VOCAL LIBRARY LICENSE AGREEMENT
IMPORTANT: CAREFULLY READ THIS LICENSE BEFORE USING THE PowerFX VOCAL LIBRARY INCLUDED ON THIS PRODUCT. BY USING THE PowerFX VOCAL LIBRARY YOU ARE AGREEING TO ALL THE TERMS AND CONDITIONS OF THIS PowerFX END USER LICENSE AGREEMENT, AND YOU AGREE TO BECOME BOUND BY THEM. IF YOU DO NOT ACCEPT THESE TERMS WE ARE UNWILLING TO LICENSE THE USE OF PowerFX VOCAL LIBRARY TO YOU AND YOU SHOULD NOT USE THE PowerFX VOCAL LIBRARY.
In addition, by installing, copying, or otherwise using the VOCALOID software program, you shall be also bound by the terms and conditions of the separate End User License Agreement of the VOCALOID software program provided by YAMAHA Corporation. This Vocal Library License Agreement (“Agreement”) is a legal agreement between you (either an individual or a single entity) and PowerFX Systems AB (“PowerFX”) for the PowerFX Vocal Library and any upgrades, modified versions or updates of the PowerFX Vocal Library.
DEFINITIONS: “PowerFX Vocal Library” means the audio material included with this VOCALOID product derived from recordings made by PowerFX Systems AB of singing, or any part or component thereof. “Synthesized Singing” means any audio output produced by this VOCALOID product which is derived from the included PowerFX Vocal Library.
A. PowerFX Systems AB (“PowerFX”) continues to own the copy of the PowerFX Vocal Library included on this product and any other copies that you are authorized by this Agreement to make. This license gives you the non-exclusive, non-sublicensable, non-transferable right to use the PowerFX Vocal Library on the following terms:
B. YOU MAY: Use one copy of the PowerFX Vocal Library on one single computer and use the Synthesized Singing, subject to all the provisions and conditions of this Agreement. A right to use the enclosed PowerFX Vocal Library is granted to the original purchaser (end-user) of this VOCALOID product (LICENSEE) only. The PowerFX Vocal Library is “in use” on a computer or other device when it, or any part of it, is loaded into the temporary memory or installed in the permanent memory of that computer or device. The PowerFX Vocal Library may be used together with the included Yamaha® VOCALOID software to generate Synthesized Singing and such Synthesized Singing may be used by LICENSEE for commercial or non-commercial purposes subject to the terms of this License.
C. YOU MAY NOT:
Rent, lend, lease, sell, assign, transfer or grant any rights in all or any part of the enclosed PowerFX Vocal Library, or use it (or any part of it) or the Synthesized Singing as a component of any competing software product. All unauthorized giving, trading, lending, renting, re-issuing, re-distributing or re-selling of this product or the PowerFX Vocal Library it contains are expressly prohibited.
Transfer ownership of the CD-ROM included with this product or the PowerFX Vocal Library or programs contained therein. You cannot re-sell or copy the CD-ROM. The license to use this product is granted for a single user only. You cannot resell this product as a used product to someone else because this is a non-transferable license of the included PowerFX Vocal Library.
Modify, alter, translate, or create a derivative version of the PowerFX Vocal Library (or any part thereof) for resale or other distribution.
Reproduce or duplicate any part of the PowerFX Vocal Library contained in this product, either as it exists on the included disc(s) or by any means of reformatting, mixing, filtering, re-synthesizing, processing or otherwise editing for use in another product or for resale, or in any way that may enable others to obtain a copy of the PowerFX Library, without the express written consent of PowerFX Systems AD.
Use the PowerFX Vocal Library in a mode of operation where the PowerFX Vocal Library is unattended by an operator for any purpose whatsoever, other than for personal use.
Distribute the PowerFX Vocal Library or any part thereof on a public bulletin board, ftp site, World Wide Web site, or distribute it by any other means. You cannot electronically transfer or post the PowerFX Vocal Library or any part thereof to another person or group of persons over the Internet or place it or any part thereof in a computer/sampler network to be accessed by multiple users.
Remove or alter any copyright notices on all copies of the PowerFX Vocal Library.
Offer the PowerFX Vocal Library to clients as part of your recording studio or rental company services, as each person who uses the sounds must be a licensed user.
D. RESTRICTIONS ON USE OF THE SYNTHESIZED SINGING You may not publish or distribute in any manner Synthesized Singing that includes lyrics which are against public policy of law. You may not publish or distribute Synthesized Singing that is harmful to the moral rights of any third party including but not limited to the original singer of the PowerFX Vocal Library. In no event will PowerFX be liable for any and all claims, suits or consequential, incidental or special damages arising from your publishing or distributing Synthesized Singing.
The following types of usage of the Synthesized Singing may require a separate additional license from PowerFX which would be independent of this license Agreement, and End Users who wish to obtain such additional license, which may incur a license fee calculated according to the type of usage, should in the first instance contact PowerFX Limited to discuss their particular requirements.
Use in a commercial Karaoke service/system to provide vocals including but not limited to backing vocals for multiple songs, including use to create commercial Karaoke software, Karaoke hardware, and internet-based Karaoke products systems and services.
Use commercially as telephone ringtones or as audio alerts or signals in telephone or telecommunication equipment, except when used in combination with other musical instruments or sounds within a musical composition.
E. CONTENT ALL content in or on this product (including audio, graphic, textual or video content) is the property of the applicable content owner and may be protected by applicable copyright law. This License gives you no rights to such content, other than as specified in this Agreement.
F. LIMITED WARRANTY PowerFX MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE PowerFX VOCAL LIBRARY OR THE SINGING SYNTHESIS THAT CAN BE DERIVED FROM IT OR ABOUT ANY CONTENT OR INFORMATION THAT PowerFX HAS PROVIDED ON THESE DISC, FOR ANY PURPOSE. THE PowerFX VOCAL LIBRARY IS PROVIDED “AS IS” WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF SATISFACTORY QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PowerFX VOCAL LIBRARY REMAINS WITH YOU. PowerFX DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE PowerFX VOCAL LIBRARY OR DOCUMENTATION. THIS WARRANTY IS GIVEN IN LIEU OF ALL WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS AND OBLIGATIONS IMPLIED BY STATUTE, COMMON LAW, CUSTOM, TRADE USAGE, AND COURSE OF DEALING OR OTHERWISE, ALL OF WHICH ARE HEREBY EXCLUDED BY THE FULLEST EXTENT PERMITTED BY LAW.
G. LIMITATION OF LIABILITY NEITHER PowerFX NOR ITS SUPPLIERS, DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES, WILL BE LIABLE FOR (a) ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES OF ANY SORT, SUCH AS DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF DATA ARISING OUT OF THE USE OF THE PowerFX VOCAL LIBRARY OR ARISING OUT OF THE USE OF THE SINGING SYNTHESIS GENERATED BY IT, WHETHER OR NOT PowerFX HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, OR (b) FOR ANY CLAIM BY ANY OTHER PARTY.
H. GENERAL TERMS All rights not expressly granted to you hereunder concerning the PowerFX Vocal Library or the Synthesized Singing are reserved by PowerFX Systems AB. This license is effective until terminated. Failure to comply with any provisions of this license will result in automatic termination of this license and may result in legal action. PowerFX may terminate this License at any time by delivering notice to you and you may terminate this License at any time by destroying or erasing or uninstalling your copy of the PowerFX Vocal Library. Upon termination, you agree to destroy all copies of the PowerFX Vocal Library in your possession. In the event of termination, the following sections of this License will survive: D, E, F and G. This License is personal to you and you agree not to assign your rights herein. Title, ownership rights, and intellectual property rights in the PowerFX Vocal Library and any copies thereof shall remain in PowerFX and/or its suppliers. You agree to abide by international copyright law. The PowerFX Vocal Library is provided with restricted rights. In the event of any conflict between any provision of this Agreement and any applicable law, the provision or provisions of this Agreement affected shall be modified to remove such conflict and permit compliance with such law, and as so modified this Agreement shall continue in full force and effect. This Agreement shall be governed by the laws of England and shall be subject to the exclusive jurisdiction of the English courts without reference to conflicts of laws principles.
I. ACKNOWLEDGEMENT: You acknowledge that you have read this LICENSE and Limited Warranty, understand them and agree to be bound by their terms and conditions. You also agree that the LICENSE and Limited Warranty are the complete and exclusive statement between the parties and supersede all other communications between the parties relating to the subject matter of the LICENSE or the Limited Warranty. PowerFX is a registered company in Sweden. Usage of the PowerFX logo must approved by PowerFX. YAMAHA and VOCALOID are trademarks or registered trademarks of Yamaha Corporation in Japan and other countries. PowerFX Systems AB constantly monitors other soundware and software releases to check for copyright infringements, and will prosecute all piracy and copyright violations to the fullest extent of the law. IF YOU HAVE ANY QUESTIONS ABOUT THIS LICENSE OR THIS LIMITED WARRANTY, PLEASE EMAIL OUR CUSTOMER SERVICE DEPARTMENT AT: support@powerfx.com Copyright ©2010 PowerFX Systems AB. All rights reserved.