PLEASENOTE THAT THIS DOCUMENT IS INTENDED TO APPLY TO ALL USERS, THOUGH SEVERAL SECTIONS ARE LOCALIZED FOR EUROPE IN ORDER TO COMPLY WITH LOCAL LAWS AND SUCH SECTIONS SHALL ONLY APPLY TO CUSTOMERS WHO ACQUIRED THE ABLETON PRODUCT IN EUROPE
This EULA has no relation to Your purchase agreement when you bought the Ableton Product (e.g. via the internet or an Authorized Store). In addition to this EULA, additional terms may apply, such as the Ableton General Terms and Conditions, or other terms as applicable. Ableton, not any Authorized Store, is solely responsible for this application and the content thereof.
(7) The term "Extensions" means any add-ons to Ableton Products supplied separately by Ableton to You, including, but not limited to, Third-Party Content, Packs and all updates and upgrades to the add-ons.
(12) The term "Open Source" refers to the free or open source software or elements which may be contained in Ableton Products, as the case may be. These components are not licensed hereunder but directly under the respective applicable open source licenses and delivered and included in Ableton Products or Third-Party Content, as the case may be.
(13) The term "Packs" means products supplied separately by Ableton that may contain Software, Third-Party Content, and/or other copyrighted materials, including, but not limited to, presets, sound samples, loops, musical phrases, musical examples, software instruments and effects, STEM, data and other content and all updates and upgrades. For details please see:
ableton.com/packs
(14) The term "Previous Version" means a former version of an Ableton Product to which an upgrade/update is made to the most recent version, and a former version of an Ableton Product with limited features to which more features or Extensions are added. If the license to the Previous Version of the Ableton Product is transferred to another person or entity, no upgrades or updates will be made to it, unless transferred in compliance with Section 6, herein.
(15) The term "Software" means any software product developed, manufactured, licensed and/or supplied by Ableton, including, but not limited to, Live, Note, any software that is included in Ableton hardware and Extensions, any presets, sound samples, loops, musical phrases, musical examples, software instruments and effects, STEM, data and other contents contained and all updates and upgrades.
(19) The term "Third-Party Content" means content developed, manufactured, licensed or supplied by third-parties or other copyrighted third-party material, which may be utilized or included in Ableton Products including, but not limited to, presets, sound samples, loops, musical phrases, musical examples, software instruments and effects, STEM, data and other content and all updates and upgrades.
(20) The term "Trial Versions" means Ableton Products available for a limited trial period as determined by Ableton for the purpose of facilitating the decision-making process with regard to acquiring a commercial version.
(21) The term "User Account" means the online account for the registration and authorization of Ableton Products (as the case may be) as well as other user activities, for details please see:
ableton.com/signup
(1) You, through your act of downloading, installing, copying or using any Ableton Product, do not acquire any ownership rights to such Ableton Product. Ableton Products are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The rights to use Ableton Products as set out in this EULA are licensed, not sold, to You by Ableton.
(2) Trademarks contained in or displayed on Ableton Products are trademarks or registered trademarks of Ableton AG or Ableton Affiliates in Germany, the United States and/or other countries. Third-party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade name, product names, logo, copyright or other proprietary notices, legends, symbols or labels in or on any Ableton Product. This EULA does not authorize You to use Ableton's or its licensors' names or any of their respective trademarks.
(a) Ableton, or Ableton's licensor for Third-Party Content included in Ableton Products ("Imputed Content") and for Third-Party Content made available as optional Packs, is the owner of all right, title and interest in and to Ableton Products (including all copyrights, trademarks and patents) regardless of the media or form of the Ableton Product, whether online, by physical media or otherwise.
(b) You shall not, at any time during or after the effective Term of the EULA, dispute or contest, directly or indirectly, Ableton's, or Ableton's licensors' (with respect to Imputed Content only), exclusive right and title to the Ableton Products or the validity thereof.
(a) You have legally acquired the Ableton Product or purchased the product key and received the allowance to download the Ableton Product by Ableton or an Authorized Store and have not withdrawn from the applicable purchase agreement,
In case of the use within a network, the network must be owned, leased and/or controlled by You or a member of your corporate group, which includes a corporate licensee, a corporate licensee's majority-owned subsidiaries, any parent company having a majority-owned interest in such corporate licensee, and such parent's majority-owned subsidiaries.
(3) Unless other license terms (e.g. terms of Third-Party Content) prevail, the following applies with regard to materials such as presets, sound samples, loops, musical phrases, musical examples, software instruments and effects, STEM, data and other contents that are contained in the Ableton Product:
(a) These materials are provided for Your use only with the Ableton Product, for use as musical instruments and sound design elements, and for integration into, or use in development of, musical compositions. The materials are not to be resold, sublicensed, or otherwise distributed, except as expressly provided herein. The usage of any materials (in particular presets, sound samples, loops, musical phrases and musical examples) for the creation of other sound packs, as a sound library for any kind of (software) synthesizer, virtual instrument, sample library, sample-based product or other musical instrument, is prohibited. This means You may not reformat, mix, filter, re-synthesize or otherwise alter any of the materials contained in the Ableton Product for use in any kind of standalone commercial sampling product/package or software without the express written consent of Ableton.
(b) Use of unmodified materials appearing in isolation including, but not limited to, in film or game soundtracks, is not permitted without obtaining a separate license. Isolated materials, including, but not limited to, sound samples, loops, musical phrases and musical examples, must not to be distributed or licensed or sold as individually licensable content, even if such content is part of a composition, if the sound material is provided in an isolated file such as a STEM.
(c) You may use the materials contained in the Ableton Product such as presets, sound samples, loops, musical phrases and musical examples to create your own original musical compositions, provided that additional material is added, and the respective presets, sound samples, loops, musical phrases and musical examples will be significantly transformed.
(d) You may neither use any demo songs provided to You with the Ableton Product in Your musical composition nor may You reformat, mix, filter, re-synthesize or otherwise alter any demo songs, unless and to the extent there is an exception under applicable copyright law.
(4) You must comply with the applicable terms and conditions of any third-party agreements between You and said third-parties when using the Ableton Products (to the extent not in conflict with this EULA).
(1) You may not rent, lease, or sublicense the Ableton Product on a temporary or permanent basis. You may, however, transfer the license to use the Ableton Product as a whole to another person or entity. However, every transfer requires that You uninstall the Ableton Product and/or cease to use the Ableton Product with all components and that the transferee accepts the EULA and other applicable terms (e.g. terms of an Authorized Store), and may require transferee to register for a User Account and activation of the Ableton Product (while your initial installation will be unregistered).
(5) The license to use a Trial Version is limited to a one time-use per user and per hardware device. You may not re-register under a different name or different account, or from a different hardware device. Only one user may register per hardware device.
(6) If You transfer possession of an Ableton Product, including, but not limited to, any copy of the Ableton Product, to another person or entity except as described above, this license is automatically terminated.
(3) In case of an upgrade or update from a Previous Version of an Ableton Product to a Software Bundle, the license to use the Previous Version of the respective Ableton Product will immediately expire and be replaced by the license to use the Software Bundle. The restriction on transfer described above in Section 6 of this EULA will then apply to all products and components included in the Software Bundle.
The purpose of the Trial Versions is to facilitate the decision-making process with regard to acquiring a commercial version only. Any other use, including, but not limited to, resale, transfer, or public use, is strictly prohibited. This condition extends beyond the trial period, regardless of whether the Ableton Product is running with a restricted feature set or not.
Educational Versions may only be acquired in an educational context by schools, teachers, instructors and students. Educational Versions may require the inclusion of additional terms and conditions and/or license terms and may only be used in a restricted way; in particular, they may only be transferred to a transferee meeting the requirements for licensing such version of Ableton Product. Furthermore, Section 5 of this EULA applies. For more information on such requirements, please refer to the Ableton website at
ableton.com.
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