Sounds License Agreement
The license to use Uphoria and the sounds it contains is granted to a single user only. You cannot transfer ownership of Uphoria, nor the sounds or program it contains.
Reproduction, duplication or distribution of any sound recordings contained in Uphoria, either as they exist or by any means of reformatting, mixing, filtering, re-synthesizing, processing, or otherwise editing for use in other products or for resale, is strictly prohibited without the express written consent of AngelicVibes.
All unauthorized copying, giving, trading, lending, renting, reissuing, redistributing or reselling of Uphoria, or any of the sounds it contains, is strictly prohibited.
You cannot electronically transfer or post samples from Uphoria to another person, group of persons over the Internet, or place them in a computer/server/website/sampler network to be accessed by multiple users.
Use of these sounds in Multimedia/Game Music projects is limited to use within original musical compositions.
AngelicVibes monitors other soundware and software releases to check for copyright infringements and will prosecute all piracy and copyright violations to the fullest extent of the law.
In Plain English:
Please be creative in your application of these sounds and instruments and respect the brand’s hard work by keeping them for your use only.
Software License Agreement
This AngelicVibes End User License Agreement accompanies an AngelicVibes computer software program and sounds and its documentation and other related explanatory materials (collectively, the “Software”). In addition to the program and the documentation, the term “Software” shall also include any upgrades, modified versions, or updates of the Software licensed to you by AngelicVibes. Please read this Agreement carefully.
ALL USE OF THE SOFTWARE IS SUBJECT TO THIS LICENSE AGREEMENT. BY INSTALLING AND USING THIS SOFTWARE, YOU ARE AGREEING TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND CONSENT TO BE BOUND BY, AND BECOME A PARTY TO, THIS AGREEMENT. ANGELICVIBES’ ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS ARE CONSIDERED AN OFFER BY ANGELICVIBES, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
1. License Grant, Use, and Restrictions.
Subject to the terms and conditions of this Agreement, AngelicVibes hereby grants you a non-exclusive, nontransferable license (the “License”) to use the computer software program in machine executable object code form only, and only in accordance with the applicable end user and technical documentation provided by AngelicVibes. All rights not expressly granted herein are reserved.
(a) use the enclosed Software on more than one computer; (b) physically transfer the Software from one computer to another, provided that it is used only by the purchaser of the AngelicVibes Virtual Instrument; (c) make copies of the Software solely for backup purposes. You must reproduce and include the copyright notice on a label on any backup copy, and must take reasonable measures to ensure that any copy is used only as allowed by the terms of this Agreement.
YOU MAY NOT:
(a) distribute copies of the Software to others; (b) rent, lease or grant sub-licenses or other rights to the Software; (c) provide use of the Software to third parties, or in a computer service business, network, time-sharing, multiple-CPU or multiple-user arrangement without the prior written consent of AngelicVibes; (d) translate or otherwise alter the Software without the prior written consent of AngelicVibes; (e) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software, except and only to the extent applicable statutory laws specifically prohibit such restrictions; nor (f) create derivative works based on the Software. This License does not specifically entitle you to any updates, enhancements, or improvements to the Software. AngelicVibes may release these at times, and from time to time, at its sole discretion.
2. Disclaimer of Warranty.
This software is provided “as is” and AngelicVibes and its licensors and suppliers make no warranties. Express, implied, or otherwise, and expressly disclaim all warranties, including warranties of merchantability, non-infringement of third-party rights, and fitness for any particular purpose. AngelicVibes and its licensors and suppliers do not and cannot warrant the performance or results you may obtain by using the software. Some states do not allow exclusions of an implied warranty or limitations on how long an implied warranty may last, so this disclaimer may not apply to you.
3. Limitation of Liability.
Notwithstanding anything to the contrary, neither AngelicVibes, nor its licensors and suppliers, shall be liable with respect to any subject matter of this agreement under tort, contract, strict liability, or any other legal theory for (a) any indirect, special, incidental, or consequential damages of any character, including, without limitation, damages for loss of goodwill, data, profit or savings, work stoppage, or computer failure or malfunction; (b) any damages in excess of AngelicVibes’ list price for a license to the software; or (c) for any claims by any third party, even if AngelicVibes, its representative, or its licensors or suppliers shall have been informed of the possibility of such damages. Some states do not allow exclusions or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.
The License granted in Section 1 will terminate automatically if you fail to cure any material breach of this Agreement within thirty (30) days of written notice, or immediately without notice in the case of a breach of Section 1. Upon termination, you shall immediately cease all use of the Software and return or destroy all copies of the Software. Except for the License granted in Section 1 and except as otherwise expressly provided herein, the terms of this Agreement shall survive termination. Termination is not an exclusive remedy and all other remedies will be available whether or not the license is terminated.
For any further information and questions email [email protected]
Information We Collect
In running and maintaining our website we may collect and process the following data about you:
- Information about your use of our site including details of your visits such as pages viewed, the browser name, the type of computer used, internet service providers and other similar information in regards to traffic data, location data, and other communication data.
- Information provided voluntarily by you. For example, when you register for an account or make a purchase.
- Information that you provide when you communicate with us by any means.
Use of Your Information
We use the information that we collect from you to provide our services to you. In addition to this we may use the information for one or more of the following purposes:
- To improve customer service
- To personalize user experience
- To improve our site
- To process payments
- To send periodic emails
- To inform you of any changes to our website, services or products.
Storing Your Personal Data
In operating our website it may become necessary to transfer data that we collect from you to locations outside of the United States for processing and storing. By providing your personal data to us, you agree to this transfer, storing or processing. We do our utmost to ensure that all reasonable steps are taken to make sure that your data is treated and stored securely.
Unfortunately, the sending of information via the internet is not totally secure and on occasion, such information can be intercepted. We cannot guarantee the security of data that you choose to send us electronically, sending such information is entirely at your own risk.
Disclosing Your Information
- In the event that we sell any or all of our business to a buyer.
- Where we are legally required by law to disclose your personal information.
All orders through our website are handled by third-party payment processor Paypal. We only see the information you provide us with i.e. your email address, first name, last name and billing address as well as any information provided to us by the payment processor. We only use this information to complete your order and communicate with you.
We may gather information about your general internet use by using the cookie. Where used, these cookies are downloaded to your computer and stored on the computer’s hard drive. Such information will not identify you personally. It is statistical data. This statistical data does not identify any personal details whatsoever.
You can adjust the settings on your computer to decline any cookies if you wish. This can easily be done by activating the reject cookies setting on your computer.
PLEASE READ BEFORE INSTALLING
What are the basic principles of the standard license agreement?
Single-user music production/performance: Allowed
Multiple users: Not Allowed
Non-music use: Not Allowed
Any uses that are not allowed under the license need additional permission or a special license from AngelicVibes.
What is meant by “Single-User”?
A single-user is defined as one person. The license cannot be owned by a company, corporation, organization, band, partnership, studio, etc.
Are there any legal limitations to how I can use AngelicVibes Virtual Instruments?
The main limitation is that you are not allowed to use them to make a sample library or another kind of sample-based product using the instruments in the Virtual Instruments. You are also restricted from giving away or posting online any loops or samples created using AngelicVibes’ Virtual Instruments. They can be easily resampled by end users. However, you are able to use them in all your musical recording applications without paying for any additional licenses.
Can I order AngelicVibes Virtual Instruments directly from AngelicVibes?
Yes, AngelicVibes Virtual Instruments can be purchased directly from our website as downloads, or from any of our authorized distributors.
Do I need a special license to use AngelicVibes Instruments in music used on a commercial project?
No. The lifetime license fee to use the instruments and samples in any type of music is covered in the purchase price of the instrument. You can use it on as many of your own projects as you like and we hope that you have fun!
Do I have to credit AngelicVibes if I use any AngelicVibes Virtual Instruments on a project?
No, it isn’t mandatory, but we certainly would appreciate it!
Can I use AngelicVibes Virtual Instruments in music library productions?
Yes, this is fine. However, you cannot sell any sounds or presets from our Virtual Instruments as your own.
Can I distribute the music I’ve created with AngelicVibes Virtual Instruments in a “multitrack” format?
One of the only things that are NOT allowed is distributing your music in a multitrack format that completely exposes tracks that were created using our samples.
The problem, in this case, is that the separate tracks can then easily be reused in new works by the end-user of the music – someone who is not a licensed AngelicVibes user. Please contact us if you need further clarification: [email protected]
What if the AngelicVibes elements in my music are exposed for a period of time?
We aren’t concerned about normal music use, where the music is presented in a mixed format. Of course, our sounds may sometimes appear in exposed passages like intros and breaks within a song’s mix, but this is considered normal usage.
Can I use AngelicVibes Virtual Instruments in music for film trailers?
Can I use AngelicVibes Virtual Instruments in music for multimedia or game music projects?
Yes, with the exception of encoding samples created with AngelicVibes Virtual Instruments directly into the game. That requires a special license. Remember, music use is allowed, but non-music use (e.g. SFX, Resampling) is not permitted without clearance. Please contact us if you wish to encode any of the samples into a game system.
Can I use the sounds from my AngelicVibes Virtual Instruments outside of music production?
If you are considering any non-musical use of the sounds from your AngelicVibes Virtual Instruments, it’s very important that you contact us directly in advance: [email protected]
Can I use AngelicVibes Virtual Instruments or libraries to create loops or samples for distribution if I’m layering them with other sounds or doing a lot of creative processing?
Not without securing an additional license from AngelicVibes. Legally, it is considered a “derivative work” when our sound recordings are involved in the creation of new samples or loops.
What if it’s just for my own use and I don’t distribute the samples I’ve created?
If you’re a licensed user, you are welcome to use your AngelicVibes Virtual Instruments and libraries to create new audio samples and loops for your own use. The important thing is not to distribute them. They can be easily resampled by end users.
Can I use the demo songs?
No. They are just presented to give you an idea of what AngelicVibes Virtual Instruments can do. Demo songs cannot be sampled, remixed, or used in any other application without special permission from AngelicVibes. If you are interested in using any of the demo songs in some other application, please contact us and we’ll connect you with the composer/publisher.
Can I resell AngelicVibes Virtual Instruments used to someone else?
Can I install my AngelicVibes Virtual Instruments on a client’s computer for their use?
Not unless they are a licensed user.
As a studio owner, am I allowed to include AngelicVibes Virtual Instruments on a rental or studio computer for studio clients to use on their projects?
No. The standard license to use AngelicVibes Virtual Instruments is only granted to the buyer. We have a “single-user/multiple-computer” lifetime license policy. If it is a recording project that you are musically involved in producing, engineering or arranging, of course, that isn’t a problem. However, your studio clients aren’t licensed to use them for their own projects and the use of AngelicVibes Virtual Instruments cannot be “rented.” In the case where a client has his own license for a AngelicVibes Virtual Instrument, that client is welcome to use the studio’s installed copy of the instrument.
Does this mean that I can’t use AngelicVibes Virtual Instruments when working on someone else’s project?
Not a problem. This type of use is standard and perfectly allowable. The “single-user” is defined as the person who is licensed to use the software instrument for his/her lifetime. This means that the licensed user can use it on any musical projects he/she is involved in. This can be a person’s own project, a project where he/she is acting as a producer for another artist, or as a session musician performing on someone else’s project – live or in the studio. Most of our customers use their AngelicVibes Virtual Instruments on many different kinds of musical projects for different artists and collaborations.
The main point of our license agreement is the concept of a single, licensed user. A licensed AngelicVibes user must be musically involved in a project that is utilizing AngelicVibes Virtual Instruments – hence the restriction against simply renting the instruments or renting “time” to use the instruments as part of a studio’s services.
I’ve never heard of these kinds of licensing restrictions before. This seems unusual and totally different from using hardware sound modules. Why does AngelicVibes have such an unusual policy?
It’s actually not unusual at all or even unique to AngelicVibes. In fact, this is the identical type of license agreement used for thousands of sample libraries, virtually all sample-based virtual instruments, and the vast majority of music software. Single-user license agreements have different restrictions than those for hardware devices, and many people are not aware of the distinctions. One of the purposes of this FAQ section is to serve as a clear explanation of our policies. “Single-user” license restrictions are standard for nearly all software/soundware companies – not only AngelicVibes.
Who can I talk to if I have more questions?
We’re happy to talk to you! You can send us an email at [email protected]angelicvibes.com.