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Terms of Service

Version dated: 21 August 2019

These terms of service (“Terms of Service”) constitutes a legal agreement between you and Reason Studios Aktiebolag, Hornsbruksgatan 23, SE-117 34 Stockholm, Sweden (“Reason Studios”) and govern your use of the service described under section 1.1. Please read this agreement carefully.

1. INTRODUCTION

1.1 Reason Studios is the provider of a marketplace (the “Marketplace”) that allows you to purchase, rent-to-own, subscribe to, download, view or use music hardware and software and ancillary products or services (collectively, the “Products”) for end user use under the terms and conditions set forth in these Terms of Service. Reason Studios's standard end user license agreement applies for licensing of Reason Studios´s software Products. Separate terms and conditions may apply with respect to hardware and use of Products other than through purchase/licensing. Products are provided by Reason Studios, but some Products may be the subject to additional third-party terms and conditions in accordance with section 6.

Some Products may allow you to create, edit, upload, download, and use content via third-party services. In order to use such third-party service, you may be required to read and accept the terms and conditions pertaining to such third-party service. These Terms of Service apply to all users of the Marketplace. The service enabling your use of the Marketplace is referred to as the “Service”.

1.2 To use the Service you must first agree to these Terms of Service. If you do not accept these terms, you are not entitled to use the Service. You accept the Terms of Service (including any end user licenses and third-party licenses referred to in the Terms of Service) by either creating a user account or otherwise clicking to agree or accept where these options are presented. You agree to comply with the Terms of Service and any applicable law, regulations or policies in the relevant jurisdiction.

1.3 Reason Studios may modify these Terms of Service by posting new or additional terms. Such modifications and additional terms will be incorporated into the agreement between you and Reason Studios. If you do not agree to the changes, you must notify Reason Studios and cease your use of the Service and any Product and content obtained through the Service. Your continued use of the Service is your acceptance of the changed Terms of Service.

1.4 You must be 16 years of age or older to subscribe and to use the Services. In certain jurisdictions, the age of majority may be older than 16, in which case, you must satisfy that age in order to use the Services. While individuals under the age of 16 may utilise the Service, they may do so only with the involvement, supervision, and approval of a parent or legal guardian.

2. USE OF THE SERVICE

2.1 Products provided through the Service are licensed (or otherwise provided for your use) and not sold to you (save for hardware, accessories etc.). Reason Studios reserves all other rights not expressly granted in the Terms of Service.

2.2 In order to access certain features or services provided through the Service, you may be required to provide information about yourself; such as your name, address, age and billing details. You agree that any such information you provide to Reason Studios will always be accurate, complete and current at all times. Certain features or services may also require you to open a user account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password. You agree to notify Reason Studios immediately of any unauthorized use of your account or password.

2.3 You agree that Reason Studios’s Privacy Policy applies to your use of the Service and that Reason Studios may store and use your personal information in accordance with the policy. If Reason Studios’s Privacy Policy changes, we will post an updated version on our website. The policy revision date will be posted at the bottom of this page.

2.4 You agree that you will not (i) engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service), (ii) use the Service to transfer or upload Content or other material that contains viruses, corrupted data, malicious software or programs that may harm computers or other property or (iii) use any of the Products or Content in a way that interferes or disrupts any servers, networks, or websites operated by Reason Studios or any third-party or (iv) in any other manner misuse the Service or use the Service other than for the intended purpose.

2.5 You are responsible for backing up your own system, including any Products and content obtained through the Service.

2.6 You agree that Reason Studios and/or third parties own all rights to the Service and the Products available through the Service, including without limitation all applicable intellectual property rights. Intellectual property rights include, without limitation, copyright, trademark rights, patent rights, design rights, trade secrets, know-how and any and all other proprietary rights worldwide.

2.7 You agree that you will not (i) copy, sell, license, transfer, modify, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Marketplace or the Products, to the maximum extent permitted by applicable law, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (for example digital rights management or forward-lock functionality) in the Service or the Products, (iii) use the Products to access, copy, transfer, transcode or retransmit content in violation of any law or third-party rights, or (iv) remove, obscure, or alter Reason Studios’s or any third-party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Service or the Products.

3. RULES OF CONDUCT AND CONTENT

Please be nice and thoughtful of others.

We want to keep everything running smoothly and be welcoming for everyone.

3.1 You agree that you will not use the Service to defame, harass, discriminate or threaten another person/company or in any other way violate rights. To the extent that the Service or a Product allows you to upload content (“Content”) the following applies. You agree to and warrant that the Content is created, owned or duly licensed by you. You may not upload Content that contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have the permission from the rightful owner of the material. You may not upload Content or other material which promotes illegal activity, is racially or ethnically offensive, constitutes defamation or is otherwise discriminating or offensive in any other way.

3.2 Reason Studios reserves the right to immediately, without prior notice to you, remove any Content or other material from the Service that Reason Studios, in its sole discretion, deems to be in breach of these Terms of Service or any other terms or conditions posted on the Service or otherwise deems to constitute a misuse or a use of the Service for other than the intended purpose. Reason Studios reserves the right to terminate a user’s account if you take any action that Reason Studios determines is harmful to the Service or the use of the Service by others or is in violation of applicable law or these Terms of Service.

4. COPYRIGHT POLICY

4.1 Reason Studios respect the intellectual property rights of others and expects users of the Service to do the same. Reason Studios will respond to notices of alleged copyright infringement that are properly provided.

4.2 If you believe or suspect that Content on the Service or used in connection with a Product is in breach of the Terms of Service or is used in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed (information reasonably sufficient to permit us to locate the material); (iv) your contact information, such as your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

4.3 For notice of alleged copyright infringement appearing on the Service, contact us at https://help.reasonstudios.com/hc/requests/new.

5. PROVISION OF THE SERVICE AND PRODUCTS

5.1 Reason Studios reserves the right to modify, suspend or discontinue the Service (or any part of features thereof), at any time without prior notice to you. Reason Studios is not liable to you or any third-party should it exercise such rights.

5.2 Reason Studios may make available to you various payment processing methods to enable or facilitate the purchase, licensing or other use of Products from the Service. You agree to abide by any relevant terms of service or other legal agreement, whether with Reason Studios or a third-party, that governs your use of the given payment processing method. Any billing statement in relation to a purchase through the Service will be provided through your user account or by e-mail. For certain Products subscription or rent-to-own may be available to you as an alternative to purchase/licensing of Products: additional information, prerequisites and applicable terms are set out on the Reason Studios web/Marketplace.

5.3 Save as provided in section 5.4, all sales, licensing, rent-to-own and subscriptions are final and nonrefundable unless otherwise provided by mandatory law or expressly stated by Reason Studios. Unless otherwise expressly stated by Reason Studios, prices for Products offered through the Service may change at any time. Reason Studios do not provide price protection or refunds in the event of a price reduction or a promotional offering.

5.4 With exception to the sales and supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery as well as digital content which is not supplied on a tangible medium, consumers in a member state of the European Union may be entitled to a right of withdrawal (Sw: 'ångerrätt'). For further information, please see the Information concerning the exercise of the right of withdrawal, which forms an integrated part of these Terms of Service.

5.5 You agree to comply with any and all applicable tax laws; including the reporting and payment of any additional taxes arising in connection with your use of the Service or the purchase or utilisation of Products through the Service, and that the reporting and payment of any such applicable taxes are your responsibility.

5.6 From time to time, Reason Studios may discover that a Product provided through the Service violates the agreement between Reason Studios and the developer of a Product or other legal agreements, laws or policies. Reason Studios reserves the right to immediately remove that Product from the Service without any prior notice to you.

6. THIRD PARTY TERMS

6.1 Certain Products, or parts thereof, available through the Service are developed and/or provided by third parties and contain third-party terms and conditions that govern use of such Products (“Third-party Terms”). For Rack Extension Products, such Third-party Terms can be found here: reasonstudios.com/agreements#third-party-product-eula. Any dealings between you and such third-party are solely between you and the third-party. Reason Studios is not responsible or liable for any aspects of such dealings. The terms in these Terms of Service limiting Reason Studios’s liability also apply to your use of the third-party Products to the extent that such terms are not covered by the Third-party Terms.

7. AUTOMATIC UPDATES

7.1 Products provided through the Service may communicate with Reason Studios’s servers, or a third-party’s server, from time to time, to check for available updates to the Products, such as bug fixes, patches, enhanced functions and new versions. By installing the Products, you agree to such automatically requested and received updates.

8. EXPORT RESTRICTIONS

8.1 Products provided through the Service may be subject to laws or regulations relating to the control of imports and exports of the Products. You agree to comply with all such applicable laws and you shall not export or re-export directly or indirectly any part of the Products to any such country without first obtaining permission from the relevant authority.

9. INDEMNIFICATION

9.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Reason Studios, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney fees) arising out of or accruing from your use of the Service, including your downloading, uploading, installation, or use of any Products or Content, or your violation of these Terms of Service.

10. TERMINATION

10.1 These Terms of Service will continue to apply until terminated by you or Reason Studios. Please note that a license to Content that you have uploaded cannot be terminated with retroactive effect and that your license still applies to use of Content uploaded before such termination.

10.2 If you want to terminate these Terms of Service, you may do so by notifying Reason Studios and ceasing your use of the Service and any Product (other than hardware and tangible items) and content obtained (if any) through the Service.

10.3 Reason Studios may at any time terminate these Terms of Service with you if (i) you have breached any provision of these Terms of Service; (ii) if Reason Studios is required to do so by law; or (iii) if Reason Studios decides to no longer provide the Service.

11. DISCLAIMER OF WARRANTIES

11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND ANY PRODUCTS OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, IS AT YOUR SOLE RISK AND THAT THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES TERMS AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO ANY PRODUCTS OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE AS WELL AS THE SERVICE ITSELF, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THESE TERMS OF SERVICE CANNOT CHANGE.

11.2 YOUR USE OF THE SERVICE AND ANY PRODUCTS OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.

12. LIMITATIONS OF LIABILITY

12.1 SUBJECT ALWAYS TO SECTION 12.2, YOU EXPRESSLY UNDERSTAND AND AGREE THAT REASON STUDIOS AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT INCLUDING NEGLIGENCE OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOSS OF INCOME, BUSINESS OR PROFITS THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE SERVICE OR ANY PRODUCTS OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED FROM THE SERVICE, INCLUDING ANY LOSS OF DATA. IN ANY EVENT, REASON STUDIOS ́S LIABILITY SHALL NEVER EXCEED ONEHUNDRED (100) EUR.

12.2 Nothing in the Terms of Service will affect the statutory rights of any consumer nor exclude the liability of Reason Studios, its subsidiaries or affiliates for: (i) death and personal injury caused by negligence; (ii) fraudulent misrepresentation; or (iii) any other liability which cannot be limited by applicable law.

13. MISCELLANEOUS

13.1 Reason Studios may assign, transfer, sell or otherwise dispose its rights and obligations under these Terms of Service, in whole or part, at any time without notice to you. You may not assign this agreement or any part of it.

13.2 Reason Studios may notify you with respect to the Service by sending an e-mail message to the e-mail address provided by you or by a posting on the Service. Notices shall become effective immediately.

13.3 These Terms of Service and the use of the Service are governed by Swedish law.

13.4 By creating a user account and/or purchasing, licensing, subscribing to, renting-to-own or otherwise obtain any of the Products (including Rack Extension subscriptions), you demonstrate that you hereby accept and acknowledge that you are obliged to follow the terms of these Terms of Service. Furthermore, you also acknowledge that you have read, understand and agree to all of the terms, conditions, obligations and limitations of these Terms of Service (including, but not limited, any and all of Reason Studios’s policies, standards, instructions and guidelines, from time to time).

The Service is provided by Reason Studios AB (Reg. No.: 556546-2206),
Hornsbruksgatan 23,
SE-117 34 Stockholm,
Sweden

Version dated: 2019-08-21


Terms of Service

Version dated: 05 May 2018

These terms of service (“Terms of Service”) constitutes a legal agreement between you and Propellerhead Software AB, Hornsbruksgatan 23, SE-117 34 Stockholm, Sweden (“Propellerhead”) and govern your use of the service described under section 1.1. Please read this agreement carefully.

1. INTRODUCTION

1.1 Propellerhead is the provider of a marketplace (the “Marketplace”) that allows you to purchase, subscribe to, download, view or use music hardware and software and ancillary products or services (collectively, the “Products”) for end user use under the terms and conditions set forth in these Terms of Service. Propellerhead's standard end user license agreement applies for licensing of Propellerhead software Products. Separate terms and conditions may apply with respect to hardware and use of Products other than through purchase/licensing. Products are provided by Propellerhead, but some Products may be the subject to additional third-party terms and conditions in accordance with section 6.

Some Products may allow you to create, edit, upload, download, and use content via third-party services. In order to use such third-party service, you may be required to read and accept the terms and conditions pertaining to such third-party service.

These Terms of Service apply to all users of the Marketplace. The service enabling your use of the Marketplace is referred to as the “Service”.

1.2 To use the Service you must first agree to these Terms of Service. If you do not accept these terms, you are not entitled to use the Service. You accept the Terms of Service (including any end user licenses and third-party licenses referred to in the Terms of Service) by either creating a user account or otherwise clicking to agree or accept where these options are presented. You agree to comply with the Terms of Service and any applicable law, regulations or policies in the relevant jurisdiction.

1.3 Propellerhead may modify these Terms of Service by posting new or additional terms. Such modifications and additional terms will be incorporated into the agreement between you and Propellerhead. If you do not agree to the changes, you must notify Propellerhead and cease your use of the Service and any Product and Content obtained through the Service. Your continued use of the Service is your acceptance of the changed Terms of Service.

1.4 You must be 16 years of age or older to subscribe and to use the Services. In certain jurisdictions, the age of majority may be older than 16, in which case, you must satisfy that age in order to use the Services. While individuals under the age of 16 may utilise the Service, they may do so only with the involvement, supervision, and approval of a parent or legal guardian.

2. USE OF THE SERVICE

2.1 Products provided through the Service are licensed (or otherwise provided for your use) and not sold to you (save for hardware, accessories etc.). Propellerhead reserves all other rights not expressly granted in the Terms of Service.

2.2 In order to access certain features or services provided through the Service, you may be required to provide information about yourself; such as your name, address, age and billing details. You agree that any such information you provide to Propellerhead will always be accurate, complete and current at all times. Certain features or services may also require you to open a user account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password. You agree to notify Propellerhead immediately of any unauthorized use of your account or password.

2.3 You agree that Propellerhead’s Privacy Policy applies to your use of the Service and that Propellerhead may store and use your personal information in accordance with the policy in order to provide, analyze, administer, enhance, update and personalize our services and marketing efforts, to process your registration, your orders and your payments, and to communicate with you on these and other topics. If Propellerhead’s privacy policy changes, we will post an updated version on our website. The policy revision date will be posted at the bottom of this page.

2.4 You agree that you will not (i) engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service), (ii) use the Service to transfer or upload Content or other material that contains viruses, corrupted data, malicious software or programs that may harm computers or other property or (iii) use any of the Products or Content provided through the Service in a way that interferes or disrupts any servers, networks, or websites operated by Propellerhead or any third-party or (iv) in any other manner misuse the Service or use the Service other than for the intended purpose.

2.5 You are responsible for backing up your own system, including any Products and content obtained through the Service.

2.6 You agree that Propellerhead and/or third parties own all rights to the Service and the Products available through the Service, including without limitation all applicable intellectual property rights. Intellectual property rights include, without limitation, copyright, trademark rights, patent rights, design rights, trade secrets, know-how and any and all other proprietary rights worldwide.

2.7 You agree that you will not (i) copy, sell, license, transfer, modify, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Marketplace or the Products, to the maximum extent permitted by applicable law, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (for example digital rights management or forward-lock functionality) in the Service or the Products, (iii) use the Products to access, copy, transfer, transcode or retransmit content in violation of any law or third-party rights, or (iv) remove, obscure, or alter Propellerhead’s or any third-party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Service or the Products.

3. RULES OF CONDUCT AND CONTENT

Please be nice and thoughtful of others.

We want to keep everything running smoothly and be welcoming for everyone.

3.1 You agree that you will not use the Service to defame, harass, discriminate or threaten another person/company or in any other way violate rights. To the extent that the Service or a Product allows you to upload content (“Content”) the following applies. You agree to and warrant that the Content is created, owned or duly licensed by you. You may not upload Content that contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have the permission from the rightful owner of the material. You may not upload Content or other material which promotes illegal activity, is racially or ethnically offensive, constitutes defamation or is otherwise discriminating or offensive in any other way.

3.2 Propellerhead reserves the right to immediately, without prior notice to you, remove any Content or other material from the Service that Propellerhead, in its sole discretion, deems to be in breach of these Terms of Service or any other terms or conditions posted on the Service or otherwise deems to constitute a misuse or a use of the Service for other than the intended purpose. Propellerhead reserves the right to terminate a user’s account if you take any action that Propellerhead determines is harmful to the Service or the use of the Service by others or is in violation of applicable law or these Terms of Service.

4. COPYRIGHT POLICY

4.1 Propellerhead respect the intellectual property rights of others and expects users of the Service to do the same. Propellerhead will respond to notices of alleged copyright infringement that are properly provided.

4.2 If you believe or suspect that Content on the Service or used in connection with a Product is in breach of the Terms of Service or is used in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed (information reasonably sufficient to permit us to locate the material); (iv) your contact information, such as your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

4.3 For notice of alleged copyright infringement appearing on the Service, contact us at https://help.reasonstudios.com/hc/requests/new.

5. PROVISION OF THE SERVICE AND PRODUCTS

5.1 Propellerhead reserves the right to modify, suspend or discontinue the Service (or any part of features thereof), at any time without prior notice to you. Propellerhead is not liable to you or any third-party should it exercise such rights.

5.2 Propellerhead may make available to you various payment processing methods to enable or facilitate the purchase, licensing or other use of Products from the Service. You agree to abide by any relevant terms of service or other legal agreement, whether with Propellerhead or a third-party, that governs your use of the given payment processing method. Any billing statement in relation to a purchase through the Service will be provided through your user account or by e-mail. For certain Products subscription may be available to you as an alternative to purchase/licensing of Products: additional information, prerequisites and applicable terms are set out on the Propellerhead web/Marketplace.

5.3 Save as provided in section 5.4, all sales, licensing and subscriptions are final and nonrefundable unless otherwise provided by mandatory law or expressly stated by Propellerhead. Unless otherwise expressly stated by Propellerhead, prices for Products offered through the Service may change at any time. Propellerhead do not provide price protection or refunds in the event of a price reduction or a promotional offering.

5.4 With exception to the sales and supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery as well as digital content which is not supplied on a tangible medium, consumers in a member state of the European Union may be entitled to a right of withdrawal (Sw: 'ångerrätt'). For further information, please see the Information concerning the exercise of the right of withdrawal, which forms an integrated part of these Terms of Service.

5.5 You agree to comply with any and all applicable tax laws; including the reporting and payment of any additional taxes arising in connection with your use of the Service or the purchase or utilisation of Products through the Service, and that the reporting and payment of any such applicable taxes are your responsibility.

5.6 From time to time, Propellerhead may discover that a Product provided through the Service violates the agreement between Propellerhead and the developer of a Product or other legal agreements, laws or policies. Propellerhead reserves the right to immediately remove that Product from the Service without any prior notice to you.

6. THIRD PARTY TERMS

6.1 Certain Products available through the Service are developed and/or provided by third parties and contain third-party terms and conditions that govern your use of such Products (“Third-party Terms”). For Rack Extension Products, such Third-party Terms can be found here: https://www.reasonstudios.com/agreements#third-party-product-eula. Any dealings between you and such third-party are solely between you and the third-party. Propellerhead is not responsible or liable for any aspects of such dealings. The terms in these Terms of Service limiting Propellerhead’s liability also apply to your use of the third-party Products to the extent that such terms are not covered by the Third-party Terms.

7. AUTOMATIC UPDATES

7.1 Products provided through the Service may communicate with Propellerhead’s servers, or a third-party’s server, from time to time to check for available updates to the Products, such as bug fixes, patches, enhanced functions and new versions. By installing the Products, you agree to such automatically requested and received updates.

8. EXPORT RESTRICTIONS

8.1 Products provided through the Service may be subject to laws or regulations relating to the control of imports and exports of the Products. You agree to comply with all such applicable laws and you shall not export or re-export directly or indirectly any part of the Products to any such country without first obtaining permission from the relevant authority.

9. INDEMNIFICATION

9.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Propellerhead, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney fees) arising out of or accruing from your use of the Service, including your downloading, uploading, installation, or use of any Products or Content, or your violation of these Terms of Service.

10. TERMINATION

10.1 These Terms of Service will continue to apply until terminated by you or Propellerhead. Please note that a license to Content that you have uploaded cannot be terminated with retroactive effect and that your license still applies to use of Content uploaded before such termination.

10.2 If you want to terminate these Terms of Service, you may do so by notifying Propellerhead and ceasing your use of the Service and any Product (other than hardware and tangible items) and content obtained (if any) through the Service.

10.3 Propellerhead may at any time terminate these Terms of Service with you if (i) you have breached any provision of these Terms of Service; (ii) if Propellerhead is required to do so by law; or (iii) if Propellerhead decides to no longer provide the Service.

11. DISCLAIMER OF WARRANTIES

11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND ANY PRODUCTS OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, IS AT YOUR SOLE RISK AND THAT THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES TERMS AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO ANY PRODUCTS OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE AS WELL AS THE SERVICE ITSELF, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THESE TERMS OF SERVICE CANNOT CHANGE.

11.2 YOUR USE OF THE SERVICE AND ANY PRODUCTS OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.

12. LIMITATIONS OF LIABILITY

12.1 SUBJECT ALWAYS TO SECTION 12.2, YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROPELLERHEAD AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT INCLUDING NEGLIGENCE OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOSS OF INCOME, BUSINESS OR PROFITS THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE SERVICE OR ANY PRODUCTS OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED FROM THE SERVICE, INCLUDING ANY LOSS OF DATA. IN ANY EVENT, PROPELLERHEAD ́S LIABILITY SHALL NEVER EXCEED ONEHUNDRED (100) EUR.

12.2 Nothing in the Terms of Service will affect the statutory rights of any consumer nor exclude the liability of Propellerhead, its subsidiaries or affiliates for: (i) death and personal injury caused by negligence; (ii) fraudulent misrepresentation; or (iii) any other liability which cannot be limited by applicable law.

13. MISCELLANEOUS

13.1 Propellerhead may assign, transfer, sell or otherwise dispose its rights and obligations under these Terms of Service, in whole or part, at any time without notice to you. You may not assign this agreement or any part of it.

13.2 Propellerhead may notify you with respect to the Service by sending an e-mail message to the e-mail address provided by you or by a posting on the Service. Notices shall become effective immediately.

13.3 These Terms of Service and the use of the Service are governed by Swedish law.

13.4 By creating a user account and/or using any of the Products (including Rack Extension subscriptions), you demonstrate that you hereby accept and acknowledge that you are obliged to follow the terms of this Terms of Service. By obtaining a paid subscription, you acknowledge that you have read, understands and agrees to all of the terms, conditions, obligations and limitations of this Term of Service (including, but not limited, any and all of Propellerhead’s policies, standards, instructions and guidelines, from time to time).

The Service is provided by Propellerhead Software AB (556546-2206),
Hornsbruksgatan 23,
SE-117 34 Stockholm,
Sweden

Telephone: +46 8 556 08 400

Version dated: 2018-05-25


End User License Agreement

Version dated: 05 May 2018

This Propellerhead Software User License Agreement accompanies a Propellerhead software product and related explanatory materials (collectively, the “Software”). The term “Software” shall also include any upgrades, modified versions or updates of the Software licensed to you by Propellerhead Software. This copy of the Software is licensed to you as the end user. Please read this agreement carefully.

Propellerhead Software grants to you a non-exclusive license to use the Software, provided that you agree to the following:

1. Use of the Software

a. Unless otherwise specified, this license is your personal license and the Software may only be used by you.

b. If the license is a multi-license, the Software may only be used by the company, institution or organization to which it is registered.

c. At any given time, you may only use the Software on as many computers as your license permits. Unless specifically specified, licenses are single user licenses and may only be used on one computer at a time.

d. The sound samples and musical examples that may be connected to the Software may NOT be reformatted, mixed, filtered, re-synthesized, or otherwise edited or altered for use in any kind of commercial sampling product/package or software - this is strictly prohibited without the express written consent of Propellerhead Software.

e. The musical examples that may be connected to the Software may NOT be used in any commercial music production - this is strictly prohibited without the express written consent of Propellerhead Software.

2. Copyright. The Software is owned by Propellerhead Software and/or its suppliers, and its structure, organization and code are the valuable trade secrets of Propellerhead Software and its suppliers. The Software is also protected by International Copyright Law and International Treaty provisions. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. You may use trademarks only to identify output produced by the Software, in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this license does not grant you any intellectual property rights in the Software.

3. Transfer. You may not rent, lease, or sublicense the Software. You may, however, transfer all your rights to use the Software to another person or entity, provided that you transfer this agreement with the Software.

4. No warranty. The Software is being delivered to you AS IS and Propellerhead Software makes no warranty other than that the Software shall conform to the specifications in the documentation during a warranty period of twelve month from delivery. Propellerhead Software will only remedy deviations from the specification providing that the deviation substantially affects your use of the Software. Propellerhead Software may under such circumstances choose to replace your copy of the Software with a new one.

5. Limited warranty; Ignition Key. The Software has been delivered to you with a USB key (“Ignition Key”). Propellerhead Software warrants that the Ignition Key will be in conformity with the product documentation during a warranty period of twelve months from delivery. Propellerhead undertakes, at its sole discretion, to repair or replace the Ignition Key free of charge if the Ignition Key fails to conform with the product documentation due to any manufacturing defects.

APART FROM ABOVE PROPELLERHEAD SOFTWARE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. PROPELLERHEAD SOFTWARE AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL PROPELLERHEAD SOFTWARE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A PROPELLERHEAD SOFTWARE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD-PARTY.

Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.

6. This contract shall be exclusively subject to the laws of Sweden. Place of jurisdiction is location of the national sales company or agent. Propellerhead Software can also, however, at its free discretion, open proceedings at the registered address of the licensee.

This license shall automatically terminate upon failure by you to comply with its terms.

This license may only be modified in writing signed by an authorized officer of Propellerhead Software.

Propellerhead Software and Reason are registered trademarks which may be registered in certain jurisdictions.

You have accepted the terms set out in this license upon purchase/licensing and/or when the Software was made available to you.

If you should have any queries concerning this license or wish to speak to Propellerhead Software about any matter, please contact the following address in writing:

Propellerhead Software AB,
Hornsbruksgatan 23,
SE-117 34 Stockholm,
Sweden.

PRIVACY POLICY

Propellerhead takes your privacy extremely seriously. Our privacy policy describes what, why and how we collect and use your personal information, how we protect it and how you can contact us. By using our Service and/or our website, you acknowledge that you have read, understand and agree to Propellerhead’s Privacy Policy.


Third Party Product End User License Agreement

Version dated: 17 May 2018

This Rack Extension Product End User License Agreement (“License”) governs your use of a Rack Extension Product and related explanatory materials (collectively, the ”RE Product”). The term ”RE Product” shall also include any upgrades, modified versions or updates of the RE Product. The RE Product is licensed by the Developer of such RE Product (“the Developer”) to you as end user.

The Developer grants to you a non-exclusive license to use the RE Product, provided that you agree to the following:

1. Use of the RE Product

a. Unless otherwise specified, this License is your personal license; the RE Product may only be used by you and your right to use the RE Product is unlimited in time (subject to applicable terms and conditions and to timely payment by you of applicable fees). In the event that you have chosen to subscribe to the RE Product (where subscription is available as an alternative), however, then your right to use the RE Product is limited in time to the applicable subscription period (subject to applicable terms and to timely payment by you of applicable fees) and you must cease to use the RE Product upon termination of subscription/this License.

b. If the License is a multi-license, the RE Product may only be used by the company, institution or organization to which it is registered.

c. At any given time, you may only use the RE Product on as many computers as your license permits. Unless specifically specified, the License is a single user license and may only be used on one computer at a time.

d. Sound samples and musical examples that may be connected to the RE Product may NOT be reformatted, mixed, filtered, re-synthesized, or otherwise edited or altered for use in any kind of commercial sampling product/package or software - this is strictly prohibited without the express written consent of the Developer.

e. Musical examples that may be connected to the RE Product may NOT be used in any commercial music production - this is strictly prohibited without the express written consent of the Developer.

2. Copyright. The RE Product is owned by the Developer and/or its suppliers/licensors, and its structure, organization and code are the valuable trade secrets of the Developer and/or its suppliers/licensors. The RE Product is also protected by International Copyright Law and International Treaty provisions. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the RE Product. You may use trademarks only to identify output produced by the RE Product, in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this License does not grant you any intellectual property rights in the RE Product.

3. No transfer. You may not transfer, rent, lease, or sublicense the RE Product (other than to the extent that such right is expressly granted under applicable mandatory law).

4. No warranty. The RE Product is being delivered to you AS IS and the Developer makes no warranty other than as expressly stated. In the event the RE Product is nonfunctional your sole remedy, and Developer ́s sole liability, shall be replacement of the RE Product.

APART FROM ABOVE THE DEVELOPER AND ITS SUPPLIERS/LICENSORS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE RE PRODUCT OR DOCUMENTATION. THE DEVELOPER AND ITS SUPPLIERS/LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL THE DEVELOPER OR ITS SUPPLIERS/LICENSORS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A REPRESENTATIVE FOR THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD-PARTY.

Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you

5. This License shall be governed by the laws of Sweden.

Place of jurisdiction is location of the Developer. The Developer, however, at its discretion, shall also be entitled to initiate legal proceedings in the jurisdiction where you are domiciled/have your registered address.

This License shall automatically terminate upon failure by you to comply with its terms.

You have accepted the terms set out in this License upon purchase/licensing and/or when the RE Product was made available to you. If you should have any queries concerning this License or wish to speak to the Developer about any matter, please contact the Developer at the address provided to you when the RE Product was made available to you and/or indicated in the documentation for the RE Product.

PRIVACY POLICY

Propellerhead takes your privacy extremely seriously. Our privacy policy describes what, why and how we collect and use your personal information, how we protect it and how you can contact us. By using our Service and/or our website, you acknowledge that you have read, understand and agree to Propellerhead’s Privacy Policy


Privacy Policy

Last updated: 24 September 2015

The controller of personal information in relation to this privacy policy is Propellerhead Software AB (556546-2206), Hornsbruksgatan 23, SE-117 34 Stockholm, Sweden. Telephone: +46 8 556 08 400. Other contact information.

1.COLLECTION AND USE OF YOUR PERSONAL INFORMATION

Personal information is data that, directly or indirectly, can be used to identify or contact a single person.

You may be asked to provide your personal information anytime you are in contact with Propellerhead or use a Propellerhead product or service. When you create a user account, purchase a product, register your product, download software or updates, Propellerhead may collect a variety of information; including your name, mailing address, phone number, e-mail address, contact preferences, and credit card information as well as information regarding your use of the Services or Products.

Propellerhead uses the personal information to communicate with you and to send you important notices, such as information about purchases, information on technical services issues, support, security announcements and changes to our terms, conditions and policies.

Propellerhead may also collect and use the personal information to operate and improve its website, services and products, and to make them easier to use. The personal information may also be used for research and data analysis for the same purpose.

In addition, the personal information allows Propellerhead to keep you informed about new products, software updates and upcoming events. If you do not want to receive such information, you can opt-out anytime by changing your settings at your user account or by following the specific instructions in the e-mail you receive.

You may request access to your personal information processed by Propellerhead so that you can request that Propellerhead correct the information if it is inaccurate or, to some extent, request the deletion of data. Access, correction or deletion requests shall be made in writing to Propellerhead Software AB, Hornsbruksgatan 23, SE-117 34 Stockholm, Sweden.

The personal information collected may be stored and processed in Sweden or any other country, which has an adequate level of protection for personal data, in which Propellerhead or its affiliates, subsidiaries or service providers maintain facilities. Propellerhead’s website, products and services may contain links to third party websites, products and services. Information collected by third parties is governed by their privacy practices.

Propellerhead takes precautions to protect the security of your personal information against loss, disclosure, unauthorized use or other misuses.

Propellerhead may, occasionally, modify or update this Privacy Policy by posting the updated Privacy Policy, with a revised “last updated” date at the top of this statement.

2.SHARING OF PERSONAL INFORMATION

Propellerhead and its affiliates may share your personal information with each other and use it in consistent with this privacy policy. Propellerhead may also share certain personal information to third party partners to provide or improve Propellerhead’s products, services and advertising. Propellerhead will not share your personal information with third parties for their marketing purposes unless you give your consent to Propellerhead or the third party concerned.

3.COOKIES AND OTHER TECHNOLOGIES

Propellerhead may use technologies, such as cookies, to collect information about the pages you view, the links you click and other actions you take on Propellerhead’s website and services. Cookies are small text files that are stored on your hard drive through your web browser.

Propellerhead may use cookies in order to store your preferences and other information on your computer in order to save time by eliminating the need to repeatedly enter the same information, for example by remembering personal information when you use Propellerhead’s websites, and to display your personalized content and targeted advertising on your later visits to its websites. However, the cookies used on Propellerhead’s websites does not normally contain information that identifies you personally.

Cookies on Propellerhead’s websites

Propellerhead uses session cookies as well as persistent cookies on its websites. A session cookie is a temporary cookie which is erased when a session is ended, i.e. usually when you close your browser, while a persistent cookie is stored in one of your browsers subfolders until deleted manually or the set duration period of the persistent cookie expires.

Propellerhead uses cookies such as ph_hasloggedin in order to determine whether to show “sign up” or “log in” when prompting a user to log in, ph_st_variants in order to determine which version of a page to show to a user, and ph_sessionid in order to remember information about a logged in user.

Third party cookies on Propellerhead’s websites

Propellerhead also uses third party cookies. Third party cookies may be necessary in order for third parties to provide its services to Propellerhead. Propellerhead uses third party cookies such as __ga in order to access Google Analytics data, and km_ai in order to access Kissmetrics data.

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can modify your settings to decline cookies as well as delete existing cookies from your device if you prefer. If you choose to decline and/or delete cookies, you may not be able to use all features of Propellerhead’s websites or services that depend on cookies.