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HERITAGE AUDIO SOFTWARE LICENSE AGREEMENT (EULA)

PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE PROVIDED BY HERITAGE AUDIO S.L. (HEREINUNDER, HERITAGE AUDIO) SINCE IT CONTAINS THE TERMS AND CONDITIONS OF USE OF HERITAGE’S SOFTWARE.

You hereby agree to the following:

1. Binding agreement. You are bound by the Agreement and acknowledge that any use of the Software provided to you by HERITAGE AUDIO (hereinafter, alternatively referred to as the “Product” or the “Software”) for the purposes set forth in this Agreement is governed by this Agreement.

2. General. HERITAGE AUDIO grants a license or right to use the Software as well as its content, documentation, and any other data related to it. The aforesaid excludes any transfer or assignment of ownership from you over the Software.

HERITAGE AUDIO owns and retains all the intellectual and industrial property rights over its Hardware, Software, Website and any other products, creations or platforms, in which its trademarks, designs, copyrights, trade secrets and/or patents would be depicted or incorporated to, without this Agreement implying any transfer or assignment of them.

The rights to use licensed by this Agreement shall be interpreted strictly and to the extent depicted in the present Agreement.

3. License. Unless otherwise stated in the present Agreement, you are hereby granted, subject to all terms and conditions herein, a worldwide license, non-exclusive, non-assignable, non-transferable and in perpetuity (except from, by way of illustration but without limitation, the free DEMO license which duration would be subjected to a period time).

You should select among the different types of licenses that we offer for the purchase of the Product. Each type of license involves additional special conditions.

Standard license. In consideration of a payment of a License fee, you will be granted the right to use the Product, including the following rights and duties:

• to download, install, run and use (including commercial purposes) one (1) copy of the Product. The Licensee will be able to activate the Product in one (1) iLok account and two (2) different instances.  You must register the Product at HERITAGE AUDIO’s website users.heritageaudio.com to activate the Software and to get access to client support.

• to use the Software to copy, making available to the public and distributing sounds created or edited with the Software provided that if you make available to the public and/or distribute such sounds, they do not contain the Software.

• to make one (1) backup copy of the Software, provided that such copy is solely for your internal backup purposes and remain under your exclusive control. Any copies expressly permitted to be made pursuant to this Agreement must contain the same copyright, trademark and other proprietary notices that appear on the Software.

Not for Resale License (NFR). With the purchase of any i73 PRO product you will be granted a right to download, install, use and copy the Software for personal and non-commercial purpose. NFR License must not be resold or transferred. You must register the Product at HERITAGE AUDIO’s website users.heritageaudio.com to activate the Software and to get access to client support.

Demo License. Free Demo versions of the Sotfware will be available at HERITAGE AUDIO’s own discretion. This License will grant the user a non-exclusive, non-transferable and limited in time right to use the Software, only for personal purposes of testing and evaluation. The specific terms and conditions, including the duration of the Demo License may be further developed in the offer of the Demo which would be made available by HERITAGE AUDIO.

4. Software updates. HERITAGE AUDIO may make available future upgrades or updates to the Software, but would not be obliged to it. HERITAGE AUDIO may provide you any such upgrades and updates that it may release up to, but not including, the next major release, for free. Upgrades and updates, if any, may not necessarily include all existing software features or new features for newer models of HERITAGE AUDIO which may be provided at its discretion with or without charge.

4. License Limitations and Restrictions

• The Software may contain sample content including but not limited to audio files, audio loops, built-in sound files, presets, impulse responses, samples, sound sets, sound settings, or similar assets (“Sample Content”). This Sample Content is proprietary to HERITAGE and/or its licensors and is protected by applicable intellectual property and other laws, including but not limited to copyright. Except as otherwise provided, all Sample Content included in the Software may be used to create your own original soundtracks for your projects. When permitted by the License, you may make available to the public and/or distribute your own soundtracks that were created using the Sample Content, however, individual Sample Content assets may not be (commercially or otherwise) made available and/or distributed on a standalone basis, nor may they be repackaged in whole or in part as audio samples, sound effects, sound files, sound libraries, or similar assets.

• System Requirements. Subjected to the restrictions contained in the present Agreement, the Software may be used in combination with other hardware or software, however, HERITAGE AUDIO would only be responsible for its correct functioning in relation with the hardware sold by HERITAGE AUDIO. For a correct display and functioning of the Software, the Licensee shall use the operating system recommended by HERITAGE AUDIO.

• Resell and/or rent:  In general terms and except otherwise stated, you are banned from making copies, transferring to third parties, making available to the public, distributing, loaning, copies of the Software, their source code and associated documentation. In the Standard License, you would be able to resell to a third party provided that (i) the third party agrees in writing with this License Agreement, (ii) You cease all use of the software, completely remove all installed copies of the software from any of the devices in which it would be installed, including all copies stored in the memory of a hardware device and (iii) there is no change in the intent or scope of the rights granted by this Agreement as a result of such transfer. In addition, you are required to de-register in our Website. The new Licensee must register in our website users.heritageaudio.com.

•Antipiracy and No Reverse Engineering. You may not, and you agree not to or to enable others to, copy (except as otherwise provided in the Agreement), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify or create derivative works of the Software or any services provided by HERITAGE’ Software or Hardware (except as and only to the extent any foregoing restriction is prohibited by applicable law or by licensing terms governing use of open source components that may be included with the Software). Likewise, you may not embed the Software in open source software that would, directly or indirectly, cause the Software to become Publicly Available Software or subject to a Publicly Available Software agreement. Decompilation for interoperability purposes are permitted only to the extent authorized by applicable law.

•Compliance with Laws. You agree to use the Software compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the Software and Services.

5. Limited warranty; Limitation of liability. HERITAGE AUDIO warrants to you that the Software will make a faithful and a quality consistent Product consistent with industry standards. To make a warranty claim, you must notify HERITAGE AUDIO in writing within the warranty period established in law via email to support@heritageaudio.com and provide sufficient information about your license of the Software to allow HERITAGE to verify the warranty, existence and date of the transaction. Your entire, exclusive and cumulative remedy and liability shall be that HERITAGE AUDIO will use all reasonable efforts to cause the Software to function correctly and to deploy its purpose. If the Software does not function correctly or according to its purpose, despite deploying reasonable efforts for it, HERITAGE AUDIO’s liability would be limited to the amount paid by the claimant. HERITAGE AUDIO DOES NOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED BY USING THE SOFTWARE. THE PROVISIONS DESCRIBED ABOVE DEFINE YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF HERITAGE’S WARRANTY, EXCEPT IF OTHERWISE PROVIDED BY LAW. EXCEPT FOR THE ABOVE LIMITED WARRANTY, HERITAGE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY’S RIGHTS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL HERITAGE BE LIABLE TO YOU OR ANYONE ELSE I) FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF SAVINGS, EVEN IF HERITAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING COMPENSATION FOR SUCH DAMAGES.

6. Termination. If You fail to comply with the terms and conditions of this Agreement, HERITAGE AUDIO shall have the right to terminate this Agreement after a 10 days-notice by regular mail, prepaid carrier or email. Upon termination of the Agreement, you must destroy the original and any copies of the Product. Termination of the Agreement will not exclude and/or prevent HERITAGE AUDIO from seeking damages and compensation in the event of any breach of the Agreement.

7. Data Protection. HERITAGE AUDIO’s privacy policy applies to the data provided in the process of purchasing the Product and can be accessed here https://users.heritageaudio.com/privacy-policy/

8. Governing law and jurisdiction. Any dispute arising from the interpretation and/or execution of this Agreement shall be subject to the laws and Courts of Spain.