License Agreement

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LA License Agreement 2018/12/12

End User License Agreement (EULA)


This End User License Agreement (the “EULA”) is a legal agreement between you
(either in your individual capacity, or on behalf of an entity), hereafter sometimes
referred to as “you,” “Licensee,” or “End User” and Liqube Audio e.U. (“Liqube
Audio”) in order to give you a license to use the Software as set forth in this
Agreement under the conditions in this Agreement.

By downloading the software package and/or by installing and/or by clicking an


acceptance button that follows this EULA and/or otherwise using the Software (as
defined below), you acknowledge that you have read this EULA, understand its
terms and conditions, and agree to be bound by such terms and condition. If you
are accepting the EULA on behalf of a corporation or other entity, you declare that
you are authorized to do so.

This agreement applies to both “Resonic Player” and “Resonic Pro”. Sections only
applying to one of the two will be marked as such.

1. Definitions

“Software” includes
(i) software files and other computer information of Liqube Audio and third parties
(ii) written documentation (manual) belonging thereto and
(iii) all modified versions and copies, which are provided by Liqube Audio in the form of
updates, upgrades, patches and enhancements of Liqube Audio provided that these are
not regulated by another agreement.

The software and all authorized copies of this software which you make are the
intellectual property of Liqube Audio and their suppliers.
The software is legally protected in particular by the copyright law of the Republic of
Austria and other countries as well as by international treaties.

“Commercial Use”, for the purpose of this Agreement, constitutes any commercial use
and any use of the Software for the direct or indirect purpose of financial benefit.

“Computer” refers to any physical or virtual device that can process data with the
assistance of a programmable calculation specification (e.g. PC, laptop, workstation, an
instance of a virtual machine, etc.) in conjunction with a CPU or multi-core processor.
LA License Agreement 2018/12/12

“License Seat” refers to the license assigned to a specific Computer belonging to


Licensee following activation of the Software.

2. Grant of license
Liqube Audio grants you a non-exclusive license for the use of the software according to
the terms and conditions of this Agreement. Licensee may not lease, loan or sublicense
the software; unless the granting of such right will be specified as a supplement to this
EULA.

Licensee is entitled to prepare a backup copy of the software which will not be used for
purposes other than storage purposes.

Licensee does not acquire any ownership rights to the Software. The Software is
protected by copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties. The rights to use the Software as set out in this
Agreement are licensed, not sold, to you by Liqube Audio.

Licensee may not reverse engineer, decompile, disassemble or modify the Software in
any way, or create derivative works from the Software or provide the Software as
“software as a service”.

The Software may be used to reproduce materials and prepare derivative works
therefrom. It is licensed to you only for reproduction and preparation of derivative
works of non-copyrighted materials, materials in which you own the copyright, or
materials you are authorized or permitted by law to reproduce and prepare derivative
works from.

The configuration of the software may not be modified for the purpose of distribution,
assignment or resale.

(i) Resonic Player

Resonic Player is provided by Liqube Audio to you for free. There are no restrictions on
the number of computers it may be installed on, or the time period within it may be
used. It is provided “AS IS”, with no warranties, express or implied, or maintenance
service.

Commercial Use of Resonic Player is prohibited.


LA License Agreement 2018/12/12

Redistribution of Resonic Player on physical media requires explicit prior written


permission by Liqube Audio.

(ii) Resonic Pro

(a) Evaluation Copy

This section shall apply only if the Software has been provided for the Licensee’s
evaluation of the Software (“Evaluation Copy” or “Trial Version”). An Evaluation Copy is
provided “AS IS”, with no warranties, express or implied, or maintenance service; for the
sole and exclusive purpose of enabling Licensee to evaluate the Software.

The evaluation copy license is limited to a one time-use per user and per hardware
device. Licensee may not re-register under a different name, different account, or from a
different hardware device. Only one user may register per hardware device.

Any other use, including, but not limited to, Commercial Use, resale, transfer, or public
use, is strictly prohibited.

(b) Commercial License

Upon issuance of a valid Activation or License Key to you, this License Agreement grants
Licensee the following rights:

Liqube Audio grants the Licensee a limited, non-exclusive license to use and copy the
Software for use on his or her Computer(s).

Licensee is allowed to install and use the Software on a predetermined number (three –
unless otherwise stated) of Computers (“License Seats”) in his or her possession. Liqube
Audio may, but is not obligated to, provide additional License Seats in case Licensee
wishes to replace a Computer, e.g. due to hardware failure.

Licensee is entitled to receive free product updates for a predetermined period of time
(see Section 5).

3. Term
LA License Agreement 2018/12/12

This License is effective upon Licensee’s first use of the Software and shall continue until
terminated. Liqube Audio may terminate this Agreement upon breach by Licensee of
any terms hereof.

4. Activation of the Software (Resonic Pro)


Liqube Audio may use a compulsory activation of the Software for license control to
protect the Software against unlawful copying.

The Software can be activated online or offline. The offline activation process require
that you download and transfer a license key to the Computer on which the Software is
installed.

Liqube Audio will provide Licensee with one or more activation codes and/or license
keys. These may be delivered as text (e.g. via email) or as data files. Licensee is
prohibited from distributing these keys to unauthorized third parties.

Liqube Audio assumes no liability or obligation if Licensee loses access to their


activation code(s) and/or license key(s) as a result of loss, theft or otherwise.

Individual licenses may be subject to periodic validation to ensure that the original
Software is being used and that it is being used according to the license terms and
conditions.

5. Support, upgrades and updates after product


activation (Resonic Pro)
Licensee is entitled to download, install and use, free of charge, updates released by
Liqube Audio for the licensed Software for a predetermined period of time (“Update
Period”), starting at the moment of activation or issuance of a license key.

During this period, Liqube Audio also offers electronic internet support. This
encompasses clarification of installation/usage questions and installation/usage
problems by internet or email. The rendering of support is at the sole discretion of
Liqube Audio and is not connected with any guarantee or warranty.

After the end of the Update Period, Licensee may continue to use any versions of
licensed Software released by Liqube Audio until that point without restrictions.
LA License Agreement 2018/12/12

Liqube Audio may, but is not required to, provide previous versions of the Software on
request.

6. Guarantee and liability


Licensee is aware that state of the art Software programs and associated documentation
may contain errors, and that it is not possible to develop data processing programs in
such a way that they are error-free for all application conditions and all customer
requirements, or error-free in conjunction with all third-party programs and hardware.
Liqube Audio provides no assurances of particular features and usability related to
planned customer-specific applications.

Liqube Audio shall only be liable without restriction according to the statutory
provisions for damages of the Licensee caused by intentional or gross negligent
conduct of Liqube Audio or its agents.

Insofar as Software contain functions that operate via an online server, Liqube Audio
retains the right to end the offering at any time. Availability will not be guaranteed.

This Agreement constitutes the entire understanding of the subject matter between the
parties. Subsidiary agreements have not been concluded.

Should one or more of the conditions in this agreement be or become invalid, this will
not affect the validity of the remaining agreement. A substitute provision will replace the
invalid condition, such as comes closest to the intended purpose.

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