Terms of Service

1.INTRODUCTION

1.1These terms of service (“Terms of Service”) constitutes a legal agreement between you and Propellerhead Software AB, Hornsbruksgatan 23, SE-117 34 Stockholm, Sweden (“Propellerhead”) and govern your use of the services described under clause 1.2 (“Services”). Please read this agreement carefully.

1.2Propellerhead is the provider of a marketplace that allows you to download, view or use digital content, to purchase music hardware and software and ancillary products (collectively the “Products”) for end user use under the terms and conditions set forth in these Terms of Service. Propellerhead's standard end user license agreement applies for Propellerhead software Products. Separate terms and conditions may apply with respect to hardware. Products are provided by Propellerhead, but some Products may be the subject to additional third party terms and conditions in accordance with clause 4.

1.3You accept the Terms of Service (including any end user licenses and third party licenses referred to in the Terms of Service) by either creating a user account or otherwise clicking to agree or accept where these options are presented. You agree to comply with the Terms of Service and any applicable law, regulations or policies in the relevant jurisdiction.

1.4Propellerhead may modify these Terms of Service by posting new or additional terms. Such modifications and additional terms will be incorporated into the Terms of Service. If you do not agree to the changes, you must cease your use of the Services and any Product obtained through the Services. Your continued use of the Services is your acceptance of the changed Terms of Service.

1.5If you are under 18 years of age, you must have your parents or legal guardian’s permission to use the Services.

2.USE OF THE SERVICES

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

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

2.3You agree that Propellerhead’s Privacy Policy applies to your use of the Services and that Propellerhead may store and use your personal information in accordance with the policy.

2.4You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You agree that you will not use any of the Products provided through the Services in a way that interferes or disrupts any servers, networks, or websites operated by Propellerhead or any third party.

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

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

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

3.PROVISION OF THE SERVICES AND PRODUCTS

3.1Propellerhead reserves the right to modify, suspend or discontinue the Services (or any part of features thereof), at any time without prior notice to you. Propellerhead is not liable to you or any third party should it exercise such rights.

3.2Propellerhead may make available to you various payment processing methods to facilitate the purchase of Products from the Services. You agree to abide by any relevant terms of service or other legal agreement, whether with Propellerhead or a third party, that governs your use of the given payment processing method. Any billing statement in relation to a purchase through the Services will be provided through your user account or by e-mail.

3.3All sales are final and nonrefundable unless otherwise provided by law or expressly stated by Propellerhead. Prices for Products offered through the Services may change at any time. Propellerhead do not provide price protection or refunds in the event of a price reduction or promotional offering.

3.4You agree to comply with any and all applicable tax laws; including the reporting and payment of any additional taxes arising in connection with your use of the Services or the purchase of Products through the Services, and that the reporting and payment of any such applicable taxes are your responsibility.

3.5From time to time, Propellerhead may discover that a Product provided through the Services violates the agreement between Propellerhead and the developer of a Product or other legal agreements, laws or policies. Propellerhead reserves the right to immediately remove that Product from the Services without any prior notice to you.

4.THIRD PARTY TERMS

4.1Certain Products available through the Services are developed by third parties and contain third party terms and conditions that govern your use of such Products (“Third Party Terms”). For Rack Extension Products such Third Party Terms can be found here. Any dealings between you and such third party are solely between you and the third party. Propellerhead is not responsible or liable for any aspects of such dealings. The terms in these Terms of Service limiting Propellerhead’s liability also apply to your use of the third party Products to the extent that such terms are not covered by the Third Party Terms.

5.AUTOMATIC UPDATES

5.1Products provide through the Services may communicate with Propellerhead’s servers, or a third party’s server, from time to time to check for available updates to the Products, such as bug fixes, patches, enhanced functions and new versions. By installing the Products, you agree to such automatically requested and received updates.

6.EXPORT RESTRICTIONS

6.1Products provided through the Services may be subject to laws or regulations relating to the control of imports and exports of the Products. You agree to comply with all such applicable laws and you shall not export or re-export directly or indirectly any part of the Products to any such country without first obtaining permission from the relevant authority.

7.INDEMNIFICATION

7.1To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Propellerhead, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney fees) arising out of or accruing from your use of the Services, including your downloading, installation, or use of any Products, or your violation of these Terms of Service.

8.TERMINATION

8.1These Terms of Service will continue to apply until terminated by you or Propellerhead.

8.2If you want to terminate these Terms of Service, you may do so by ceasing your use of the Services and any Product (other than hardware and tangible items) obtained through the Services.

8.3Propellerhead may at any time terminate these Terms of Service with you if (i) you have breached any provision of these Terms of Service; (ii) if Propellerhead is required to do so by law; or (iii) if Propellerhead decides to no longer provide the Services.

9.DISCLAIMER OF WARRANTIES

9.1YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND ANY PRODUCTS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES TERMS AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO ANY PRODUCTS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES AS WELL AS THE SERVICES ITSELF, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THESE TERMS OF SERVICES CANNOT CHANGE.

9.2YOUR USE OF THE SERVICES AND ANY PRODUCTS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.

10.LIMITATIONS OF LIABILITY

10.1SUBJECT ALWAYS TO CLAUSE 10.2, YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROPELLERHEAD AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT INCLUDING NEGLIGENCE OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOSS OF INCOME, BUSINESS OR PROFITS THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE SERVICES OR ANY PRODUCTS DOWNLOADED OR OTHERWISE OBTAINED FROM THE SERVICES, INCLUDING ANY LOSS OF DATA. IN ANY EVENT, PROPELLERHEAD ́S LIABILITY SHALL NEVER EXCEED ONEHUNDRED (100) EUR.

10.2Nothing in the Terms of Service will affect the statutory rights of any consumer nor exclude the liability of Propellerhead, its subsidiaries or affiliates for: (i) death and personal injury caused by negligence; (ii) fraudulent misrepresentation; or (iii) any other liability which cannot be limited by applicable law.

11.MISCELLANEOUS

11.1Propellerhead may assign, transfer, sell or otherwise dispose its rights and obligations under these Terms of Service, in whole or part, at any time without notice to you. You may not assign this agreement or any part of it.

11.2Propellerhead may notify you with respect to the Services by sending an e-mail message to the e-mail address provided by you or by a posting on the Services. Notices shall become effective immediately.

11.3These Terms of Service and the use of the Services are governed by Swedish law.

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

Telephone: +46 8 556 08 400

End User License Agreement

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

Propellerhead Software grants to you a nonexclusive license to use the Software, provided that you agree to the following:

1.Use of the Software

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

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

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

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

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

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

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

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

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

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

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

6.This contract shall be exclusively subject to the laws of Sweden. If any one stipulation of this License contract should be or become invalid, completely or in part, this shall not affect the validity of the remaining stipulations. The parties undertake instead to replace the invalid stipulation with a valid regulation which comes as closely as possible to the purpose originally intended.

Place of jurisdiction is location of the national sales company or agent. Propellerhead Software can also, however, at its free discretion, open proceedings at the registered address of the Licensee. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of Propellerhead Software.

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

Your acceptance or decline of the foregoing Agreement [was] indicated during installation.

If you should have any queries concerning this License contract or wish to speak to Propellerhead Software about any matter, please contact the following address in writing: Propellerhead Software, Hornsbruksgatan 23, SE-117 34 Stockholm, Sweden.

PRIVACY POLICY

You consent to the collection, processing and storage by Propellerhead of Your personal information in accordance with the terms of Propellerhead’s Privacy Policy. You agree to comply with all applicable laws and regulations, and the terms of Propellerhead’s Privacy Policy, with respect to any access, use and/or submission by You of any personal information in connection with this web site.

Third Party Product End User License Agreement

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

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

1.Use of the Software

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

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

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

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

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

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

3.No transfer. You may not transfer, rent, lease, or sublicense the Software.

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

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

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

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

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

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

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

PRIVACY POLICY

You consent to the collection, processing and storage by the Developer and Propellerhead Software AB of your personal information in accordance with the terms of Propellerhead’s Privacy Policy.

Privacy Policy

Last updated: 25 May 2012

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

1.COLLECTION AND USE OF YOUR PERSONAL INFORMATION

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

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

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

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

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

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

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

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

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

2.SHARING OF PERSONAL INFORMATION

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

3.COOKIES AND OTHER TECHNOLOGIES

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

Propellerhead may use cookies in order to store your preferences and other information on your computer in order to save time by eliminating the need to repeatedly enter the same information, for example by remembering personal information when you use Propellerhead’s websites, and to display your personalized content and targeted advertising on your later visits to its websites.

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