9 SPARK LEGAL INFORMATION
9.1
SOFTWARE LICENSE AGREEMENT
In consideration of payment of the Licensee fee, which is a portion of the price you paid,
Arturia, as Licensor, grants to you (hereinafter termed “Licensee”) a nonexclusive right to use this copy of the Spark Creative Drum Software (hereinafter the “SOFTWARE”).
All intellectual property rights in the software belong to Arturia SA (hereinafter: “Arturia”).
Arturia permits you only to copy, download, install and use the software in accordance with the terms and conditions of this Agreement.
The product contains product activation for protection against unlawful copying. The OEM software can be used only following registration.
Internet access is required for the activation process. The terms and conditions for use of the software by you, the end-user, appear below. By installing the software on your computer you agree to these terms and conditions. Please read the following text carefully in its entirety. If you do not approve these terms and conditions, you must not install this software. In this event give the product back to where you have purchased it (including all written material, the complete undamaged packing as well as the enclosed hardware) immediately but at the latest within 30 days in return for a refund of the purchase price.
1. Software Ownership
Arturia shall retain full and complete title to the SOFTWARE recorded on the enclosed disks and all subsequent copies of the SOFTWARE, regardless of the media or form on or in which the original disks or copies may exist. The License is not a sale of the original
SOFTWARE.
2. Grant of License
Arturia grants you a non-exclusive license for the use of the software according to the terms and conditions of this Agreement. You may not lease, loan or sub-license the software.
The use of the software within a network is illegal where there is the possibility of a contemporaneous multiple use of the program.
You are entitled to prepare a backup copy of the software which will not be used for purposes other than storage purposes.
You shall have no further right or interest to use the software other than the limited rights as specified in this Agreement. Arturia reserves all rights not expressly granted.
3. Activation of the Software
Arturia may use a compulsory activation of the software and a compulsory registration of the OEM software for license control to protect the software against unlawful copying. If you do not accept the terms and conditions of this Agreement, the software will not work.
In such a case the product including the software may only be returned within 30 days following acquisition of the product. Upon return a claim according to § 11 shall not apply.
4. Support, Upgrades and Updates after Product Registration
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You can only receive support, upgrades and updates following the personal product registration. Support is provided only for the current version and for the previous version during one year after publication of the new version. Arturia can modify and partly or completely adjust the nature of the support (hotline, forum on the website etc.), upgrades and updates at any time.
The product registration is possible during the activation process or at any time later through the Internet. In such a process you are asked to agree to the storage and use of your personal data (name, address, contact, email-address, and license data) for the purposes specified above. Arturia may also forward these data to engaged third parties, in particular distributors, for support purposes and for the verification of the upgrade or update right.
5. No Unbundling
The software usually contains a variety of different files which in its configuration ensure the complete functionality of the software. The software may be used as one product only.
It is not required that you use or install all components of the software. You must not arrange components of the software in a new way and develop a modified version of the software or a new product as a result. The configuration of the software may not be modified for the purpose of distribution, assignment or resale.
6. Assignment of Rights
You may assign all your rights to use the software to another person subject to the conditions that (a) you assign to this other person (i) this Agreement and (ii) the software or hardware provided with the software, packed or preinstalled thereon, including all copies, upgrades, updates, backup copies and previous versions, which granted a right to an update or upgrade on this software, (b) you do not retain upgrades, updates, backup copies und previous versions of this software and (c) the recipient accepts the terms and conditions of this Agreement as well as other regulations pursuant to which you acquired a valid software license.
A return of the product due to a failure to accept the terms and conditions of this
Agreement, e.g. the product activation, shall not be possible following the assignment of rights.
7. Upgrades and Updates
You must have a valid license for the previous or more inferior version of the software in order to be allowed to use an upgrade or update for the software. Upon transferring this previous or more inferior version of the software to third parties the right to use the upgrade or update of the software shall expire.
The acquisition of an upgrade or update does not in itself confer any right to use the software.
The right of support for the previous or inferior version of the software expires upon the installation of an upgrade or update.
8. Limited Warranty
Arturia warrants that the disks on which the software is furnished is free from defects in materials and workmanship under normal use for a period of thirty (30) days from the date of purchase. Your receipt shall be evidence of the date of purchase. Any implied warranties on the software are limited to thirty (30) days from the date of purchase. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. All programs and accompanying materials are provided “as is”
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