the license is assigned NFR status (not for resale).
Unless otherwise noted, Cognitone owns the title and copyright to the Software, including all related documentation, text, images, music and other content. You may print documents provided in electronic form solely for your own personal use. You are not authorized to reproduce or commercially distribute any printed or electronic materials.
After installing a copy of the Software in compliance with this License Agreement, you should retain the original media on which the Software was delivered by Cognitone for backup or archival purposes. You may keep one copy of any downloadable installation files on a data storage medium for this purpose. Except it was explicitly agreed in writing, you may not make or distribute further copies of the software or the printed materials under any circumstances.
Without prejudice to any other rights, Cognitone may terminate this contract if you fail to comply with the terms and conditions of this License. In such event, you must destroy all installations and copies of the Software and all of its component parts.
You may not reverse engineer, decompile, or disassemble the Software. You may not rent, lease, lend, or provide commercial services with the Software. This license does not grant to you any rights regarding Cognitone's brand names and trademarks. Cognitone reserves all rights not expressly granted to you in this contract.
9. Disclaimer of Warranties
The Software and its associated files and documents are provided "as is" without any warranties. Also, there is no warranty of completeness, accuracy, reliability, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE and non-infringement.
10. Limitation of Liability
You agree that your use of the Software is solely at your own risk. In no event shall Cognitone or its suppliers be liable to you for any consequential, special, incidental, or indirect damages of any kind arising out of the delivery, performance, or use of the software. Even if Cognitone has been advised of the possibility of such damages. In no event will Cognitone's liability for any claim, whether in contract, tort, or any other theory of liability, exceed the license fee paid by you, if any.
11. Final provisions
This contract is governed under the law of the Federal Republic of Germany and any dispute shall be subject to the exclusive jurisdiction of the local courts. The place of performance is the place of business of Cognitone GmbH, 22159 Hamburg, Germany.
Any amendments or supplements to, and terminations of this contract must be made in writing (or by e-mail, except for legally formative declarations).
This contract supersedes all oral agreements, if any. Should one or more of the individual provisions of this contract be or become invalid, this will have no effect on the validity of the remaining provisions. The invalid provision will be replaced by a regulation that matches as closely as possible the intended purpose of the invalid provision; the same applies in the case of an omission.