Image-Line legal notices


Please check our Terms of Use.



You can see the specific Terms of Use for every section by clicking on the tabs on your right hand side.

Make sure you carefully read this information.




The Image-Line Team





WEB SITE



Downtime


Considering the real-time nature of this Website, it is possible for us to experience some downtime. Although we do our very best to keep this website alive, we can not guarantee 100% up-time.



Intellectual Property


This web site is protected by intellectual property rights and is the exclusive property of Image-Line. Any material that it contains, including, but not limited to, texts, data, graphics, pictures, sounds, videos, logos, icons or html code is protected under intellectual property law and remains Image-Line or third party's property.


You may use this material for personal and non-commercial purposes in accordance with the principles governing intellectual property law or if otherwise stated. Any other use or modification of the content of Image-Line's web site without the Image-Line's prior written authorization is prohibited.


Warranty and Liability


All materials, including downloadable software, contained in the Image-Line's web site is provided «as is» and without warranty of any kind to the extent allowed by the applicable law; While Image-Line will use reasonable efforts to provide reliable information through its web site, Image-Line does not warrant that this web site is free of inaccuracies, errors and/or omissions, viruses, worms, Trojan horses and the like, or that its content is appropriate for your particular use or up to date, and Image-Line reserves the right to change the information at any time without notice. Image-Line does not warrant any results derived from the use of any software available on this site. You are solely responsible for any use of the materials contained in this site.

The information contained in this site does not extend or modify the warranty that may apply to you as a result of a contractual relationship with the Image-Line.


Image-Line will not be liable for any indirect, consequential or incidental damages, including but not limited to lost profits or revenues, business interruption, loss of data arising out of or in connection with the use, inability to use or reliance on any material contained in this site or any linked site.


In any event, the liability of Image-Line for direct damages arising out of or in connection with the use, inability to use or reliance on any material contained in this site or any linked site shall not exceed your registration fee.


Privacy - Cookies


We may need to obtain certain personal information, such as your name, home or business address and e-mail address.


You are hereby informed that you have a right of access and rectification to the data relating to you. If you wish to enforce such rights, please contact the webmaster@image-line.com who will communicate to you the name and address of the Image-Line entity, recipient of the information you have provided, where you should direct your request.


A cookie is an element of data that a web site can send to your browser, which may then store it on your system. These cookies are used to assist you in reaching the appropriate information and make your visit tailored to your individual preferences.


DISCUSSION FORUMS


By using the Image-Line forums (hereinafter referred to as the "Discussion Forums"), you agree to be bound and to adhere to the following terms and conditions.


I.        Acceptable Use of the Discussion Forums


* You shall not post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise in violation  of any law.


* You shall not post any personal registration information of yourself or other users.


* You shall not post any material protected by intellectual property rights unless such intellectual property rights are owned by you or Image-Line.


* You shall not post advertising of any kind in the Discussion Forums regardless of whether you are a private party or company. The only exceptions to this policy are granted for current Image-Line banner advertisers and Image-Line administrators.


* You shall not post any material that could be harmful to Image Line's reputation and/or business.


Image-Line explicitly reserves the right to remove any message or parts thereof it deems to be in contravention of the above, as well as to temporarily or definitively revoke the registration of users who post such material.


II.        Warranties and Disclaimers


Considering the real-time nature of our Discussion Forums, it is impossible for Image-Line to review all messages or confirm the validity of information posted. You explicitly agree that Image-Line nor its directors, agents, employees, subsidiaries, affiliates or subcontractors can be held responsible in any way for the contents of any messages posted. Image-Line does not vouch for or warrant the accuracy, completeness or usefulness of any message.


The messages posted on our Discussion Forums express only the views of the author of the message, which are not necessarily the views of Image-Line. Any user who feels that a posted message is objectionable and/or in contravention of these Terms and Conditions is encouraged to contact Image-Line immediately by email at webmaster@image-line.com.  Image-Line will then review your complaint within a reasonable time frame and will decide, in its own sole discretion, whether or not to remove said messages.  Since such removal  is a manual process, please realize that Image-Line may not be able to remove or edit particular messages immediately.


IN NO EVENT WILL IMAGE-LINE OR ITS DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS, SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY DAMAGE WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO LOST REVENUES OR PROFITS, LOST DATA, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION) RESULTING FROM OR IN ANY WAY RELATED TO THE USE OF ANY MATERIALS POSTED ON OR MADE AVAILABLE IN THE DISCUSSION FORUMS OR ANY OTHER WEB SITE TO WHICH A LNK IS PROVIDED ORON WHICH A LINK IS PROVIDED TO THESE DISCUSSION FORUMS, EVEN IF IMAGE-LINE.COM AND RELATED SITES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES ARE BASED.


YOU AGREE TO INDEMNIFY AND HOLD HARMLESS Image-Line AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS, SUBSIDIARIES OR AFFILIATES AGAINST ANY THIRD PARTY CLAIM ARISING OR RESULTING FROM YOUR USE OF THE DISCUSSION FORUMS.


III.        Privacy


Image-Line values your privacy and is committed to the protection thereof.  For further information, please consult our Privacy Policy.


IV.        Miscellaneous


Image-Line explicitly reserves the right to modify these Terms and Conditions at any time.  You understand that it is your responsibility to periodically review them.  Should you no longer agree to one or more provisions thereof, please inform Image-Line by e-mail and your registration will be cancelled.


Should any of the provisions contained herein be deemed illegal, invalid or unenforceable by a binding decision, this will have no effect whatsoever on the remaining provisions which will keep their full effect.  Image-Line is entitled to replace such provisions with another provision that stays as close as legally possible to the original provision.


Should Image-Line not immediately or only partially enforce its rights under these Terms and Conditions, such delay or partial exercise cannot be construed or interpreted in any way as a waiver of such rights.


The Discussion Forum software was developed by Image-Line using CGIExpert components. The software cannot be reproduced without Image-Line's express written consent.


V.        Applicable law and competent jurisdiction


Any dispute concerning your use of the Discussion Forums as well as the validity, enforceability and interpretation of these Terms and Conditions will be governed exclusively by Belgian law, excluding any conflict of law or other provisions that would cause another country's legal system to apply hereto.


Any claims concerning your use of the Discussion Forums or relating to these Terms and Conditions shall be brought exclusively before the competent courts of Ghent, Belgium and you irrevocably submit yourself to their jurisdiction, without prejudice to Image Line's right to initiate legal action in the user's place of domicile.


REGISTRATION INFORMATION


In consideration of payment of your license fee for on-line purchases, Image-Line, grants to you, the Licensee, a nonexclusive license as described in your End User License Agreement (EULA).

If you are the rightful owner of the FL Studio/Fruityloops box, Image-Line, grants to you, the Licensee, a nonexclusive license as described in your FL Studio Box End User License Agreement (EULA).


In both cases (box owners need to register their box first), you will receive registration information, password and account information. You are responsible for maintaining the confidentiality of this information, and are fully responsible for all activities that occur under your password or account.


You also agree not to transfer or make available this information to anyone else.


In case Image-Line  discovers or is informed of the fact that  your registration information, password and/or account information has been made available to third parties on a website, forum, ftp site or any other way, it will immediately and without prior notification block your user account, which will result in you losing all rights you were granted under the license agreement concluded between you and Image-Line as well as any credits you have built up in the Image-Line store through the Image-Line Affiliate Program or otherwise.


In such case you will not be entitled to any refunds whatsoever, and Image-Line explicitly reserves the right to initiate legal action to recover the damages it suffered as a result thereof.

FL STUDIO LIFE TIME FREE UPDATES (LTFU)



Customers of the on-line FL Studio (previously known as Fruityloops) version are offered Life Time Free Updates.

This Life Time Free Updates offer is not valid for:

- FL Studio BOX versions

- any of the additional plugins

- any software other than the on-line FL Studio software.


Life Time Free Updates means that whenever a new version of your specific FL Studio software edition (Express, Fruity or Producer) comes available, you will have the option to download this new version free of charge.


Image-Line retains the right to decide at its own sole discretion when and for which specific FL Studio software edition (Express, Fruity or Producer) new versions or updates are released. In no way, can Image-Line be obliged to release new versions or updates for any of its software products.


Customers of the FL Studio BOX version can register their box on-line and can then order the Life Time Free Updates upgrade at our on-line shop here.


SAMPLES, SONGS & LOOPS



Every registered user can download samples from our website or related websites. These sample downloads are offered «as is».


The single-hit samples are royalty-free. This means that you can use the samples in your own compositions and songs without paying any further royalties. You are, however, not allowed to resell or redistribute any or all of the samples as a sample pack or on a sample CD or any other way.


However, all other downloadable songs, loops and samples are protected by copyright. If you want to use this material in your own creations, please contact the copyright owner(s) in question and ask for their permission.  Image-Line cannot be held responsible in any way for any copyright claims you receive relating to your unauthorized use of this material.  In any case, we are offering these samples to stimulate creativity: be original, and don’t simply copy them without adding your own ”creative touch“ to them.


Considering the real-time nature of Websites, it is possible for us to experience some downtime. Although we do our very best to keep this website alive we cannot guarantee 100% up-time. In case of bandwidth stress (releases of new versions, ...), Image-Line retains the right to temporary cease the offering of samples for download.



PURCHASED SAMPLES & LOOPS CONTENT


All samples are royalty-free. This means that you can use the samples in your own compositions and songs without paying any further royalties.


You are, however, not allowed to resell or redistribute any or all of the samples as a sample pack or on a sample CD.


COPYRIGHT AND LICENSING INFORMATION


All sounds are licensed to you by Image Line Software. All sounds on this Sample CD are created by Image Line Software or third party providers.


Image Line Software will always retain ownership, copyright & property of these sound samples.


You may use and modify the sounds for use in commercial productions, musical compositions, soundtracks or in any musical and/or audiovisual productions such as a film, television show, advertisement, website, videogame, or other media production, without paying any additional royalties, license fees, or any other fees.


All copying, duplicating, reselling or trading of these sounds is strictly prohibited.  This includes creating a new sample library in a database or on any form of media such as CD-ROM, CDA, DVD, DVD-R, any form of magnetic or optical storage media, or in any way deemed inappropriate by Image Line Software in accordance with this agreement and international law.


You can not transfer the sound files electronically or via any peer to peer file sharing program, FTP site, service bureau operation, DRS, computer network or in any way not expressly allowed by Image Line Software.


Only the original purchaser has the right to use the sound samples. You may not distribute, sell, rent, lease, sublicense, assign, or otherwise transfer any of the sounds.


You will exercise due diligence and maintain strict safeguards on all sounds received by you from Image Line Software to prevent unauthorized use or distribution thereof. If you become aware of any unauthorized use or distribution of the Sounds, you shall immediately notify Image-Line Software via email.

UPLOADS



If you provide us, by meaning of uploads, with sound recordings, musical works and/or other material (such as pictures, videos, song lyrics, etc.) (hereinafter: the "Material") on any of our websites (any Image-Line-related website such as but not limited to : www.image-line.com, www.Fruityloops.com/net/org,

www.flstudio.com/net/org/eu/cn, www.samplefusion.com , www.pluginspot.com , www.loopspot.com, www.dynamicloops.com, www.ez-editor.com,  www.deckadance.com, www.ezgenerator.com/net, ...) the following terms apply:


By uploading Material, you warrant that:

(a) Such Material is your own original and creative work, and that you have the right to reproduce, make available and distribute the Material;

(b) Such Material does not infringe upon any intellectual property or other rights of third parties;

(c) You will indemnify and hold harmless Image-Line against any claims it receives by third parties concerning such Material.


By uploading Material, you automatically grant to Image-Line a nonexclusive, irrevocable, worldwide, royalty-free license to:

(a) reproduce, distribute, publicly perform, publicly display and digitally perform the uploaded material in whole or in part;

(b) create and use samples of the uploaded material solely for the purpose of demonstrating or promoting our or your products or services;

(c) use any trademarks, service marks or trade names incorporated in the uploaded material in connection with your material; and

(d) use the name and likeness of any individuals represented in the uploaded material only in connection with your material.


You retain ownership of all intellectual property rights in your Material, without prejudice to the non-exclusive rights granted to Image-Line under this provision.


Image-Line reserves the right to remove your Material from its websites without prior notice at its own sole discretion.


IMAGE-LINE AFFILIATE PROGRAM TERMS AND CONDITIONS



This agreement (the “Agreement”) contains all terms and conditions that govern the Image-Line Affiliate Program (the “Program”) and any affiliate (the “Affiliate”) taking part therein.


PLEASE CAREFULLY READ THIS AGREEMENT AS ITS ACCEPTANCE WILL CREATE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND IMAGE-LINE.


By accepting this Agreement, you agree to be bound by the terms and conditions it contains and you verify that you understand its content.  If you do not agree to or do not understand the Agreement, please do not take part in the Program.



1.    Outline of the Program


The Program allows the Affiliate to make money by helping Image-Line attract new customers under the terms set forth in this Agreement.



2.    Eligible Affiliates


In order to be eligible for the Program, all Affiliates must have been an Image-Line customer (i.e. have an Image-Line account) for at least six (6) months prior to enrollment in the Program.  Six (6) months after the creation of your user account, or at any time at Image-Line’s own discretion, your personal Affiliate link (the “Link”), linking through to the Image-Line Webshop (the “Shop”), will be added to your account.


By adding the Link to Affiliate’s account, Image-Line grants a limited, non-exclusive, non-transferable and revocable license to use the Link under this Agreement.  Image-Line reserves the right to revoke the Link at any given time with prior notification to the Affiliate.  Image-Line cannot guarantee that the Link will be valid and working at all times and does not accept any responsibility or liability whatsoever in that respect.



3.    Eligible transactions


Only the following transactions will be eligible for payment of the Fees, as defined and mentioned in article 4:

-      Transactions amounting to or exceeding a total of USD 90,-;

-      Transactions made by 100% new customers.  Transactions made by existing customers (as defined below) are therefore not eligible.


If Image-Line discovers or is notified that existing customers are taking advantage of the Program, for example by creating new user accounts or other forms of misrepresentation, Image-Line is entitled to take all measures it deems appropriate or necessary, including but not limited to the refusal of orders or the reclamation of all awarded reductions.


For clarification purposes, “existing customers” is to be understood as covering anyone who has purchased at the Shop before or who has an existing user account with Image-Line.



4.    Fees and payment


If a new customer purchases an item from the Shop after clicking on the Link, he/she will receive a 10% discount on the total amount of the purchase order.  The Affiliate will be awarded 20% of the discounted amount.


For example: if a new customer buys FL Studio through the Link, he/she will pay USD 199 – 10%= USD 180,-.  The Affiliate will receive the value of  180 x 20% = USD 36,- in IL Virtual Cash.


The amount received by the Affiliate for each eligible transaction will be automatically added to Affiliate’s “IL Virtual Cash”, included in the Affiliate’s Image-Line user account, once Image-Line has received complete payment from the new customer.

If a new customer decides to cancel his order, Image-Line is entitled to deduct the corresponding amount of IL Virtual Cash from Affiliate’s IL Virtual Cash-account.


Affiliate has the possibility to:

-      use his IL Virtual Cash in the Shop to purchase Image-Line products; and/or

-      instruct Image-Line to transfer his IL Virtual Cash (or part thereof) in US Dollars to his/her Paypal® account or any other payment system Image-Line may choose in the future.

If Affiliate chooses the second option, Image-Line is entitled to deduct all necessary transaction costs from the amount to be transferred.  Affiliate is responsible for providing Image-Line with full contact details, and Image-Line is entitled to suspend payment if it has insufficient information to complete said payment, and will notify Affiliate thereof within a reasonable timeframe.



5.    Warranties and responsibilities of the Affiliate


Affiliate warrants that he/she will:


-      Use the Link in good faith and in a manner that does not infringe upon any rights of Image-Line or third parties;

-      Not use the Link for his own purposes, including but not limited to creating new user accounts for him/herself through the Link;

-      Not use the Link for or in connection with any illegal or harmful purposes or materials, including but not limited to spam e-mails, adware, spyware, malware, and computer viruses;

-      Promptly notify Image-Line if he suspects that the Program or the Link is being abused in any way by third parties;

-      Accompany the link with the following statement:


"Clicking this link will take you to the Image-Line Webshop, which offers all new customers a 10% discount on any order amounting to or exceeding USD 90,-"

The Affiliate is entitled to place the link on a website under the following terms:


-      Affiliate is the owner of the website or has direct control over its content;

-      The website does not contain any information, or links to such information, that is illegal, pornographic, harmful, defamatory or otherwise infringing upon the rights of Image-Line or third parties;

-      The website does not portray Image-Line in a negative light;


Affiliate understands that he will be solely responsible for the operation and content of this website.


The Affiliate is entitled to use the Link within e-mails it sends to registered users of his/her website, but only to individuals who have elected to receive such e-mails.  Spamming tactics or any other form of unsolicited electronic communications will be cause for termination of the Program without prejudice to Image-Line’s right to file for damages.  It is solely Affiliate’s responsibility to be aware of and comply with all applicable regulations, statutes and applicable laws in any state, country or jurisdiction related to electronic communications.



6.    Intellectual property


All intellectual property rights vested in the Program, the Shop, and all of Image-Line’s websites, applications and software remains the exclusive property of Image-Line.  Nothing contained in this Agreement can be construed as giving any license thereto.  Any use of material protected by such rights is expressly forbidden without prior written authorization from Image-Line.  Affiliate shall not register or attempt to register any trademark or domain name containing any of Image-Line’s trademarks, trade names or product names or any variation thereof.

Affiliate will promptly notify Image-Line of any infringement on Image-Line’s intellectual property rights that he/she may discover.  Affiliate is not entitled to take any action thereto without prior written consent of Image-Line, but will use its best efforts to cooperate with Image-Line if it decides to undertake any action.



7.    Indemnity


Affiliate will indemnify and hold harmless Image-Line from all claims, damages and expenses (including but not limited to reasonable attorney fees) relating to:

-      His/her conduct as an Affiliate, including but not limited to any tax-related issues, spamming or any other form of unsolicited and/or unlawful advertising tactics ; and/or

-      Affiliate’s website, including but not limited to its content, accuracy or maintenance; and/or

-      Any breach of this Agreement.



8.    Term and termination


The term of the Program commences upon acceptance by Affiliate of this Agreement and will automatically end upon termination by either party.


Either party may terminate the Program at any time, with or without cause, by giving the other party prior written notice and without giving rise to any compensation whatsoever.  Upon termination, Affiliate will immediately remove the Link and all other Program-related content from his/her website.  The termination shall not prejudice Affiliate’s right to the collected IL Virtual Cash upon the date of termination, except upon termination by Image-Line due to a breach of this Agreement by Affiliate.



9.    Relationship of parties


The parties are independent contractors, and nothing contained in this Agreement is to be construed as creating any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties.  The Affiliate is not entitled to make any offers or representations on behalf of Image-Line, and will not make any statements that would be contradictory to this provision.


Affiliate is only entitled to present himself as a participant in the Program, and shall not in any way embellish or otherwise misrepresent his relationship with Image-Line.



10. Limitation of liability


IMAGE-LINE CAN NOT BE HELD LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES AND LOSSES SUCH AS LOSS OF PROFITS, CLIENTS, GOODWILL, DATA, CLAIMS FROM THIRD PARTIES OR ANY COSTS INCURRED IN RELATION THERETO, INCLUDED BUT NOT LIMITED TO ATTORNEY FEES, ARISING FROM OR IN CONNECTION WITH THE PROGRAM.  IMAGE-LINE’S TOTAL LIABILITY TO AFFILIATE IS AT ALL TIMES LIMITED TO THE AMOUNT OF FEES AFFILIATE HAS EARNED IN THE EXECUTION OF THE PROGRAM.



11. Disclaimers


Image-Line makes no express or implied warranties or representations with respect to the Program or any of its products sold through the Program (including but not limited to warranties of fitness, merchantability, completeness or non-infringement) except for the express warranties contained in the license agreements for those products.



12. Applicable law and competent jurisdiction


This Agreement, and any dispute or question concerning its validity, interpretation, performance or enforcement is governed exclusively by Belgian law, excluding any conflict of law or other provisions (Belgian, foreign or international) that would cause the law of any other country to be applicable.


Any dispute concerning the validity, interpretation, performance, or enforcement of this Agreement shall be submitted to the exclusive jurisdiction of the competent court in Gent, Belgium, without prejudice to Image-Line’s right to initiate legal proceedings in the country where Affiliate is domiciled.



13. Modifications


Image-Line may modify the terms of this Agreement at any time and in its sole discretion by means of a change notice brought to the attention of Affiliate in whatever way Image-Line deems appropriate.  If the changes are unacceptable for Affiliate, he/she must terminate the Agreement.  Affiliate’s continued participation in the Program after being notified of the changes will be deemed as a legally binding acceptance of such changes.



14. Assignment


Image-Line may assign this Agreement without any limitations, provided that the assignee agrees in writing to be bound by it.  Affiliate is not entitled to assign the Agreement or any of his/her duties, except after receiving the written consent of Image-Line.  Any assignment without such consent will be null and void, and cause for termination of the Agreement by Image-Line.



15. Miscellaneous provisions


All notices under this Agreement, except in the case of modifications to this Agreement, shall be made either by e-mail, confirmed fax or registered letter.  Affiliate is therefore responsible to ensure the continued accuracy of the contact information contained in his/her user account.


Any failure or delay in exercising any right under this Agreement or any lateness or absence of reaction by either party shall not be construed as waiver of any of its rights contained in this Agreement.  All waivers shall be expressly notified to the other party in writing.


Neither party shall be held liable for any failure to perform its duties under this Agreement, if this failure is caused by “force majeure” and causes beyond its control, including but not limited to: fire, flood, strikes, war, power failure, computer breakdowns of any kind, embargos, blockades, legal restrictions, insurrections and government regulations.


The headings and titles of this Agreement are for reference purposes only and cannot be construed or interpreted in any way as to limit or contradict its content.


All provisions contained in this Agreement will be interpreted in a manner that ensures their validity and enforceability under Belgian law.  If however one or more provisions of this Agreement should be held invalid or unenforceable, either in whole or in part, those provisions will be replaced by provisions that remain as close as possible to the effects of the original provisions.  In no event shall the invalidity or unenforceability of any provision have any effect on the validity of other provisions or the Agreement as a whole.



16. Entire agreement


This Agreement contains the entire agreement and understandings between the Parties with respect to its subject matter and replaces and supersedes all prior agreements and understandings of any kind.

Terms and Conditions for ordering with Image-Line



These Terms and Conditions apply to your ordering and sales of software products through the website of Image-Line and constitute, together with the End User License Agreement you accept before installation of the software product, the agreement between you and Image-Line (Image-Line BVBA, Kortrijksesteenweg 281, 9830 Sint-Martens-Latem, Belgium, company number 0452.440.860) regarding the software products purchased. You accept these Terms and Conditions by the sole fact of ordering with Image-Line.


1. Order - Your online order of a software product is subject to acceptance by Image-Line. Your order may be refused for any reason.  


2. Price - The price for each software product ordered is reflected on your order.

Whilst Image-Line endeavors to ensure the prices on its website are accurate, Image-Line cannot exclude errors in price indication and reserves the right to correct prices if an error is detected. If a price of a software product you ordered is corrected, you will be informed of the correction by Image-Line within 7 days of your order and offered the opportunity to cancel free of any charges the order for said software product. Any amounts already paid will be refunded within thirty days after such cancelation.


All prices listed on the website are VAT exclusive, where applicable. You will pay no additional shipping or handling charges.


3. Payment - Full payment is due prior to delivery of the software product and the software registration key needed to unlock the software product.


4. Delivery - The software product will be delivered by making it and its registration key available for download. After acceptation and processing of your order by Image-Line, you will receive the necessary account and registration information by e-mail. You are required to perform the download of the software product before login in onto the registration server for obtaining the registration key. Your logging in onto the registration server confirms the successful download of the software product.


5. Registration key  - You are responsible for maintaining the confidentiality of your account information and registration key and are fully responsible for activities that occur therewith. In case your registration key is found to be available or accessible to any third party on any website, ftp site or otherwise, your registration key will be blocked and rendered unusable without any reimbursement or indemnification by Image-Line being due, not foreclosing the right of Image-Line to claim any damages it may have suffered by your breach of this agreement.


6. Cancellation and refund - You have a limited seven day right (counting from the day after you ordered the software product) to cancel the order/agreement, except for the software products for which you already performed a download or are deemed to have performed a download in accordance with paragraph 4. Should you wish to cancel the order/agreement, than you have to inform Image-Line thereof within the 7 day period mentioned above using the support ticket form provided at Image-Line’s website and certify that no software download was performed. A refund will be provided within 30 days of receipt of the duly executed cancelation form. Cancelation will not be accepted if you download the software product or log in on the registration server after Image-Line received your cancelation form.


7. Business customers - If you are a business or if the software products are used wholly or in part for business purposes, you do not dispose of the right to cancel the order/agreement as set forth by paragraph 6. In addition to the limitations of liability set forth in paragraph 8, Image-Line shall not be liable to you for any business loss including loss of profits, (whether direct or indirect) data, revenue, goodwill, or incidental, or consequential loss that you may suffer as a result of the purchase of a software product.


8. Limitation of liability - Image-Line will in no event be liable to you for any incidental, consequential, special or indirect damages. In no event will Image-Line’s liability to you ever exceed the total amount paid by you to Image-Line for the software product purchased. Because some states or jurisdictions do not allow the exclusion or limitation of the aforesaid liabilities, in such states or jurisdictions liability shall be limited to the minimum extent permitted by law.


9. Privacy - When you place an order with Image-Line, you provide information including your name, postal address, e-mail address and billing information which is necessary to complete your order. This information is collected and used in accordance with the Belgian Privacy Act of 1992. Billing information is collected by WorldPay (The Royal Bank of Scotland plc, 36 St Andrew Square, Edinburgh, EH2 2YB) or by Avangate BV (Van Heuven Goedhartlaan 937, 1181 LD Amstelveen, Amsterdam Metropolitan Area, The Netherlands) to process payment in connection with your order, and will not be used for any other purpose. Any other information provided by you is collected Image-Line. Image-Line has the right to use such other information for executing the order and for purposes of direct marketing. Image-Line may share such information for purposes of permitting other companies to market to you. You may oppose against further use of your personal information for direct marketing purposes by:

(i) use the unsubscribe hyperlink provided in the e-mail you received from Image-Line;

(ii) mail a letter containing your name, address and/or phone number to Image-Line BVBA, Kortrijksesteenweg 281, 9830 Sint-Martens-Latem, Belgium, if you do no longer want to receive direct marketing postal mailings or telephone calls. You have the right to request Image-Line to provide a full schedule of your information it collected (if any) after significant proof of identification. The information will be provided within 45 days of identification.  You have the right to request rectification of erroneous information regarding your person. Please contact webmaster@image-line.com if you should have any questions about privacy.


10. Waiver - No failure or delay by Image-Line in exercising its rights hereunder shall be construed as a waiver or release of that right unless expressly confirmed in writing.


11. Force majeure - Image-Line shall have no liability for any failure or delay caused by force majeure.


12. Severance - If any provision of this agreement is found to be void or unenforceable in whole or in part, the agreement shall continue to be valid as to the other provisions and the remainder of the affected provision.


13. Governing law and venue - This agreement is governed by the laws of Belgium and any disputes will be decided only by the courts of Ghent, Belgium.

Company & contact information


Image-Line Software BVBA

Franklin Rooseveltlaan 348 D

B-9000 Gent

Belgium


Tel: +32 (0)9 281 15 33

Fax: +32 (0)9 281 15 01

Email: webmaster@image-line.com

Company number: BE 0452.440.860



Placing an order, confirmation & delivery


1. Choose the products you wish to buy by switching on the checkbox of such products (clicking on the price will provide you with detailed information on the product).

2. Use the next/previous buttons to fill your personal information and direct contact information.

3. Select your payment method and click order.

4. Double-check your personal information and direct contact information and confirm by clicking order.

5. You are transferred to the secure SSL section of our payment partner where you can fill the rest of the payment details and confirm payment.

6. Immediately after your order (if successful), you will receive an email acknowledging your order and an order ticket has been created on our system. You will seen onscreen the login information needed to be able to follow-up the status of your order online.

7. After your order has been manually checked and accepted, you will receive a second email informing your of an update of your order ticket with your personal username and password. This email contains also further instructions on how to proceed with your download & installation of the products you purchased and on how to request a personal registration code for unlocking the software product. All this info is also posted in your online order ticket.


You may up until conformation of your payment:

* modify any information supplied by using the previous button;

* change the products you wish to purchase by ticking or unticking the checkbox of such products;

* cancel the ordering process by closing your navigator.


All forms have data validation preventing invalid data types and formats.



Pricing & payment


* All prices are VAT exclusive, where applicable.

* No additional shipping or handling costs will be charged as it concerns downloadable products only.

* Prices may be changed and offers may be withdrawn at any time.

* Image-Line accepts payment (through its different payment partners) by: Visa, MasterCard, PayPal,  Bank Wire Transfer.



Cancellation & refund


You have a limited seven day right (counting from the day after you ordered the product) to cancel your order, except for the products for which you already performed a download (or are deemed to have performed a download in accordance with paragraph 4 of our Webshop Terms and Conditions). Should you wish to cancel your order, than you have to inform Image-Line thereof within the 7 day period using the cancelation form provided at Image-Line’s website and certify that no software download was performed. A refund will be provided within 30 days of receipt of the duly executed cancelation form. Cancelation will not be accepted if you download the product or log in on the registration server after Image-Line received your cancelation form.



Additional information


* The Web Shop is in English language only. The ordering process will be conducted and the terms and conditions will be provided in this language.

* Image-Line will file your order, but it will not be made accessible.

* The confidential payment information (e.g. credit card info,…) you provide to Image-Line when placing your order is encrypted before being sent to our server. Such information will only be used in accordance with Image-Line’s Privacy Policy.

* Image-Line has no access to and does not store any credit card information.


PLEASE READ THIS PRIVACY STATEMENT CAREFULLY.



Image-Line knows that you care how information about you is used and shared. Therefore we make a strong commitment to protect and respect the privacy principles regarding the personal information that you provide. The purpose of this Privacy Statement is to explain the types of information Image-Line obtains about visitors to our website(s), how the information is collected, how it is used, and how visitors can restrict its use or disclosure. We appreciate your trust.


This Privacy Statement was last revised on December 2004. It is in our own power to change this Privacy Statement at any time and for any reason. The latest version of the Privacy Statement will be available on our website(s) and significant changes to our Privacy Statement will be communicated on our homepage for a certain period of time after the change is made. By using our website(s), you agree to the terms of this Privacy Statement. This Privacy Statement is in accordance with the Belgian law on Privacy of December 8, 1992 (revised by the Belgian law on Privacy of December 11, 1998).


Personal information is any information concerning an identified or identifiable natural person. This includes information that tells us specifically who a person is, such as a person's name, telephone number, e-mail address, home address or payment and financial information.


The way this information is communicated, for instance by word, text, sound or image, is of no importance.


We may collect also other information that does not in and of itself identify a specific person. This information includes IP addresses, search terms, domain names and browser types. We use this kind of information to track usage and other patterns on our website(s).


We collect personal information throughout two main information streams:


The first information input is provided by any visitor who gives us his personal information on a free basis. We keep a record of your name and e-mail address in order to keep track of the username and password we assigned to you. Subscription to our mailing lists supposes the transfer of a visitor's e-mail address.  A visitor who orders one of our products and/or services must provide us with personal information for different purposes.  


Secondly, we have are cookies' information input. We receive and store certain types of information whenever you visit our website(s). Like many websites we use "cookies", and we obtain certain types of information when your web browser accesses our website(s).


Cookies are alphanumeric identifiers that we transfer to your computers' hard drive through your web browser to enable our systems to recognize your browser and to provide features such as "My Fruityloop" section.


How do we use your personal information?


If you submit personal information, you agree that we may keep a record of this personal information. These records are strictly for internal use by Image-Line. In the first place the personal information, that is collected by us throughout are web shop ordering facilities, is used to fulfil are sales contract obligations. Therefore it is possible that we give some restricted personal information to our distributor or other subcontractors for delivery purposes. During the installation, use or distribution of the software, the information we obtain shall be used for the purpose of the functioning of the Image-Line services. Secondly, we will use your e-mail address to provide you with software upgrades. Inherent to our business, we shall also make use of the possibility to provide you with information about are new products and services.  Your personal information can even help us in our business to improve are marketing and product development.  Thirdly, if you pay for services by credit or bankcard, we will share your name with these bankcard companies, only for the purpose that we can get paid.


Our cookies information input gives us the possibility to improve our level of services to clients and visitors. For example a cookie is attached on a username and password registration so that we can identify our clients. This system gives us also the opportunity to collect information about the products a logged in client already has obtained. Cookies are even used to help you in reaching the appropriate information and make your visit tailored to your individual preferences.


We do not sell, trade, rent or disclose individually-identifiable information obtained about our clients and website visitors to anyone outside of Image-Line, unless it is required by law, regulation, court order or other legal process. We do not disclose your personal information unless it is necessary to protect safety of customers, employees or property.


How secure is your personal information in our hands? We work to protect the security of your information during transmission by using Secure Sockets Layer software (SSL), which encrypts information you input.  


Contact information and restrictions.


If you have questions or comments or would like to contact us concerning this Privacy Statement, please contact us by ordinary mail at the company address below.


If you want to make use of your right of inspection or rectification, please contact us by ordinary mail at the company address below.


If you do not want to be informed (anymore) in the future about are new products and services, please contact us by ordinary mail at are Company address below. If you don't wish to receive further e-mail notifications, please use the unsubscribe possibility listed in your e-mail.



Company address:


Image-Line BVBA

Kortrijksesteenweg 281

BE-9830 Sint-Martens-Latem

Belgium.



FL STUDIO END USER LICENSE AGREEMENT

(FL STUDIO EULA)


Offer to contract


This is an offer to contract. Read the following terms and conditions carefully before even installing, using, copying, transmitting, reselling or distributing this product because by installing, using, copying, transmitting, reselling or distributing this product, you agree to all of the terms of the Image Line End User License Agreement, as stated below.


Both this offer to contract as well as any user rights that would be granted under this EULA are entirely conditional upon the lawfulness of your copy of the Software and the Demo Songs (both defined below).  No offer to contract is made and no rights whatsoever are granted in case of “cracked” or otherwise unauthorized copies of the Software and/or the Demo Songs.  Unauthorized duplication, whether in whole or in part, temporary or definitive, of the Software and/or Demo Songs is a violation of applicable copyright laws and treaties and may result in severe civil and/or criminal sanctions.


If you do not agree to any of the terms of this End User License Agreement then do not install, use, copy, transmit or distribute this (copy of the) product and promptly, in any case no later than five (5) working days after the date of taken knowledge of this EULA for the product(s) as evidenced by your order confirmation, receipt, or invoice, return the product unused along with a copy of order confirmation, receipt, or invoice and a notice of disagreement to the store you bought your copy, or in case you bought it from the on-line Image Line Software web shop, to Image Line bvba, Kortrijksesteenweg 281, BE-9830 Sint-Martens-Latem, BELGIUM. A duly returned product together with a complete ‘Letter of Destruction’, will be promptly refunded.


If you can not comply to any of the terms of this End User License Agreement due to statute, judicial order, or regulation, then you must (i) send a printed copy of the EULA back to Image Line, (ii) cite the statute or regulation that prohibits you from adhering to the EULA, and (iii) describe the limitations and the clause they affect. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill at computer programming to be able to understand it. Except to the extent prohibited by statute or regulation, in which case you have to comply with the terms of this EULA to the maximum extent possible, the installation, use, copy, distribution or modification of this software is subject to the acceptance of Image Line of the changed clauses. You may not install, use, copy, transmit or distribute this product than after you received a signed copy of the changed End User License Agreement.



End User License Agreement


This is an End User License Agreement, hereinafter referred to as “EULA”, between Image Line b.v.b.a. (limited liability company) registered in Belgium (N° RPR 0452.440.860), with registered office at Kortrijksesteenweg 281, BE-9830 Sint-Martens-Latem, BELGIUM (hereinafter referred to as “IL”) and You, that applies, if not specified otherwise, to

(i)         present and future versions of FL STUDIO and related software products as well as any updates, upgrades, plugins or maintenance releases of that software that are distributed by IL, hereinafter referred to as the “Software”; and

(ii)        the demo song contained in the product package of the Software, including but not limited to digitally recorded sounds, MIDI or FL Studio format song files, loops, samples, rhythm patterns or patches and digitally reproduced music, hereinafter referred to as the “Demo Songs”.


“You” or “your” means you or of you, as an individual or as a legal entity who has accepted the terms of this EULA. For legal entities, "you" includes any entity that controls, is controlled by, or is under common control with you. For purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.


You expressly declare and warrant that you have the legal authority and capacity to enter into this EULA and that the information that has been and will be provided to IL is true and complete and that you will update such information promptly in case of changes.

To the extent that you have not reached the age of legal majority:

(i)         your acceptance of this EULA shall be made on your behalf by your parent or legal guardian;

(ii)        the rights granted hereunder shall be inapplicable if this EULA has not been accepted on your behalf by your parent or legal guardian.

Unless you have a different license agreement signed by IL your installation, use, copy, distribution or modification of the Software indicates your acceptance of all of the terms of this EULA.


This EULA identifies the terms under which you may install, use, copy, distribute or modify the Software.


Your User Rights

For as long as you are not in breach of the EULA and in consideration of payment of the license fee, IL hereby grants you, a personal, non-exclusive, non-transferable, worldwide and revocable license, being the right to use this copy of the Software (and its user manual) as a single person who uses the Software personally on one or more computers or workstations. The Software is licensed, not sold.


You may personally access this copy of the Software through a network, provided that you as well as any other person who accesses this copy through the network has obtained a separate personal license, regardless of whether the Software is used at different times or concurrently. Any, even non-simultaneous, use by multiple people of a personally licensed copy of the Software is strictly prohibited. This is not a concurrent use license.


You may personally make one (1) back-up copy insofar as it is necessary for the use you may make of the Software.


You expressly declare that IL has provided you with a (online) user manual which describes the operation and operating procedures for the Software. This license explicitly does not include training or assistance or any other activities with respect of the utilization of the Software. This license does not entitle you to receive upgrades or updates, except for customers who bought the on-line downloadable version of this software. You are however entitled to online support provided that you have validly registered yourself. You shall be responsible for installation of the Software on the computer(s) or workstation(s) and shall advise proper configuration of the hardware used, preparation of back-ups, and operating methods.


Depending on your version of the Software, some plugins will be a demo. If so, after saving your project the demo plugins will be replaced by empty channels/slots next time the project is opened. However, after purchasing and registering these demo plugins, they will load as they were originally saved. A dialog window will inform you about this.


Property Rights

The Software and the Demo Songs, in its entirety and each part of it, are protected by applicable copyright laws, international treaty provisions and European Directives.


You acknowledge and agree that the Software, including but not limited to the source code, the structure and organization, and the Demo Songs in its entirety and each part of it, are proprietary to IL and/or its partners and contributors and that IL and/or its partners retain exclusive ownership of all right, title and interest in and to the Software, Demo Songs, documentation and trademarks. As producer(s) of the databases contained in the Software and the product package of the Software IL and/or its partners and contributors retain all sui generis rights.


Notwithstanding the foregoing, IL shall in no event claim ownership rights to new and original music made by using the Software.


You shall not remove, modify, destroy or obscure any proprietary, trademark or copyright markings or notices. You will take all reasonable measures to protect IL’s proprietary rights in the Software, the Demo Songs, documentation and devices.


Apart from this license to use you are not granted any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights, franchises or licenses with respect to the Software or the Demo Songs.


All rights of any kind in the Software and the Demo Songs, which are not expressly granted in this EULA, are entirely and exclusively reserved to and by IL and/or its partners and contributors.


You are however allowed to share the logos and artwork, which can be downloaded at IL’s website (http://flstudio.image-line.com/documents/artwork.html), meaning you can copy, distribute and transmit them, but only for non-commercial purposes. Also you cannot alter, transform or build upon these logos and artwork and you have to respect IL’s moral rights. In the event of any such reuse or distribution you have to make these terms clear to others.


Your Obligations

Without restricting the generality of the foregoing you shall not, nor give anyone permission to (i) duplicate, rent, lease, alter, modify, translate, reverse engineer, decompile, disassemble or create derivative works based on the Software, (ii) make access to the Software available to others in connection with a service bureau, application service provider, or similar business, (iii) export or re-export the Software either directly or indirectly, without the prior written consent of IL and without the required export license.


On the other hand, without any prejudice to the above, you shall, (i) abide by all laws in the course of using the Software and shall not use the Software for illegal purposes, and in general you shall use the Software in good faith and under conditions that can be considered as normal use, (ii) take all commercially reasonable precautions to prevent unauthorized use or misuse of the Software, (iii) be liable, to the extent possible by law, for holding IL and/or its partners and contributors harmless for damages resulting from unauthorized and/or non-compliant use of the Software within your area of control, (iv) make no copies of the Software or documentation, other than the back-up copy as stated under the “Your User Rights” part of this EULA.


In the event your version of the Software is a trial or demo version, your usage of the Software is limited to private use only. You are expressly forbidden to use your projects created with such a demo version of the Software for commercial purposes, both “profit” or “not-for-profit”. Notwithstanding any foregoing provisions, should you not comply with this obligation, IL will have full ownership over these projects and is therefore entitled to all revenue generated by this commercial usage. In order make this enforceable, you will hand over your bookkeeping controls to IL on simple request.


You shall also not, nor give anyone permission to (i) duplicate, rent, lease, alter, modify, disassemble or create derivative works based on the Demo Songs, (ii) synchronize the Demo Songs with any videotape or film, or print the Demo Songs in the form of standard music notation, (iii) use the Demo Songs for broadcast or transmission of any kind, resell or redistribute the Demo Songs "as is" (i.e., stand alone) in any way, including for use in sampling or sample playback units, or in any sound library product, or in any radio or television broadcast, soundtrack, film or other commercial product in any media, whether the Demo Songs remain in their original form or are reformatted, mixed, filtered, re-synthesized or otherwise edited.


On the other hand, without any prejudice to the above, you shall  (i) abide by all laws in the course of using the Demo Songs and not to use the Demo Songs for illegal purposes, and in general to use the Demo Songs in good faith and under conditions that can be considered as normal use, (ii) take all reasonable precautions to prevent unauthorized use or misuse of the Demo Songs, (iii) be liable, to the full extent permitted by law, for holding IL and/or its partners harmless for damages resulting from unauthorized and/or non-compliant use of the Demo Songs within your area of control.


Third Party Software

With regard to any Third Party software that may be incorporated in the Software, you shall not, nor give anyone permission to duplicate, rent, lease, alter, modify, disassemble or create derivative works based on the Third Party software, including the schematics, in any form or format whatsoever. Additionally, and without any prejudice to the above, you shall  not create derivative works of the ‘third party software’ and/or give anyone permission to duplicate or download (even for free), such plugins. You acknowledge that the use of this Third Party software entirely falls under the scope of this EULA.


However, if you are an educational institution, for example (but not limited to) a school or university, and/or have acquired the Software for educational purposes, you acknowledge that this EULA does not extend to the use for those purposes of the Third Party software that may be incorporated in the Software.  You acknowledge that such use of the Third Party software is subject to a license agreement concluded by you with the concerned Third Party or Parties.  Concerning the use of the “FL Synthmaker” application specifically, you acknowledge and agree to contact Outsim Ltd. (www.synthmaker.co.uk) and conclude a separate License Agreement with them for the use of their “Synthmaker”-software for educational purposes.


Recommendation software

The software installer you are about to initiate utilizes the OpenCandy, Inc. (or similar) recommendation network in order to provide you offers that may be of interest. By clicking on the "Next" or "Install" button below, you agree that OpenCandy may collect and use certain information obtained in connection with this software installation in accordance with the policies and practices set forth in OpenCandy's Privacy Policy, which can be read at http://www.opencandy.com/privacy-policy/.


Termination

IL may immediately terminate this EULA without prior notice, should your conduct fail to conform to the terms and conditions of this EULA or of any other agreement with IL, preserving its right to claim damages.


Upon termination, you will promptly return all copies (if any) of any and all Software and Demo Songs to IL. You may not continue to use the Software and Demo Songs or any portions of it in any way and under any circumstances once this license has been terminated. Should this be the online version of the Software and Demo Songs, you will have to destroy all you copies of the Software and Demo Songs in their entirety.


You will not be entitled to any refund of amount paid for the use of the Software, or any other amounts for any reason.


Disclaimer

Subject to the other provisions in this provision, IL warrants to you, the original licensee, that the media on which the Software is recorded will be free of defects in material and workmanship under normal use for a period of thirty (30) days from purchase, and that the Software and Demo Songs will perform substantially in accordance with the user guide for a period of thirty (30) days from purchase. IL's sole responsibility under this warranty will be, at its option, (1) to use reasonable efforts to correct any defects that are reported to it within the foregoing warranty period or (2) to refund the full purchase price. IL does not warrant that the Software will be error free, nor that all program errors will be corrected. In addition, IL makes no warranties if the failure of the Software or Demo Songs results from accident, abuse, malfunctioning system, not meeting the minimum system requirements, misapplication or any other circumstances out of IL’s control. All requests for warranty assistance shall be directed to IL at the following address: Kortrijksesteenweg 281, BE-9830 Sint-Martens-Latem, Belgium.


The express warranty set forth in the above provision is the only warranty given by IL with respect to the entire product package including Software and Demo Songs and all accompanying files, data and materials. IL disclaims all warranties, either express or implied, including without limitation any warranties of merchantability, fitness for a particular purpose or title or warranty of non-infringement of any intellectual property or warranty against computer viruses.  IL does not represent nor warrant that any service will at any moment be uninterrupted or fault-free.


Good data processing, data transformation or data modelling procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the program. This disclaimer of warranty constitutes an essential part of the agreement.


In no event shall IL, or its principals, shareholders, officers, employees, affiliates, contractors, distributors, subsidiaries, partners, contributors or parent organizations, be liable for any incidental, consequential, or punitive damages whatsoever relating to the use of the Software, the Demo Songs, or your relationship with IL.


In addition, in no event does IL authorize you to use the Software in applications or systems where the Software's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold IL harmless from any claims or losses relating to such unauthorized use.


Should this version of the Software be a beta version, you should install it in a different folder than your existing installation (if any). You acknowledge that beta versions tend to crash, contain more bugs than a final release, might not be fully compatible with the final release and can share registry entries with an existing installation, causing it to malfunction. Therefore beta versions should only be used for testing purposes by experienced users who know what they are doing. Beta versions come with no form of warranty whatsoever and you have to bear all the risks involved.


Indemnity

You agree to defend, indemnify and hold harmless IL, or its agents, principals, shareholders, officers, employees, affiliates, contractors, distributors, subsidiaries, partners, contributors or parent organizations, for any claim, demand or action made by any third party, irrespective of the nature of the claim, demand or action, alleging loss, costs, damages, expenses, or injury (including injury from death) resulting from your authorized or unauthorized use, possession, modification, or alteration of the Software or the Demo Songs.


IL reserves the right to defend or settle itself, without your consent, of the claims, demands or actions brought against IL, its agents, principals, shareholders, officers, employees, affiliates, contractors, distributors, subsidiaries, partners, contributors or parent organizations, at your expenses, including all associated costs, expenses and liabilities, including, without limitation, attorney’s fees and you will provide all useful assistance, at your own cost, to IL in defending or settling the claims, demands or actions and assume all liability.


Non Assignment

You may not assign or try to assign or sublicense or otherwise deal with any of the rights and obligations under this EULA.


Complete Agreement

This Agreement is the complete statement of the Agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements.


Privacy Policy

IL respects and protects your privacy. The information collected during the installation, use or distribution of the Software will be used for the sole purpose of the proper functioning of the IL services. IL fully complies with applicable privacy legislation. Unless otherwise agreed, IL shall not sell nor transfer your personal data to any third party. You have the right to access your data and if necessary to rectify it. You can always free of charge object to the processing of your personal data for direct marketing. All requests about privacy should be sent at info@image-line.com.


Waiver

The failure of IL to exercise or enforce any of its rights under this EULA is not to be taken as or deemed to be a waiver of that right.


Severability

Part or all of any clause of the EULA that is unenforceable, invalid or illegal will be severed from this EULA and will not in any way affect the validity, legality and enforceability of the remaining provisions contained herein. Any such unenforceable, invalid or illegal provision, term or condition shall be reformed only to the extent necessary to make it enforceable, valid or legal and shall be substituted by a new provision which reflects the original purpose and comes as close as possible to the original purpose of the invalid, illegal or unenforceable provision term or condition upon which the parties can agree upon without violation of any law or statutory provision.


Any law or regulation that provides that the language of a contract shall be construed against the drafter shall not apply to this License.


Amendment of the Agreement

IL shall have the right to amend, modify or alter the present EULA. This new EULA will enter into force thirty (30) days after it has been published on IL’s website. If you do not agree to these new terms, you will have to notify IL within this timeframe and your license will be revoked when the timeframe expires.


Applicable Law and Jurisdiction

The enforceability, construction, interpretation, and validity of this EULA shall be governed by the laws of Belgium.


Exclusive jurisdiction and venue for all matters relating to this Agreement shall be in courts located in Ghent (Belgium), and you consent to such jurisdiction and court.


End User Acknowledgement

You acknowledge that you have read and understood this EULA and agree to be bound by its terms. The express terms of the EULA are in lieu of all implied warranties of merchantability, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are hereby excluded to the fullest extent permitted by law.



Academic End User License Agreement


This section only applies to you, provided that you are an “Academic User”, being

(i)         a current member of the faculty or staff of a recognised educational institution, or

(ii)        a full- or part-time student currently enrolled at such a recognised educational institution.

The issuance of this “ACADEMIC EULA” is conditioned upon your current status as an Academic User. If so, you can obtain this license at a discounted price.


The provisions of the EULA also apply to Academic Users, but only if this ACADEMIC EULA doesn’t state otherwise.


Your User Rights

You may use the Software solely for individual and personal purposes, personal education and study including all other non-commercial activities that are consistent with your academic, teaching and research activities. Without limiting the generality of the foregoing, you may not use the Software for the purpose of conducting, or in connection with, any commercial purposes or business purposes, whether “profit” or “not-for-profit”. Any work performed or produced as a result of use of this Software cannot be performed or produced for the benefit of other parties for a fee, compensation or any other reimbursement or remuneration.


This licence is granted to a named individual at an educational institution and not to any public, private or governmental institution or entity. This license and associated Software may not be assigned or transferred to another party, and any such attempted assignment or transfer will be null and void. IL may terminate this license in the event of any such attempted assignment or transfer. Consequently, you may not put this Software at the free disposal of other teachers and/or students, nor are you authorized to resell this Software.


Termination

If you cease to be an Academic User you have to notify IL and this license will be terminated without prior notice.


In reliance of your representation as an Academic User, IL has charged you fees that have been discounted from its standard fee. If your representation proves to have been untrue, IL reserves the right to charge you, automatically and by right, a fixed amount of €1.000,00 without prejudice to any and all other rights and remedies to which it is entitled.



5 User Academic End User License Agreement


This section only applies to you, provided that you are an “Academic User”, being

(i)         a current member of the faculty or staff of a recognised educational institution, having purchased a 5 User Academic Lab Pack or being identified as one of the five (5) users, or

(ii)        a full- or part-time student currently enrolled at such a recognised educational institution, having purchased a 5 User Academic Lab Pack or being identified as one of the five (5) users.

The issuance of this “5 USER ACADEMIC EULA” is conditioned upon your current status as an Academic User. If so, you can obtain this license at a discounted price.


The provisions of the EULA also apply to Academic Users, but only if this 5 USER ACADEMIC EULA doesn’t state otherwise.


Your User Rights

For as long as you are not in breach of the 5 USER ACADEMIC EULA and in consideration of payment of the license fee, IL hereby grants you, a personal, non-exclusive, non-transferable, worldwide and revocable license, being the right to use five (5) copies of the Software (and its user manual) as a single person, company or institution who uses the Software in an educational, academic environment. The Software is licensed, not sold.


You may personally access these copies of the Software through a network, provided that you as well as any other person who accesses these copies through the network remains within the five (5) user limitation, regardless of whether the Software is used at different times or concurrently. Any, even non-simultaneous, use by more than five (5) people of the Software is strictly prohibited unless you own more 5 User Academic Lab Packs. Upon purchase of this license, these five (5) persons have to be identified.


You may use the Software solely for individual and personal purposes, personal education and study including all other non-commercial activities that are consistent with your academic, teaching and research activities. Without limiting the generality of the foregoing, you may not use the Software for the purpose of conducting, or in connection with, any commercial purposes or business purposes, whether “profit” or “not-for-profit”. Any work performed or produced as a result of use of this Software cannot be performed or produced for the benefit of other parties for a fee, compensation or any other reimbursement or remuneration.


This license and associated Software may not be assigned or transferred to another party, and any such attempted assignment or transfer will be null and void. IL may terminate this license in the event of any such attempted assignment or transfer. Consequently, you may not put this Software at the free disposal of other teachers and/or students, nor are you authorized to resell this Software.


Termination

If you cease to be an Academic User you have to notify IL and this license will be terminated without prior notice.


In reliance of your representation as an Academic User, IL has charged you fees that have been discounted from its standard fee. If your representation proves to have been untrue, IL reserves the right to charge you, automatically and by right, a fixed amount of €5.000,00 without prejudice to any and all other rights and remedies to which it is entitled.

FL STUDIO MOBILE LICENSED APPLICATION
END USER LICENSE AGREEMENT (FLM EULA)


Please review the end user license agreement in the iTunes store using the links provided below:

FL Studio Mobile


FL Studio Mobile HD

FL STUDIO MOBILE ANDROID
LICENSED APPLICATION END USER LICENSE AGREEMENT  




The Products transacted through the Service are licensed, not sold, to You for use only under the terms of this license, unless a Product is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. The licensor (“Application Provider”) reserves all rights not expressly granted to You. The Product that is subject to this license is referred to in this license as the “Licensed Application.”  


a. Scope of License: This license granted to You for the Licensed Application and its included content by Application Provider is limited to a non-transferable license to use the Licensed Application and its included content on any Android device that You own or control and as permitted by the Usage Rules set forth in the Google Play Terms of Service (see http://play.google.com/intl/en_us/about/play-terms.html) (the “Usage Rules”). This license does not allow You to use the Licensed Application and its included content on any Android device that You do not own or control, and You may not distribute or make the Licensed Application and its included content available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application and its included content, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application and its included content). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.


You shall also not, nor give anyone permission to (i) duplicate, rent, lease, alter, modify, disassemble or create derivative works based on the included content of the Licensed Application, (ii) synchronize the included content of the Licensed Application with any videotape or film, or print the included content of the Licensed Application in the form of standard music notation, (iii) use the included content of the Licensed Application for broadcast or transmission of any kind, resell or redistribute the included content of the Licensed Application "as is" (i.e., stand alone) in any way, including for use in sampling or sample playback units, or in any sound library product, or in any radio or television broadcast, soundtrack, film or other commercial product in any media, whether the included content of the Licensed Application remain in their original form or are reformatted, mixed, filtered, re-synthesized or otherwise edited. On the other hand, without any prejudice to the above, you shall  (i) abide by all laws in the course of using the included content of the Licensed Application and not to use the included content of the Licensed Application for illegal purposes, and in general to use the included content of the Licensed Application in good faith and under conditions that can be considered as normal use, (ii) take all reasonable precautions to prevent unauthorized use or misuse of the included content of the Licensed Application, (iii) be liable, to the full extent permitted by law, for holding the Application Provider and/or its partners harmless for damages resulting from unauthorized and/or non-compliant use of the included content of the Licensed Application within your area of control. Notwithstanding the foregoing, the Application Provider shall in no event claim ownership rights to new and original music made by using the Licensed Application.

 
b. Consent to Use of Data: You agree that Application Provider may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. Application Provider may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.  


c. Termination. The license is effective until terminated by You or Application Provider. Your rights under this license will terminate automatically without notice from the Application Provider if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.


d. Services; Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that You accept additional terms of service.


You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.


Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.


You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.


In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the Android device are not available in all languages or in all countries. The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.


e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.


f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of twenty dollars ($20.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.


g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.


h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.


i. The laws of the State of California, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.  


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