Spitfire Audio License Transfer

[Yi Pressimone]

PERSONALDATA: You agree to provide only true, accurate and complete information to us via the Site. Any personal information provided by Users will be treated with appropriate care and security in accordance with, and by agreeing to this Agreement you expressly agree to the terms of, our Privacy Policy.

2. Passwords. You agree: to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the Site or any Content; to not do anything which would assist anyone who is not a Registered User of the Service to gain access to any secured area of the Site, and; to not create additional registration accounts for the purpose of abusing the functionality of the Site or any Content, or other Users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, please let us know immediately via Spitfireaudio.com/support and we will secure your account as quickly as possible. Please note that you will be responsible to Spitfire Audio and to others for all activity that occurs under your registration account.

3. Content. The Site and the Content are intended only for the purposes specified or implied therein, and your use of the Site and the Content is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. Spitfire Audio, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or the Content in any form (including storing it in any medium) other than as expressly allowed herein or as set out in the Site and the Content (or under UK or local law). Save as expressly set out in this Agreement, the Site and the Content are for your personal use only, and are not for re-distribution, transfer, assignment or sublicense. Spitfire Audio will not be responsible if a Product does not fit your particular intended purpose.

5. Licence for Download and Use of Products. By purchasing a Product (and subject to your compliance with this Agreement), Spitfire Audio grants to you (and only you) a non-exclusive, non-sublicensable, non-transferrable license to download (on not more than two devices concurrently) and use the Products you purchase from Spitfire Audio PROVIDED ALWAYS that you use the purchased Sound File(s) only within your own newly-created sound recording(s) and/or performances in a manner that renders the Sound File(s) substantially dissimilar to the original sound of the Sound File in each case. The Products (and all recordings and/or compositions incorporated therein) are the property of Spitfire Audio and are licensed to you only for use as part of a live or recorded musical performance. You may not use these sounds and digital signal processing and effects for any commercial or non-commercial purpose except where you have combined them with other sounds within one or more musical composition(s) and/or recording(s). Replaying and recording loops or sounds through any of our Products and reselling or distributing those loops and sounds other than in a musical composition is strictly prohibited. This license expressly forbids resale or other distribution of the Products or their derivatives, either as they exist in the library, reformatted for use in another sampler, or mixed, combined, filtered, re-synthesised or otherwise edited, for use as sounds, multi-sounds, samples, multi-samples, effects, sound sets, programmes or patches in a sampler, microchip, computer or any sample playback device. You may not sell any Product(s), or give away any Product(s) for use by any other person(s) (whether or not for use with Spitfire Audio tools or any other sampling or sample playback devices). Products may not be used in or in relation to any competitive products that are sold or relicensed to any third parties. Except as expressly permitted herein, to the fullest extent of applicable law you may not copy, modify, distribute, sell or lease any Product, and you may not reverse engineer or attempt to extract the source code of any Product.

6. No Resale of Products. For the avoidance of doubt, you are granted a personal non-transferable licence to use the Products solely for your own personal use. Products are for use only as described hereunder and must not be shared with or given or transferred to any third party or uploaded to any file sharing site or offered for resale or public transmission unless mixed into your own original music productions. The licence granted to you is effective only from the date you download, install or use the Product(s) (whichever is earliest) and such licence will remain in force until terminated by Spitfire Audio as a result of any breach by you of this Agreement.

7. Protection of Audio and Software Products. You expressly agree to take all reasonable steps to protect the Product(s) you purchase (including Documentation) from unauthorised copying or use. This includes protecting your devices and networks from unauthorised access (and you shall be deemed responsible for any third party use of your personal devices and networks). You agree not to modify any Product(s) or to otherwise circumvent any method or means adopted or implemented by Spitfire Audio (or its partners or licensees) to protect against or discourage the unlicensed use of copying of the Product(s).

8. Ownership. Ownership of, and title to, the Products (and all digitally recorded sounds and/or copies therein) is held by Spitfire Audio. Copies are provided to you solely to enable you to exercise your rights hereunder. When you purchase any Product(s), you are purchasing a limited licence for use (and not ownership) of Product(s). Except as expressly authorised in this Agreement, you may not rent, lease, sell, sublicense, distribute, transfer, copy, reproduce, display, modify or time share any Product(s) or Documentation (or part or element thereof).

9. Copyright. All rights not expressly granted to User are reserved. The Products are licensed, not sold, to you to be used for (or, in the case of Sound Files, reproduced within) only your own original musical compositions and productions. All copying, lending, duplicating, re-selling or trading of any Product or other Content is strictly prohibited, save as used for or incorporated into your original created works. Only the original purchaser of a Sound File has the right to embody and reproduce that Sound File within their music compositions/productions. This license is granted for a single user only (and is given on a worldwide basis). You agree and acknowledge that Spitfire Audio has a proprietary interest in all sound recordings available via the Site, and that any use by you that frustrates the purpose of this Agreement or circumvents the revenue model of Spitfire Audio (including without limitation selling, renting, or otherwise using or distributing un-integrated Content) may cause irreparable loss to Spitfire Audio in a way that could not be adequately compensated by damages. For the avoidance of doubt, no ownership of copyright is transferred by Spitfire Audio to Users hereunder.

11. Pricing. Prices are as set out on the relevant pages of the Site from time to time. Prices (and availability of specific Products) are subject to change by posting new prices or notification of availability at any time. Where prices include VAT, this is clearly stated on the web site. Please note that use of the Service may be subject to data charges imposed by your internet or mobile phone provider and you will be responsible for payment of any such charges.

12. Payments. Payments may be by credit or debit card using Visa, MasterCard, American Express or PayPal (or other payment methods offered from time to time as detailed on the Service). All transactions, including pre-orders, are charged immediately. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If your card issuer refuses to authorise payment, your order will be cancelled and we will not be liable for any delay or non-delivery. We are not responsible for your card issuer or bank charging you as a result of us processing of your credit/debit card payment in accordance with your order, and we shall not be obliged to inform you of any reason for refusal. By using your credit or debit card, you confirm that the card belongs to you and that there are sufficient funds or credit available to cover the charges. By placing any order hereunder, you warrant and represent that you are legally capable of entering into binding contracts and that you have agreed to be bound by this Agreement. Please note that international payments and certain payment methods may give rise to higher payment processing costs.

13. Refunds. Due to the nature of downloadable products and online services, no refunds are normally available for Products which have already been downloaded. Any refund request will be considered in our sole discretion and our decision will be final. Nothing herein affects your statutory rights.

If the product you purchased is eligible, you can return it within seven (7) days of the purchase date. To initiate a return, please contact our customer support using the widget in the bottom right corner of the site. We will need remote access to your machine to remove specific files related to the product.

3a8082e126