Two notes Audio Engineering

End-User License Agreement

Article 1

What follows below is a TWO NOTES AUDIO ENGINEERING End-User software license agreement.

Please read this agreement carefully. By installing or using all or any portion of the SOFTWARE you accept all the terms and conditions of this agreement. If you do not agree with the terms of this agreement, please do not use the SOFTWARE. If you agree with the terms herein, please retain the document as it is your proof of license to exercise the rights granted herein.

The SOFTWARE may include product activation and other technology designed to prevent unauthorized use and copying. This technology may cause your computer to access the Internet.

DEFINITIONS

“TWO NOTES AUDIO ENGINEERING ” refers to the company OROSYS as identified in the Legal Notice, responsible for Website management of www.two-notes.com and associated online orders “COMPUTER” means a physical or virtual device that accepts information (in the form of digitised data) and manipulates it for some result based on a program or sequence of instructions on how the data is to be processed.

“SOFTWARE” refers to the music software developed and marketed by TWO NOTES AUDIO ENGINEERING on which TWO NOTES AUDIO ENGINEERING grants licenses. The SOFTWARE includes DynIRs (Virtual Guitar- and Bass-Cabinet emulations, Wall of Sound, GENOME and other proprietary software such as Torpedo Remote & Desktop Remote).

“END USER” refers to any individual who has been regularly granted the right to use TWO NOTES AUDIO ENGINEERING’s SOFTWARE either acting as a TWO NOTES AUDIO ENGINEERING customer or as a person duly authorised to use the SOFTWARE by a TWO NOTES AUDIO ENGINEERING customer.

Article 2

SOFTWARE LICENCE

The END USER is granted the right to use the SOFTWARE subject to the license terms, hereinafter the LICENCE TERMS, applying to TWO NOTES AUDIO ENGINEERING’s customers as set forth in TWO NOTES AUDIO ENGINEERING’s general terms and conditions, hereinafter the TERMS AND CONDITIONS

To that extent, it is reminded that :

  • GENERAL USE. TWO NOTES AUDIO ENGINEERING and its suppliers owns all intellectual property in the SOFTWARE, including but not limited to patents, data, secrets and graphical elements. The SOFTWARE is licensed on a non-exclusive basis. TWO NOTES AUDIO ENGINEERING permits you to install and use the SOFTWARE only in accordance with the term of the LICENSE TERMS. You must not copy any written material accompanying the SOFTWARE. You agree not to use any TWO NOTES AUDIO ENGINEERING trademarks, brand name or logos without prior written consent of TWO NOTES AUDIO ENGINEERING.
  • DEMONSTRATION LICENSE. At your choice, you may download a 14-day free demonstration SOFTWARE version of the TWO NOTES AUDIO ENGINEERING GENOME SOFTWARE. The license on this trial version shall apply during the entire period of evaluation. The 14-day demonstration SOFTWARE must only be used for the purpose of evaluation, not for commercial use.
  • UPGRADES OR UPDATES. If the SOFTWARE is an upgrade or update to a previous version of the SOFTWARE, you must hold a valid license to such previous version in order to use such upgrade or update. By using an upgrade or update, you agree that you no longer have the license to use any previous version of the SOFTWARE. Upgrades and updates may also be separately licensed to you by TWO NOTES AUDIO ENGINEERING in accordance with the applicable LICENCE TERMS at the date of subscription.
  • RESTRICTION AND REQUIREMENTS. Any permitted copy of the SOFTWARE must contain the same copyright and other proprietary notices that appear on or in the SOFTWARE. You may not modify, adapt or translate the SOFTWARE. You will not reverse engineer, decompile, disassemble, derive or otherwise attempt to discover the source code of the SOFTWARE. You may not rent, lease, sublicense, assign or transfer your rights in the SOFTWARE, or authorize any portion of the SOFTWARE to be copied onto another individual or legal entity’s COMPUTER except as may be expressly permitted herein.      
  • Unless otherwise provided in the TERMS AND CONDITIONS, you may not transfer your rights to use the SOFTWARE. You may not use the SOFTWARE in any manner that infringes the intellectual property or other rights of another party. You may not transfer education, pre-release or Not For Sales (NFR) copies of the SOFTWARE.

Article 3

LIMITATION OF LIABILITY

Except for the remedy offered by  TWO NOTES AUDIO ENGINEERING to its customers according to the TERMS AND CONDITIONS and any remedies that cannot be excluded or limited under law, TWO NOTES AUDIO ENGINEERING, its affiliates, suppliers, or certificate authorities will not be liable to you for any loss, damages, claims or costs whatsoever including any consequential, indirect or incidental damages, any loss of profits, loss of savings, loss of business information or other pecuniary loss, any damages resulting from business interruption, personal injury or failure to meet any duty of care, or claims by a third party, even if a TWO NOTES AUDIO ENGINEERING representative has been advised of the possibility of such loss, damages, claims or costs.

Article 4

GENERAL PROVISION

If you are a consumer who uses the SOFTWARE for only personal non-business purposes, then this agreement will be governed by the laws of the state in which you are residing. If you are not such a consumer, French law shall govern the interpretation and enforceability of this agreement. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which remains valid and enforceable according to its terms. In the absence of a specific agreement signed by you and TWO NOTES AUDIO ENGINEERING, this agreement shall be the sole and complete agreement between you and TWO NOTES AUDIO ENGINEERING, regarding the SOFTWARE.

Article 5

SUPPORT

TWO NOTES AUDIO ENGINEERING is not obligated to furnish or make available to you any further information, software, technical information, know-how or support. TWO NOTES AUDIO ENGINEERING reserves the right to modify the SOFTWARE, and all associated materials, without further notice.