Intermorphic Tiklpak EULA (for Tiklpak Collections 1-3)
last changed 2nd Feb 2010 2009
INTERMORPHIC TIKLPAK END USER LICENCE AGREEMENT
This Agreement is a legal document which sets out your rights and obligations, and those of Intermorphic Limited ("Intermorphic") in relation to the Intermorphic Tiklpak(s) of sound samples, MIDI and other content owned by Intermorphic and/or third party licensors ("Tiklpak") licensed to run on the Mixtikl software application ("Mixtikl") owned by Intermorphic. You must take the time to read and understand this Agreement; by installing or using the Tiklpak you are agreeing to be bound by these terms.
From time to time and without notice to you Intermorphic may change and update this End User Licence Agreement and all documents incorporated by reference. Continued use of the Tiklpak after any such changes shall constitute your consent to such changes. A link to the most recent version of this End User Licence Agreement can always be found at http://intermorphic.com/company/eula.html.
- If you have purchased a valid licence for the Tiklpak Intermorphic grants you a non-transferable, non-exclusive right to use the Tiklpak only on Mixtikl on one personal computer owned by you and on either a portable computer or a personal computer located at your home that is owned and used by you, provided the Tiklpak is not used at the same time on both computers, and on one mobile device that is owned by you the end user or under your control. You may not under any circumstances distribute the Tiklpak or any of its constituent parts to any other person, nor use, copy or exploit the Tiklpak through any medium.
- You may mix together content from the Tiklpak, and combine content from the Tiklpak with other content over which you have the requisite rights, in order to create your own mix files, t1kls ("Tikls") and mix recordings ("New Content"). You are free to distribute the New Content provided (i) the New Content constitutes an original work (ii) you have the necessary distribution rights in any third party content and (iii) individual sound samples are not used in isolation. However, you may not use content from the Tiklpak to create music libraries for distribution to third parties.
- Not for Resale copies ("NFR Copy"): Tiklpaks labelled or otherwise provided by Intermorphic to you on a promotional basis may only be used for testing, demonstration and evaluation purposes and may not be used for any commercial or business purposes.
- Academic Copies: Tiklpaks purchased at Educational pricing ("Educational Software") may not be used for commercial or business purposes and may only be used by an eligible Educational End User by which is meant students, faculty, staff and administration attending and/or working at an educational institutional facility.
- If there is any conflict between the terms stated herein and the terms of your Mixtikl End User Licence Agreement regarding the use of Tiklpak content, the terms of this licence shall take precedence.
- You must retain all copyright and other proprietary notices on the Tiklpak. Intermorphic and/or its licensors own all copyright and other rights in the Tiklpak, and each copy of it.
- While Intermorphic endeavours to create compelling software products, please note that the Tiklpak is provided "as is", without warranties as to how it will perform, whether it will suit your requirements, or any other warranties or terms, including any as to its satisfactory quality or fitness for a particular purpose. All such warranties and terms are excluded to the fullest extent permitted by law. Intermorphic does not warrant that the operation of the Tiklpak will be uninterrupted or error free.
- Neither Intermorphic nor its licensors shall have any liability to you for any loss or damage arising directly or indirectly in connection with the Tiklpak, except to the extent that such liability cannot be lawfully excluded. In any case, neither Intermorphic nor its licensors shall be liable for any loss of business, data, profits, savings, or any other special, incidental, consequential, indirect or economic loss whatsoever.
- Nothing in this Agreement affects the statutory rights of a person dealing with Intermorphic as a consumer.
Should you have any questions concerning this Agreement you may contact legal@intermorphic.com.
Copyright © 2008-2010 Intermorphic Ltd. All Rights Reserved. Intermorphic, Intermorphic Tikl, Intermorphic T1kl, Noatikl, Liptikl, Mixtikl, Partikl, Tiklpak and the Intermorphic, Intermorphic Tikl, Intermorphic T1kl, Noatikl, Liptikl, Mixtikl, Partikl and Tiklpak logos are either registered trademarks or trademarks of Intermorphic Ltd. in the UK and/or other countries.
Some or all audio samples © Zero-G Ltd, http://www.zero-g.co.uk.
