LICENSE AGREEMENT – HW SAMPLES

A. GENERAL END USER LICENSE AGREEMENT. Thank you for selecting the Sample Set (including copyrighted samples, images and organ design files) or “Set” offered by Evensong, or by Jonathan M. Orwig, and their successors or assigns. Please review these license terms (“Agreement”) thoroughly. This Agreement is a legal agreement between you and US. By clicking any of the DOWNLOAD LINKS you indicate acceptance electronically, accessing or using the Set, and that you agree to these terms. If you do not agree to this End User License Agreement, then do not indicate acceptance of the Agreement and do not use the Set.

AGREEMENT 1.1 This Agreement describes the terms governing your use of the Set and gives you certain rights and responsibilities
LICENSE GRANT AND RESTRICTIONS 2.1 The Set is protected by copyrights. You are only granted certain limited rights to install and use the Set, and WE reserve all other rights in the Set not granted to you in writing in this document. As long as you comply with this Agreement, WE grant you a personal, limited, nonexclusive, nontransferable license to use the Set. 2.2 You acknowledge and agree that the Set is licensed, not sold. You agree not to use the Set in a manner that violates any applicable law, regulation or this Agreement. Not limited to the following, you agree you will not: •Provide access to or give the Set or any part of the Set to any third party; •Reproduce, duplicate, copy, deconstruct, or reverse-engineer the Set;
CONTENT 3.1 You may use the set freely in performance and recording within the limitations of the license you have with Milan Digital Audio for Hauptwerk 5.0 or subsequent compatible versions (the Host Software). 3.2 You are responsible for your content. You are legally responsible for all performances, recordings or other materials created through your use of the Set (“Content”). WE are not responsible for the Content or data you provide through your use of the Set. 3.3 WE may freely use feedback you provide. You agree that WE may use your feedback, suggestions, or ideas in any way, including but not limited to future modifications of the Set, or other products. You grant US a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to US in any way. WE will not sell, publish or share your feedback in a way that could identify you without your explicit permission.
ADDITIONAL TERMS YOU AGREE TO 4.1 We may tell you about other Evensong products or services. You may be offered upgrades to this Set, or other sets offered by Evensong. If you decide to use any of these Sets or services, additional terms and conditions and separate fees may apply. You acknowledge that as a function of downloading and installing your copy of the Set, you may have provided contact information which may include, for example, your email address which may be used by Evensong to offer you other products or services. We may also send business communications such as confirmations or notices, which will be delivered to you via email or posted on our websites.
DISCLAIMER OF WARRANTIES 5.1 YOUR USE OF THE SET IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED “AS IS” WITHOUT TECHNICAL SUPPORT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SET IS FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SET. WE DO NOT WARRANT THAT THE SET IS FREE FROM BUGS, VIRUSES, INTERRUPTION, OR ERRORS.
LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF US FOR ALL MATTERS OR CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SET. SUBJECT TO APPLICABLE LAW, WE ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE WITH HOST SOFTWARE. THE ABOVE LIMITATIONS APPLY EVEN IF EVENSONG/CR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF US AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SOFTWARE AND ITS USE.
DISPUTES. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SET OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT. ALL PARTIES EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
INDEMNITY You agree to indemnify and hold US harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Set or breach of this Agreement (collectively referred to as “Claims”).
CHANGES TO THIS AGREEMENT OR THE SOFTWARE. Evensong may change this Agreement from time to time, and the changes will be effective when posted on our website for the Set or when we notify you by other means. Your continued use of the Set after Evensong/CR posts or otherwise notifies you of any changes, indicates your agreement to the changes.
TERMINATION. This agreement is perpetual, however WE may immediately terminate this Agreement or suspend or terminate the license to the Set if you fail to comply with these terms.
GOVERNING LAW. California state law governs this Agreement without regard to its conflicts of laws provisions. 12. GENERAL. This Agreement is the entire agreement between you and US and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. 13. REPURPOSING. a) Paid customers of the Set may reuse portions of the set, including individual samples, provided that 1) the use of said samples is acknowledged on the console view or in the “organ/show organ…” section. As a minimum, acknowledgement must include “Certain samples are taken from Evensong Sample Sets”.