License Agreement (EULA)
End-User License Agreement
The digital products for sale on this website are LICENSED PRODUCTS (not sold) that are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
This End User License Agreement (herein also referred to as "EULA") is a legal agreement between TONE FACTOR, INC & DAVID HISLOP PRODUCTIONS (herein also referred to as "US" or "WE") and YOU, the end-user (either an individual or single entity, herein referred to as "YOU") with regard to the accompanying files, any associated media, and any "online" or electronic documentation (herein collectively referred to as "LICENSED PRODUCT"), provided with this EULA.
Read this EULA carefully before installing, copying, or otherwise using the LICENSED PRODUCT! By installing, copying, or otherwise using the LICENSED PRODUCT, YOU are agreeing to be bound by the terms of this EULA. If YOU do not agree to the terms of this EULA, WE are unwilling to license the LICENSED PRODUCT to YOU, and YOU are not to install, copy, or otherwise use the LICENSED PRODUCT, and must permanently delete all copies of the LICENSED PRODUCT, whether stored on a computer or on storage media.
This LICENSED PRODUCT (Presets, Profiles, Performances, Patches, Impulse Responses) is available for license solely to LICENSED PRODUCT owners, with no right of duplication or further distribution, licensing, or sub-licensing. IF YOU DO NOT OWN THE LICENSED PRODUCT, THEN DO NOT DOWNLOAD, INSTALL, COPY OR OTHERWISE USE THE LICENSED PRODUCT.
2. Grant of License
WE grant YOU - provided that YOU comply with all terms and conditions of this EULA - a personal, non-exclusive license, with no right to grant sub-licenses, to install and use the copy of the LICENSED PRODUCT provided with this EULA on a single computer. YOU agree that YOU may not copy the written materials accompanying the LICENSED PRODUCT. Modifying, translating, renting, copying, transferring or assigning all or part of the LICENSED PRODUCT, or any rights granted hereunder, to any other persons and removing any proprietary notices, labels or marks from the LICENSED PRODUCT is strictly prohibited. Furthermore, YOU hereby agree not to create derivative works based on the LICENSED PRODUCT in whole or in part.
YOU are allowed to make one copy of the LICENSED PRODUCT in machine-readable form for backup purposes only, provided that this backup copy includes all copyright and other proprietary notices included with the LICENSED PRODUCT.
The terms of this License Agreement will govern any updates and/or supplements to the LICENSED PRODUCT that WE may provide to YOU unless they are accompanied by a separate license agreement.
This LICENSED PRODUCT (Presets, Profiles, Performances, Patches, Impulse Responses) is licensed, not sold. YOU acknowledge that no title to the intellectual property in the LICENSED PRODUCT is transferred to YOU. YOU further acknowledge that title and full ownership rights to the LICENSED PRODUCT will remain the exclusive property of DAVID HISLOP PRODUCTIONS and YOU will not acquire any rights to the LICENSED PRODUCT, except as expressly set forth in this EULA. All copies of the LICENSED PRODUCT will contain the same proprietary notices as contained in or on the LICENSED PRODUCT. All title and copyrights in and to the LICENSED PRODUCT, the accompanying electronic or printed materials, and any copies of the LICENSED PRODUCT, are owned by DAVID HISLOP PRODUCTIONS. The LICENSED PRODUCT is protected by copyright laws and international copyright treaties. The LICENSED PRODUCT is licensed only to YOU for personal use, the reproduction of non-copyrighted materials or materials in which YOU own the copyright, or YOU are otherwise authorized or legally permitted to reproduce. All rights not expressly granted are reserved by US.
4. Reverse Engineering
YOU agree that YOU will not attempt, and if YOU are a corporation will prevent your employees and contractors from attempting, to reverse compile, modify, alter, translate, or disassemble the LICENSED PRODUCT in whole or in part.
5. Restrictions on Use
YOU may not re-sell, loan, rent, lease, lend, provide via hosting services or peer-to-peer protocol, or otherwise redistribute the LICENSED PRODUCT in part or in whole. You may not transfer the files over any network or channel them to a third-party storage location (including but not limited to email mailboxes and online file storage service hosts) in whole or in part.
6. Transfer of License
YOU may transfer your individual licenses of the LICENSED PRODUCT as granted by US to YOU in whole to another person or entity provided that (a) YOU retain no copies of the LICENSED PRODUCT, including backups of any kind on any form of storage media, (b) the recipient of the transfer accepts the terms and conditions of this EULA, (c) the transfer fee associated with license transfers is paid by either YOU or the transferee, and (d) the license transfer procedure is carried out by US as provided by the service available on the SITE. Any transfer of the LICENSED PRODUCT done outside of this service and its associated fee is done so against the terms set forth in this agreement and subject to permanent termination of the grant of license to either party.
7. Disclaimer of Warranties
The LICENSED PRODUCT is provided "AS IS", with "ALL FAULTS", with no warranty of any kind. WE disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose, and non-infringement of third-party rights. WE do not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links, or other items contained within the LICENSED PRODUCT. WE do not warrant that the functions contained in the LICENSED PRODUCT will meet your requirements or that the operation of the LICENSED PRODUCT will be uninterrupted or error-free. WE ARE NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE LICENSED PRODUCT. We further expressly disclaim any warranty or representation to YOU or to any third party.
8. Limitation of Liability
DAVID HISLOP PRODUCTIONS & TONE FACTOR, INC entire liability and your exclusive remedy under this EULA shall not exceed the price paid for the LICENSED PRODUCT if any. In no event shall WE be liable for any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits or revenues, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to the use or inability to use the LICENSED PRODUCT, however caused, regardless of the territory of liability - contract, tort or otherwise - and even if WE have been advised of the possibility of such damages, or any claim by a third party. WE shall have no liability with respect to the content of the LICENSED PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
9. No Liability for Consequential Damages
In no event shall WE be responsible or liable for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, damages for the loss of profits or revenues, business interruption, loss of business information, damages or costs as a result of loss of time, or other pecuniary loss) arising out of the use or inability to use the LICENSED PRODUCT, even if WE have been advised of the possibility of such damages.
10. Indemnification by YOU
If YOU distribute the LICENSED PRODUCT in violation of this Agreement, YOU agree to indemnify, hold harmless and defend US from and against any claims or lawsuits, including attorney's fees that arise or result from the use or distribution of the LICENSED PRODUCT in violation of this Agreement.
This License Agreement is effective until terminated. All rights given to YOU under this License Agreement will terminate automatically without notice from US if YOU fail to comply with any terms of this Agreement. Upon the termination of this Agreement, YOU shall cease all use of the LICENSED PRODUCT and destroy all copies, full or partial. YOU may terminate this Agreement by giving written
notice to US and destroying all copies of the LICENSED PRODUCT, full or partial. Under any condition of termination, YOU cannot claim any refund from US.
This Agreement will in all respects be governed by United States federal law to the extent applicable and the laws of the State of California. YOU consent to the exclusive jurisdiction of federal and state courts of California to resolve any action arising out of or related to this Agreement. The parties agree not to contest the venue as appropriate in Redding, California. The parties waive any right to trial by jury.