END USER LICENSE AGREEMENT
Last updated: January 01, 2025
TABLE OF CONTENTS
1. THE APPLICATION
artiQverse ("Licensed Application") is a piece of software created to provide a comfortable and appealing user experience in preparing articulation maps to be used with a wide range of DAWs. It is developed by SymphoniQ - Hans-Peter Gasselseder ("Licensor"), an Austrian company (Einzelunternehmer) based in Linz, Austria. Henceforth, SymphoniQ - Hans-Peter Gasselseder will be referred to as SymphoniQ.
The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENSE
2.1 You are granted a limited, non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on up to two (2) personal computers that You (End-User) own or control. You may maintain one copy of the Licensed Application for backup and recovery purposes only.
2.2 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update.
2.3 You may not share or make the Licensed Application available to third parties, sell, rent, lend, lease or otherwise redistribute the Licensed Application.
3. REGISTRATION AND ACTIVATION
3.1 To use the Licensed Application, you must:
- - Register to obtain a license key
- - Provide an email address, which will be stored in the registration database along with system information
- - Follow the deactivation process detailed in the manual when transferring the software to a different computer or making significant system changes
3.2 In case you want to use the Licensed Application on a different personal computer or in case of certain changes on your present personal computer, a deactivation is necessary. The necessary steps for the deactivation are explained in the manual.
4. TECHNICAL REQUIREMENTS
4.1 You must maintain current antivirus software and a modern firewall on all systems where the Licensed Application is installed.
4.2 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
4.3 You acknowledge that it is Your responsibility to confirm and determine that the device on which You intend to use the Licensed Application satisfies the technical specifications.
4.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
5. MAINTENANCE AND SUPPORT
5.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the Contact Information section of this Licensed Application.
5.2 SymphoniQ and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
5.3 Updates to the Licensed Application may be made available by SymphoniQ from time to time in its sole discretion. Nothing in this Agreement constitutes an express or implied obligation for SymphoniQ to provide Updates, or if SymphoniQ elects to provide Updates, to provide such Updates at no charge.
6. LICENSE TYPES AND SCOPE
6.1 Standard License
Subject to the terms and conditions of this Agreement and solely for End-User's internal use with End-User's ordinary business operations and in accordance with the applicable Documentation, SymphoniQ grants to End-User:
- - A limited, nonexclusive, and non-sublicensable license to install and use the Licensed Application on two personal computers at a time
- - A limited right to maintain one copy of the Licensed Application for backup and recovery purposes only
End-User may authorize and enable its employees to use the Licensed Application on End-User's behalf and for End-User's internal business purposes in compliance with this Agreement, provided End-User remains responsible for all such users' actions. Any breach by any such user constitutes a breach by End-User.
6.2 Not For Resale (NFR) License
Any Licensed Application labeled or otherwise provided to the End-User as "Not For Resale" or "NFR":
- - May only be used for demonstration, testing, and evaluation purposes
- - May neither be resold nor transferred
- - Does not qualify to receive Updates
6.3 Limited Rights
End-User's rights in the Licensed Application are limited to those expressly granted in this Agreement. SymphoniQ reserves all rights and licenses in and to the Licensed Application not expressly granted to End-User under this Agreement.
7. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy, which can be accessed by navigating to our website.
You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. The licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.
8. USER-GENERATED CONTRIBUTIONS
The Licensed Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, 'Contributions'). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
9. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Licensed Application or making Contributions accessible to the Licensed Application by linking your account from the Licensed Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing.
10. LIABILITY
10.1 Except for claims resulting from intentionally wrongful acts or gross negligence, Licensor shall not be liable for:
- - Any lost profits, lost business opportunities, lost data, or special, incidental, consequential or punitive damages
- - An amount that exceeds the total fees payable for the Licensed Application
10.2 Licensor takes no accountability for damages caused due to breach of duties. You are required to make use of backup functions of the Licensed Application to avoid data loss.
10.3 These limitations will apply notwithstanding any failure of essential purpose of any remedy.
11. WARRANTY
11.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download.
11.2 No warranty is provided for the Licensed Application that:
- - Is not executable on the device
- - Has been unauthorizedly modified
- - Has been handled inappropriately
- - Has been combined with inappropriate hardware or software
- - Is used with inappropriate accessories
11.3 You must notify Licensor of any warranty deficiencies within fourteen (14) days after discovery.
11.4 If we confirm that the Licensed Application is defective, SymphoniQ reserves a choice to remedy the situation either by means of solving the defect or refund the license.
12. PRODUCT CLAIMS
SymphoniQ and the End-User acknowledge that SymphoniQ, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User's possession and/or use of that Licensed Application, including, but not limited to:
- (i) product liability claims;
- (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
- (iii) claims arising under consumer protection, privacy, or similar legislation.
13. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a 'terrorist supporting' country; and that You are not listed on any US Government list of prohibited or restricted parties.
14. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
Hans-Peter Gasselseder
Lessingstraße 6, 4020 Linz, Austria
Linz, Upper Austria 4020
Austria
info@symphoniq.net
15. TERMINATION
The licence is valid until terminated by SymphoniQ or by You. Your rights under this licence will terminate automatically and without notice from SymphoniQ if You fail to adhere to any term(s) of this licence. Upon Licence termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
16. THIRD-PARTY TERMS AND OPEN SOURCE
16.1 The Licensed Application may contain or operate with software that is:
- - Licensed from third parties ("In-Licensed Materials")
- - Available under open source or free software licenses
16.2 Additional terms may apply as detailed in README.txt, Acknowledgements files or the like.
16.3 To the extent SymphoniQ uses open source software in the Licensed Application, the terms and restrictions in this Agreement shall not prevent or restrict End-User from exercising additional or different rights to such open source software in accordance with the applicable open source licenses.
16.4 The In-Licensed Materials may be subject to additional terms and conditions as made available to You in a README.txt, Acknowledgements file or the like.
17. INTELLECTUAL PROPERTY RIGHTS
SymphoniQ and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, SymphoniQ, and not the Services, will be solely responsible for the investigation, defence, settlement, and discharge or any such intellectual property infringement claims.
18. APPLICABLE LAW
This License Agreement is governed by the laws of Austria excluding its conflicts of law rules.
19. MISCELLANEOUS
19.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
19.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
19.3 The Company takes no accountability and responsibility in case of:
- a) Any copyright infringement, intellectual property violations, or unauthorized use of content uploaded, shared, transmitted, or otherwise made available through the Service by users;
- b) Any claims, damages, losses, liabilities, costs, or expenses arising from or related to user-uploaded content that violates any third-party rights;
The Company implements technical measures designed to identify and prevent the uploading of potentially copyrighted or usage-restricted content. However, users acknowledge that:
- c) These measures are automated and may not detect all instances of infringing content;
- d) The presence or absence of detection by these measures does not constitute a legal determination of rights or permissions;
- e) Users remain solely responsible for ensuring they have the necessary rights to upload content, regardless of whether the content passes automated screening.
19.4 File Format Compatibility and Interoperability:
- a) The Service implements compatibility with various file formats to enable interoperability. Users acknowledge that:
- i) Third-party file formats may be subject to intellectual property rights, patents, or other protections owned by their respective creators or rights holders;
- ii) The ability to read, write, or process certain file formats through the Service does not imply endorsement by or affiliation with the original format creators;
- iii) Compatibility features are provided "as-is" without any warranties regarding continued functionality or compliance with future format changes;
- b) Users remain solely responsible for ensuring their use of file format compatibility features complies with any applicable third-party licenses, terms of service, or other restrictions that may apply to their specific use case;
- c) The Company reserves the right to modify, limit, or remove compatibility features at any time, particularly in response to legal claims or technical requirements.