Image Line Terms of Use

image line software user license agreement

TERMS OF USE

  1. Applicability
    1. By downloading, installing and using the Products and/or registering and making use of the Website or Web Shop and/or explicitly accepting these Terms of Use, you indicate that you have read, understood, and agree to be legally bound by it. Acceptance of these Terms of Use also implies that you fully renounce the application of your own terms and conditions.
    2. The Terms of Use are always available on the Website and can thus be consulted prior to the electronic conclusion of the agreement. The Terms of Use are available electronically in such a way that you can store them easily on a durable medium.
  2. Definitions
    1. When used in the Terms of Use and unless defined otherwise in Specific Terms, the following terms shall have the following meaning:
      1. Image Line: Image Line NV, with registered office at Franklin Rooseveltlaan 348/D, BE-9000 Ghent (Belgium) also known as Image-Line and Image Line Software, and with company registration number 0452.440.860 (Register of legal entities: Gent) and VAT number BE0452.440.860
      2. ALPHA / BETA version: Software that has been provided for development and testing purposes of the software itself. Alpha / Beta software is not commercially released, but delivered by restricted distribution systems, such as the User forums or App Store, closed testing, Alpha / Beta systems.
      3. Cracked: Software that circumvents Image Line software copy protection and or licensing systems by unlocking the software for use without the user making a formal and correct payment to Image Line through recognized commercial channels.
      4. Demo Songs: The demo song and content distributed in or with any version 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.
      5. Digital Content: content, such as, Samples & Loops, Demo Songs, presets,  which is provided through the Software (including FL Cloud) and/or the Web Shop for free or against payment.
      6. FL Cloud: a cloud based application which forms part of the Software and in which Digital Content and Tools are provided for free and/or through the payment of a subscription or the use of service credits.
      7. Products: the products provided by Image Line, including without limitation the Software, FL Cloud, Digital Content and Tools.
      8. Published Audio & Project Works: any works, including without limitation audio and project works, created by using the Image Line Software.
      9. Publication: the distribution of audio and/or project information, in any format, so that it is available for others to hear, redistribute or use in any other way.
      10. Samples & Loops: audio files provided by Image Line, through, without limitation, its Software (including FL Cloud) or its Web Shop. Including, but not limited to: 'hits' such as a single kick-drum hit, complete or partial musical and/or rhythmical phrases known as 'loops' or vocal and all other audio recordings.
      11. Tools: Plugins or other services, such as third party applications or services, which are provided through the Software (including FL Cloud) and/or the Web Shop for free or against payment.
      12. Box Version: Software sold and delivered to the User in a physical box.
      13. Software: All present and future versions of the software FL STUDIO (including the mobile version FL STUDIO MOBILE) distributed by Image Line, as well as any updates, upgrades or maintenance releases.
      14. User: every natural or legal person who has downloaded and uses the Software or uses the Website and/or Web Shop and has thus accepted the Terms of Use. For legal entities, the User includes any entity that controls, is controlled by, or is under common control with the User. 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.
      15. Website: www.image-line.com and derivatives developed and administered by Image Line (such as but not limited to: www.flstudio.com, www.flstudiomobile.com, www.image-line.com,www.imageline.com).
      16. Web Shop: The web shop of Image Line accessed from the company Website(s) or in the Software (in-app).
      17. Materials: any Published Audio & Project Work, sound recording, musical work and/or other material (such as pictures, videos, song lyrics, etc.) the User provides to Image Line.
      18. Specific Terms: specific terms that apply to specific use cases or category of persons and provided therein and which form a component of the Terms of Use, as available via the Website or any other URL provided by Image Line.
      19. Terms of Use: the agreement between Image Line and you, composed of these terms of use and the Specific Terms.
  3. Contract Structure
    1. These Terms of Use govern your interactions with Image Line, including without limitation, your purchase of Products of Image Line; the use of the Products, including the Software of Image Line regardless of whether the Software was purchased as a Box Version or online, through the Web Shop or through a third party; and the use of the Website or Web Shop of Image Line.
    2. This is an offer to contract. Read the following Terms of Use carefully before even downloading, installing or using the Products, Website or Web Shop because by downloading, installing, and using the Products, Website and Web Shop the User agrees to ALL of the terms of these Terms of Use, as stated below.
    3. Both this offer to contract as well as any User rights that would be granted under this Terms of Use are entirely conditional upon the lawfulness of the User’s copy of the Products. No offer to contract is made and no rights whatsoever are granted in case of “cracked” or otherwise unauthorized copies of the Products. Unauthorized duplication, whether in whole or in part, temporary or definitive, of the Products is a violation of applicable copyright laws and treaties and may result in severe civil and/or criminal sanctions.
    4. If the User does not agree to any of the terms of these Terms of Use, the User should not download, install or use the Products, Website or Web Shop. In case of Products the User should promptly, and in any case no later than five (5) working days after the date of taking knowledge of these Terms of Use for the Products as evidenced by the User’s order confirmation, receipt, or invoice, return the Products unused along with a copy of order confirmation, receipt, or invoice and a notice of disagreement to the store the User bought the Products, or in case the User bought it online, to Image Line. Duly returned Products together with a complete ‘letter of destruction’, in which the User declares that the user has destructed any copy of the Products, will be promptly refunded.
    5. If you cannot comply with any of the provisions of the Terms of Use due to statute, judicial order, or regulation, then you must (i) send a printed copy of the Terms of Use back to Image Line, (ii) cite the statute or regulation that prohibits you from adhering to the Terms of Use, and (iii) describe the limitations and the clause they affect. Such description must be sufficiently detailed for a recipient of ordinary skill at computer programming to be able to understand it. The installation, use, copy, distribution or modification of the Software is subject to the acceptance of Image Line of the changed clauses. You may not install, use, copy, transmit or distribute this Software than after you have received a signed copy of the changed Terms of Use.
    6. Certain interactions between you and Image Line, may be subject to Specific Terms. If there is any conflict between these general Terms of Use and the Specific Terms, the Specific Terms will control in relation to their subject matter.
  4. Our Products
    1. Software: a Software subscription includes access to the Software, including the free version of FL Cloud, as well as Lifetime Free Updates. Users of the Software are offered ‘Lifetime Free Updates’, i.e. whenever a new version of the User’s specific Software edition (FL Studio Fruity Edition, FL Studio Producer Edition, FL Studio Signature Edition, FL Studio All Plugins Editon) becomes available, the User will have the option to download and use this new version free of charge.This Lifetime Free Updates offer is not valid for:Any of the additional plugins; and

      Any software other than the Software.

      Lifetime Free Updates means that Image Line retains the right to decide at its own sole discretion when and for which specific Software edition (FL Studio Fruity Edition, FL Studio Producer Edition, FL Studio Signature Edition, FL Studio All Plugins Editon) 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.

      Users of a Box Version can register their box online (http://boxregistration.image-line.com) and then will be given access to Lifetime Free Updates.

    2. Digital Content & Tools: some standard Digital Content and Tools are freely available in the Software and FL Cloud. For more advanced Digital Content and Tools payment is required through the Web Shop, service credits or FL Cloud subscription.
    3. FL Cloud: access to FL Cloud can consist of a paying subscription or via service credits. An FL Cloud subscription includes access to all the Digital Content and Tools contained in the FL Cloud keeping in mind the fair use principle. This subscription can be monthly or yearly. Unless the User notifies Image Line of its intention to cancel the subscription via the opt-out mechanism in the portal before the end of the Subscription Term, the subscription shall automatically renew for a successive term of the same duration as the initial subscription period. The User will be charged the applicable subscription fee for the renewed term, using the payment method known by Image Line. Image Line shall provide the User with a notification of the impending renewal at least 7 days in case of a monthly subscription and 30 days in case of a yearly subscription prior to the renewal date, outlining the renewal terms and providing clear instructions on how to opt-out of the automatic renewal process. FL Cloud service credits give you the right to buy Digital Content (and not Tools) in the FL Cloud depending on the amount of credits you have.
    4. Free versions: Image Line provides the User with free versions of the Software and FL Cloud. These free versions allow the User to evaluate the Software and FL Cloud. In general these versions contain the primary functionalities and are fully functionable. The free version of the Software does not allow the User to open stored items after closing the Software. The free version of FL Cloud only provides, from time to time, some standard free Digital Content and/or Tools, at Image Line’s sole discretion.
  5. Providing the Products
    1. Software: the Software might be provided online (via the Web Shop or third party resellers) or in Box Version. In case the Software is provided online and after acceptance and processing of the User’s order by Image Line, the User will receive the necessary account and registration information by email or this can be found in the order ticket. The license(s) will be added in the my account section of the User’s account and the User will be able to download the latest installer from Image Line website and can unlock FL Studio by email and password.
      In case the Software is provided in a Box Version the Box will contain a getting started manual and a 20 digit serial that the User can register on our website or from within FL Studio.
      The User’s logging in and unlocking FL Studio confirms the successful download of the software product and the Software activation.
    2. Digital Content & Tools: the more advanced Digital Content & Tools for which payment is needed might be bought through the Web Shop (which can be accessed via the Software) or through FL Cloud (via a subscription or service credits). After payment the Digital Content & Tools will become available on the relevant medium.
    3. FL Cloud: an FL Cloud subscription or service credits can be bought online (including through the Software) and will be linked to your account. You will thus need an Image Line account to make use of this Product. After payment access will be granted via the Software to the FL Cloud Digital Content and Tools (service credits may only be used to unlock Digital Content).
  6. Orders through the Web Shop of Image Line
    1. In general, the User can order the Products via the Web Shop of Image Line as follows:
      1. Choose the desired Product by clicking on the ‘add to cart’ button (clicking on the product description will provide the User with detailed information on the Product).
      2. Use the buttons to advance to the next sections where you provide the personal information and direct contact information. The User hereby declares that the information provided on this form is true, complete and accurate.
      3. Select the payment method and double-check the personal information and direct contact information and confirm by clicking order.
      4. The User is transferred to the secure SSL section of Image Line’s payment partner where the User can fill the rest of the payment details and confirm payment.
      5. Immediately after the User’s order (if successful), the User will receive an email acknowledging his order and an order ticket has been created on Image Line’s system. The User will see onscreen the login information needed to be able to follow-up the status of his order online.
      6. After the User’s order has been manually checked and accepted, the User will receive a second email informing him of an update of his order ticket with his personal username and password. This email contains also further instructions on how to proceed with the download and installation of the Products the User purchased and in case of Software on how to request a personal registration code for unlocking the Software. All this info is also posted in the online order ticket.
    2. The User may up until confirmation of his payment:
      1. modify any information supplied by using the previous button;
      2. change the Products he wishes to purchase by removing them from its cart;
      3. cancel the ordering process by closing the navigator.

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

    3. Acceptance of this Terms of Use is required before placing an order in the Web Shop or in-app store. The agreement is concluded at the time of the electronic acceptance of the offer by the User. Image Line confirms as soon as possible by electronic means receipt of the acceptance of the offer.
  7. Payment
    1. Prices are indicated in US Dollar or Euro, depending on your choice and are exclusive of VAT, depending of your location. Image Line will not charge additional shipping or handling charges.
    2. Whilst Image Line endeavors to ensure the prices on its Website, Web Shop  and in the Software are accurate, Image Line may withdraw offers at any time and Image Line cannot exclude errors in price indication and reserves the right to change prices or correct prices if an error is detected. If the price of a Product which is ordered by a User is changed or corrected, this User will be informed of the correction by Image Line within seven (7) days of its order and offered the opportunity to cancel free of any charges the order for said Product. Any amounts already paid will be refunded within fourteen (14) days after such cancellation.
    3. Full payment is due prior to delivery of the Product. Image Line accepts payment (through its different payment partners) by: Visa, MasterCard, PayPal, bank wire transfer and if applicable local payment methods.
    4. If after the initial order, the User wishes to make changes to the agreement, these changes will be implemented only if (i) Image Line explicit agrees to them; and (ii) the User accepts that Image Line may pass on to the User all associated price adjustments and costs that the changes entail.
    5. Any cancellation of an order shall be in writing and is only valid if accepted in writing by Image Line.
  8. Refund policy
    1. Software: Image Line provides fully-functional, downloadable, try-before-you-buy versions of the Software. These allow you to evaluate the Software for as long as you want, before committing to any purchase(s). Please use this trial period to ensure the Software meets your needs, before purchasing a license. Our Software is fully-functional, and does not require registration to enable its primary functionality. If you place an order for our Software, you will be able to download a registration code to activate your Software after payment has cleared. Once you have activated the Software, you are no longer eligible for any refund.We have this policy since it is impossible to fully return a registered version of our Software.
    2. 8.2 FL Cloud: Image Line provides the possibility to try FL Cloud for free for a period of 30 days. These allow you to evaluate FL Cloud, before committing to any purchase(s). Please use this trial period to ensure FL Cloud meets your needs, before purchasing a license. Once your purchase a subscription or service credits no refund is possible. With regard to the FL Cloud subscription it is however possible to cancel the subscription in case of a monthly subscription before the end of each month and in case of a yearly subscription before the end of each year.
  9. Right of withdrawal
    1. In accordance with the articles VI.47-53 of the Code of Economic Law, the User has the right to withdraw the order or cancel the agreement without stating any reason within a period of fourteen (14) days. This withdrawal period starts on the day on which the User has taken possession of the Product.
    2. Exception in case of online Software, Digital Content & Tools: the User expressly acknowledges that the right of withdrawal is forfeited for the Products for which the User already performed a download or is deemed to have performed a download in accordance with article 4 of these Terms of Use before the expiration of the withdrawal period. The user acknowledges that by initiating the download or using the Software or Digital Content and Tools before the expiration of the withdrawal period, he/she waives the right to withdraw from the agreement.
    3. Exception in case of FL Cloud subscription and service credits: the User expressly acknowledges and accepts that, in situations where services have been fully executed and initiated with their explicit prior consent, such as immediate access to the FL Cloud database without awaiting the conclusion of the withdrawal period, the right of withdrawal from the agreement is excluded.
    4. Exception in case of Box Version: the User expressly acknowledges and accepts that, in the event that the security of the Box Version has been compromised after delivery, the right of withdrawal from the agreement is excluded.
    5. General exception: the User may not exercise the right of withdrawal for Products which are specifically designed to the User’s specifications.
    6. In cases no exception applies the User needs to create a request in the order ticket to withdraw the order or cancel the agreement.
    7. In case of a correct withdrawal, the User is entitled to a refund of the price he has paid for the supplied Product. The refund will be provided within fourteen (14) days after the day on which Image Line is informed of the User’s withdrawal decision. The User will be refunded in the same way as he carried out the payment.
    8. If the User is a company or business or if the Products are used wholly or in part for business purposes, the User does not dispose of the right to withdraw the order or cancel the agreement as set forth in this article.
  10. User rights
    1. Any rights granted to you are conditional upon the lawfulness of your copy of the Products. No rights whatsoever are granted in case of Cracked or otherwise unauthorized copies of the Products. Unauthorized duplication, whether in whole or in part, temporary or definitive, of the Products is a violation of applicable intellectual property laws, other legislation and EU Regulations and may result in severe civil and/or criminal sanctions.
    2. For as long as the User is not in breach of the Terms of Use and in consideration of payment of the relevant (license) fees, Image Line hereby grants the User, a personal, limited, non-exclusive, non-transferable, non-rentable, worldwide and revocable license, being the right to use the Software, the Digital Content, Tools, FL Cloud and if applicable relevant user manuals, as a single person who uses the Software personally on one or more computers or workstations. The Software is licensed, not sold.
    3. The User may personally access its copy of the Software through a network, provided that the User has obtained a separate personal license. 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.
    4. The User may personally make one (1) back-up copy of the Software insofar as it is necessary for the use the User may make of the Software.
    5. The User expressly declares that Image Line has provided the User with a (online) user manual which describes the operation and operating procedures for the Software. These Terms of Use explicitly do not include training or assistance or any other activities with respect of the utilization of the Software. These Terms of Use do entitle the User to receive upgrades or updates as set forth in the ‘Lifetime Free Updates’ article of these Terms of Use. The User is however entitled to online support provided that the User has validly registered himself. The User shall be responsible for installation of the Software on the computer(s) or workstation(s) and is advised to properly configure the hardware used, preparation of back-ups, and operating methods.
    6. Depending on the User’s version of the Software, some plugins will be a demo. If so, after saving the User’s 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 the User about this.
  11. Restrictions on use

    General restrictions

      1. The User shall not, nor give anyone permission to (i) duplicate, rent, lease, alter, modify, translate, reverse engineer, decompile, disassemble or create derivative works from the Products; (ii) make access to the Products available to others in connection with a service bureau, application service provider, or similar business; (iii) export or re-export the Products either directly or indirectly, without the prior written consent of Image Line and without the required export license; nor shall the User give anyone permission to download the Products.
      2. The User shall not resell, lend, give or transfer any Image Line Software license, registration key, unlock key, unlock code, Image Line Account or use any other mechanism (including making or using Cracked versions of the Software) that grants a person, other than the User, access to, and use of, any Software, Product or Service that is the subject of this agreement.
      3. The User shall (i) abide by all laws in the course of using the Products and shall not use the Products for illegal purposes, and in general the User shall use the Products 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 Products; (iii) make no copies of the Products or documentation, other than the back-up copy as stated under article 9 of these Terms of Use.

    Digital Content & Tools

      1. Unless other license terms (e.g. terms of Third-Party providers) prevail, the following applies with regard to Digital Content and Tools:
        1. You may use the Digital Content & Tools to create your own original musical compositions, provided that additional content is added, and the Digital Content will be significantly transformed.
        2. Use of unmodified Digital Content appearing in isolation is not permitted without obtaining a separate license. Isolated Digital Content must not be distributed or licensed or sold as individually licensable content.
        3. These Digital Content are provided for your use only with the Software, for use as musical instruments and sound design elements, and for integration into, or use in development of, musical compositions. The Digital Content & Tools are not to be resold, sublicensed, or otherwise distributed, except as expressly provided herein. The usage of any mat Digital Content & Tools for the creation of other sound packs, as a sound library for any kind of (software) synthesizer, virtual instrument, sample library, sample-based product or other musical instrument, is prohibited. This means you may not reformat, mix, filter or otherwise alter any of the Digital Content & Tools for use in any kind of standalone commercial sampling product/package or software without the express written consent of Image Line.
        4. You may neither nor give anyone permission to duplicate, rent, lease, alter, modify, disassemble or create derivative works based on the Demo Songs; synchronize the Demo Songs with any videotape or film, or print the Demo Songs in the form of standard music notation; use the Demo Songs for broadcast or transmission of any kind, resell or redistribute the Demo Songs "as is" (i.e. standalone) in any way whether the Demo Songs remain in their original form or are reformatted, mixed, filtered, re-synthesized or otherwise edited, including broadcasting, transmitting, reselling or redistributing 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; nor shall the User give anyone permission to download the Demo Songs.

    Demo or trial versions

      1. In the event the User’s version of the Software is a trial or demo version, the User’s use of the Software is limited to personal use only. The User is expressly forbidden to use the User’s projects, audio or video created with such a demo version of the Software for commercial purposes, both “profit” or “not-for-profit”. Notwithstanding any foregoing provisions, should the User not comply with this obligation, Image Line will have full ownership over these projects and is therefore entitled to all revenue generated by this commercial use, while the User will remain bound by all the obligations set out in these Terms of Use. In order make this enforceable, the User will hand over the User’s bookkeeping controls to Image Line on simple request.

    FL Cloud

      1. In case of an FL Cloud subscription the User expressly acknowledges that its right to Digital Content might be limited in accordance with the Fair Use Policy of Image Line, which can be consulted here ("Fair Use Policy”). This Fair Use Policy is necessary to guarantee a good experience for all the FL Cloud Users.
      2. The User agrees that the license for the FL Cloud Tools is provided for the Subscription Term.

    Third Party software

      1. By accessing and using the Products, you will gain access to software or data that is in whole or in part subject to third party or open source software licenses. Their might be third party- and/or open source software license terms applicable to such access and use. You shall comply with your obligations under such licenses. Nothing in this agreement will prevent Image Line from any act necessary to comply with applicable third party- or open source license. You acknowledge that the open source software is subject to various rights and restrictions in favor of or imposed by the licensors thereof and that your use of the open source software is subject to all such rights and restrictions. Image Line cannot be liable for any infringement by the User of these third party or open source software licenses.
      2. If the User is an educational institution, such as but not limited to a school or university, and/or has acquired the Software for educational purposes, the User acknowledges that such use of the third party software is subject to a license agreement concluded by the User with the concerned third party or parties. Concerning the use of the “FL Synthmaker” application specifically, the User acknowledges and agrees to contact Outsim Ltd. and conclude a separate license agreement with it for the use of its “Synthmaker”-software for educational purposes.

    Recommendation software

    1. Some installers may use a monetization solution to recommend other software the User may find valuable during installation of the Software. This monetization solution may collect and use non personally identifiable information about this installation and the recommendation process. Collection of this information by this monetization solution only occurs during this installation and the recommendation process, in accordance with this monetization solution's privacy policy.
  12. User obligations
    1. The User bears the burden of proof of defects in any of the Products or information and all your requests for warranty assistance shall be directed to Image Line.
    2. The User agrees to inspect the supplied Product upon delivery, and to verify that its quality corresponds to what was agreed. Any visible defects must be reported to Image Line in writing immediately within eight (8) days after delivery. After expiry of this period, the Product is deemed to be accepted, such that protest after this date is considered inadmissible. Acceptance covers all visible defects, i.e. all defects that the User at the time of the delivery or during the following eight (8) days could have determined via a careful and serious inspection. Complaints submitted to Image Line will be answered within a reasonable time from the date of receipt.
    3. The User will exercise due diligence and maintain strict safeguards on all Products received from Image Line to prevent unauthorized use or distribution thereof. If the User becomes aware of any unauthorized use or distribution of the Products, it shall immediately notify Image Line thereof via email.
    4. The User is responsible for testing the Products with non-critical data before relying on it. The User assumes the entire risk of using the Products.
    5. Should the User install an ALPHA / BETA version of the Software, it should install it in a different folder than the folder of the previous installation (if any). The User acknowledges that ALPHA / 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.
    6. In no event does Image Line authorize the User to use the Products in applications or systems where the Product’s failure to perform can reasonably be expected to result in a significant physical injury, or in loss of life. Any such use is entirely at the User’s own risk, and the User agrees to hold Image Line harmless from any claims or losses relating to such unauthorized use.
    7. The User is responsible for maintaining the confidentiality of his account information and registration key and is fully responsible for activities that occur therewith. In case the User’s registration key is found to be available or accessible to any third party on any website, ftp site or otherwise, the User’s 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 the User’s breach of these Terms of Use.
  13. Intellectual Property Rights
    1. The User bears the burden of proof of defects in any of the Products or information and all your requests for warranty assistance shall be directed to Image Line.
    2. The User agrees to inspect the supplied Product upon delivery, and to verify that its quality corresponds to what was agreed. Any visible defects must be reported to Image Line in writing immediately within eight (8) days after delivery. After expiry of this period, the Product is deemed to be accepted, such that protest after this date is considered inadmissible. Acceptance covers all visible defects, i.e. all defects that the User at the time of the delivery or during the following eight (8) days could have determined via a careful and serious inspection. Complaints submitted to Image Line will be answered within a reasonable time from the date of receipt.
    3. The User will exercise due diligence and maintain strict safeguards on all Products received from Image Line to prevent unauthorized use or distribution thereof. If the User becomes aware of any unauthorized use or distribution of the Products, it shall immediately notify Image Line thereof via email.
    4. The User is responsible for testing the Products with non-critical data before relying on it. The User assumes the entire risk of using the Products.
    5. Should the User install an ALPHA / BETA version of the Software, it should install it in a different folder than the folder of the previous installation (if any). The User acknowledges that ALPHA / 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.
    6. In no event does Image Line authorize the User to use the Products in applications or systems where the Product’s failure to perform can reasonably be expected to result in a significant physical injury, or in loss of life. Any such use is entirely at the User’s own risk, and the User agrees to hold Image Line harmless from any claims or losses relating to such unauthorized use.
    7. The User is responsible for maintaining the confidentiality of his account information and registration key and is fully responsible for activities that occur therewith. In case the User’s registration key is found to be available or accessible to any third party on any website, ftp site or otherwise, the User’s 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 the User’s breach of these Terms of Use.
  14. Privacy & Cookies
    1. For more information about Image Line’s privacy and cookie policy, please consult the privacy & cookie statement here http://www.image-line.com/legal/ (or any other such URL, as may be specified by Image Line).
  15. Representations and warranties
    1. The User expressly warrant and declare that he/she is 16 years or older and has the legal authority and capacity to accept the Terms of Use and that the information that has been and will be provided to Image Line is true and complete and that he/she will update such information promptly in case of changes. To the extent that the User has not reached the legal age of majority: i) the acceptance of the Terms of Use shall be made on his/hers behalf by his/hers parent or legal guardian; ii) no rights shall be granted by the Terms of Use if the Terms of Use have not been accepted on his/hers behalf.
    2. Unless specifically provided otherwise in the Terms of Use, all Products are provided by Image Line ‘as is’ & ‘as available’ and without warranty of any kind to the extent allowed by the applicable law.
    3. Image Line does not warrant that any information provided (including via its Website) and the Products are up-to-date, free of inaccuracies, errors and/or omissions, viruses, worms, trojan horses and the like, or that its content is appropriate for your particular use. Image Line reserves the right to amend the information and Products at any time without notice. Image Line does not warrant any results derived from the use the Website or Products. You are solely responsible for any use of the information and Products provided by Image Line.
    4. Each warranty is void if the damage to the Products is due to the incorrect use, whether intentional or not or abuse of the Product or the medium on which the Product is recorded; as well as when the failure of the Product or the medium on which the Product is recorded results from accident, a malfunctioning system, not meeting the minimum system requirements, or any other circumstances that lie outside of Image Line’s control.
    5. The warranties set forth in this article are the only warranties given by Image Line with respect to the Products. Image Line 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. Image Line does not represent nor warrant that any service will at any moment be uninterrupted or fault-free.
    6. ALPHA / BETA versions come with no form of warranty whatsoever and you have to bear all the risks involved.
    7. This disclaimer of warranty constitutes an essential part of the Terms of Use.
  16. Liability
    1. Image Line can in no way be held liable for malfunctioning or temporary or permanent unavailability of the Products or Website or for any damages resulting thereof. The User is familiar with and accept the inherent vulnerability of the Products as software products.
    2. The User waives any claim against Image Line as regards to the use of the Products and the information on the Website. Moreover, the User accept all risks which are related to the Website and Products, such as but not limited to the risk of damage to its computer, software or data loss due to a virus.
    3. Image Line cannot be held liable for any inaccuracies, errors and/or omissions, viruses, worms, trojan horses and the like, nor the inappropriateness of the content on the Website or in the Product, nor the incompleteness of the information on the Website or in the Product, nor for the information being out-of-date.
    4. Image Line is only liable for direct damages. Image Line cannot be held liable for any indirect, consequential, punitive or incidental damages, including but not limited to lost profits or revenues, business interruption, loss of data arising out of or any damages whatsoever relating to the use of the Products or Website, or the relationship with Image Line.
    5. Image Line will in no event be liable for damages resulting from incorrect assembly, installation, use or maintenance of the Products by the User.
    6. Image Line cannot be held liable for any failure or delay caused by force majeure (i.e. events which are unpredictable, unforeseeable, irresistible or beyond its reasonable control).
    7. In any event, the liability of Image Line shall not exceed the User’s registration fee or the total amount paid by the User to Image Line for the purchased Image Line Product.
  17. Indemnification 
    1. The User agrees to defend, indemnify and hold harmless Image Line or its agents, principals, shareholders, officers, employees, affiliates, contractors, distributors, subsidiaries, partners, contributors or parent organizations, from and against any and all claims, demands or actions 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) and all losses, damages, liabilities, obligations, judgments, penalties, fines, awards, costs, expenses and disbursements (including without limitation, of investigating, preparing or defending any claim, action, suit, proceeding or investigation) suffered or incurred by Image Line resulting from i) the User’s breach of any provisions set forth in the Terms of Use; and/or  ii) the User’s use, possession, modification, or alteration of the Products; and/or iii) the User’s unauthorized and/or non-compliant use of the Products.
    2. Image Line reserves the right to defend itself from or settle without the User’s consent, the claims, demands or actions brought against Image Line, its agents, principals, shareholders, officers, employees, affiliates, contractors, distributors, subsidiaries, partners, contributors or parent organizations, at the User’s expense, including all associated costs, expenses and liabilities, including, without limitation, attorney’s fees and the User will provide all useful assistance, at its own cost, to Image Line in defending or settling the claims, demands or actions and assume all liability.
  18. Term and termination
    1. These Terms of Use shall enter into force on the date of your acceptance as detailed in the heading of these Terms of Use, and continue in effect for an indefinite duration, unless terminated in accordance with this article.
    2. These Terms of Use may be terminated by you and Image Line for convenience at any time upon prior written notice to the other party of three (3) months, starting the first day of the month following the date of delivery of the termination, unless the duration of any Specific Terms would supersede such term, in which case the Terms of Use shall remain in effect until the end of such Specific Terms duration.
    3. Image Line has the right to terminate at its sole discretion the Terms of Use, any Specific Terms or Product license, at any time, with immediate effect, without court intervention, without preliminary notice of default and without payment of any compensation, including in, but not limited to the following cases: (i) if you, despite a written notice of default in which a period of at least seven (7) calendar days is observed, remains in default with respect to the (timely and proper) fulfilment of one or more obligations resulting from the Terms of Use (in particular, payment of the invoices); (ii) suspension of payment or (applying for) bankruptcy by you; (iii) liquidation or discontinuation of your activities; (iv) your change of control in the sense of article 1:14 of the Belgian Code of Companies and Associations (Wetboek Vennootschappen en Verenigingen); (v) if (a part of) your assets are seized; (vi) if you refuse to make an advance payment or provide the guarantees demanded by Image Line; or (vii) if Image Line has reasonable grounds to doubt that you will honour Your obligations to Image Line.
    4. In the case of termination, Image Line retains the right to claim compensation for all costs, interests and damages incurred by Image Line, and all claims by Image Line against you are payable immediately.
    5. Upon termination, You will promptly return all copies (if any) of any and all Products or any portions thereof. Should this be the online version of the Products, You shall destroy all your copies of the Products in their entirety.
    6. You will not be entitled to any refund of the amounts paid to Image Line, or any other amounts for any reason.
  19. Assignment
    1. The User may not assign or try to assign or sublicense or otherwise deal with any of the rights and obligations under this Terms of Use.
    2. Image Line shall be entitled to freely assign, at any time and without the User’s prior consent, any or all of its rights and obligations under these Terms of Use to any third party at its discretion whether or not as part of the transfer of all or a substantial part of its business. Image Line will notify the User of any such assignment within one (1) month after such assignment becomes effective. The Terms of Use will be binding on, and inure to the benefit of, Image Line’s successors and/or assigns.
    3. In case of assignment by Image Line, the User hereby agrees that all Personal Data (as defined in Image Line’s privacy & cookie statement as referred to in article ‘Privacy Policy’ of these Terms of Use) which are collected in relation to the User, may be transferred to Image Line’s successors and/or assigns without any further approval of the User.
  20. Complete agreement
    1. These Terms of Use contain the complete agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements and arrangements.
  21. Waiver
    1. The failure of Image Line to exercise or enforce any of its rights under these Terms of Use is not to be taken as or deemed to be a waiver of that right.
  22. Severability
    1. Part or all of any clause of the Terms of Use that is unenforceable, invalid or illegal will be severed from these Terms of Use 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.
    2. Any law or regulation that provides that the language of a contract shall be construed against the drafter shall not apply to these Terms of Use.
  23. Amendment of the Terms of Use
    1. Image Line shall have the right to amend, modify or alter the present Terms of Use. These new Terms of Use will enter into force thirty (30) days after they have been published on the Website. If the User does not agree to these new terms, the User will have to notify Image Line within this timeframe and the User’s license will be revoked when the timeframe expires.
  24. Applicable Law and Jurisdiction
    1. The enforceability, construction, interpretation, and validity of these Terms of Use shall be governed by the laws of Belgium.
    2. Exclusive jurisdiction and venue for all matters relating to this agreement shall be in courts located in Ghent (Belgium), and the User consents to such jurisdiction and court.
  25. Applications sold under 3rd party agreements
    1. Some Image Line software applications are sold through 3rd party stores, such as, but not restricted to FL STUDIO MOBILE. Example App stores include the Google Play Store, Apple App Store and Windows App Store. In such cases the User is also bound by the EULAs and Terms Of Service associated with App purchases through such stores. For more information on these agreements see: https://www.image-line.com/mobile-app-eula/
  26. End User acknowledgement
    1. The User acknowledges that the User has read and understood these Terms of Use and agrees to be bound by its terms. The express terms of the Terms of Use 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.
  27. Academic Terms of Use
    1. This section only applies to the User who is an “Academic User”, being
      1. a current member of the faculty or staff of a recognized educational institution; or
      2. a full-time or part-time student currently enrolled at such a recognized educational institution.
    2. The issuance of this “Academic Terms of Use” is conditioned upon the User’s current status as an Academic User. If so, the Academic User can obtain the Software license at a discounted price.
    3. The provisions of the Terms of Use also apply to Academic Users, but only if the provisions of this Academic Terms of Use do not state otherwise.
      • User rights The Academic User may use the Software solely for individual and personal purposes, personal education and study including all other non-commercial activities that are consistent with the Academic User’s academic, teaching and research activities. Without limiting the generality of the foregoing, the Academic User 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. The Software license 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. Image Line may terminate this license in the event of any such attempted assignment or transfer. Consequently, the Academic User may not put the Software at the free disposal of other teachers and/or students, nor is the Academic User authorized to resell the Software.
      • Termination If the Academic User ceases to be an Academic User, the user has to notify Image Line thereof and the Software license will be terminated without prior notice.

        In reliance of the Academic User’s representation as an Academic User, Image Line has charged the Academic User fees that have been discounted from its standard fee. If the Academic User’s representation proves to have been untrue, Image Line reserves the right to charge the Academic User, automatically and by right, a fixed amount of 1.000,00 EUR without prejudice to any and all other rights and remedies to which it is entitled.
  28. 5 User Academic Terms of Use
    1. This section only applies to the User who is a “Multiple Academic User”, being
      1. a current member of the faculty or staff of a recognized educational institution, having purchased a ‘5 User Academic Lab Pack’ or being identified as one (1) of the five (5) Users; or
      2. a full-time or part-time student currently enrolled at such a recognized educational institution, having purchased a ‘5 User Academic Lab Pack’ or being identified as one (1) of the five (5) users.
    2. The issuance of this “5 User Academic Terms of Use” is conditioned upon the User’s current status as a Multiple Academic User. If so, the Multiple Academic User can obtain the Software license at a discounted price.
    3. The provisions of the Terms of Use also apply to Multiple Academic Users, but only if the provisions of this 5 User Academic Terms of Use do not state otherwise.
      1. User Rights For as long as the Multiple Academic User is not in breach of the 5 User Academic Terms of Use and in consideration of payment of the license fee, Image Line hereby grants the Multiple Academic User, 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.

        The Multiple Academic User may personally access these copies of the Software through a network, provided that the Multiple Academic User 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 the Multiple Academic User owns more 5 User Academic Lab Packs. Upon purchase of this Software license, these five (5) persons have to be identified. The Multiple Academic User may use the Software solely for individual and personal purposes, personal education and study including all other non-commercial activities that are consistent with the Multiple Academic User’s academic, teaching and research activities. Without limiting the generality of the foregoing, the Multiple Academic User 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. Image Line may terminate this Software license in the event of any such attempted assignment or transfer. Consequently, the Multiple Academic User may not put this Software at the free disposal of other teachers and/or students, nor is the Multiple Academic User authorized to resell this Software.
      2. Termination If the Multiple Academic User ceases to be an Multiple Academic User the User has to notify Image Line and the Software license will be terminated without prior notice. In reliance of the Multiple Academic User’s representation as a Multiple Academic User, Image Line has charged the Multiple Academic User fees that have been discounted from its standard fee. If the Multiple Academic User’s representation proves to have been untrue, Image Line reserves the right to charge the Multiple Academic User, automatically and by right, a fixed amount of 5.000,00 EUR without prejudice to any and all other rights and remedies to which it is entitled.