ABLETON END USER LICENSE AGREEMENT
NOTICE TO ALL USERS: LEGAL AGREEMENT PLEASE CAREFULLY READ THE FOLLOWING
THE COPYRIGHT AND ANY OTHER INTELLECTUAL PROPERTY RIGHTS CONTAINED WITHIN THE SOFTWARE, (INCLUDING DATA AND CONTENT) THAT CONSTITUTE THIS SOFTWARE PRODUCT ARE AND REMAIN THE PROPERTY OF ABLETON AG (“ABLETON”). YOU - THE LICENSEE - ARE LICENSED TO USE THE SOFTWARE ONLY IF YOU ACCEPT ALL THE TERMS AND CONDITIONS SET OUT BELOW. LICENSE ACCEPTANCE PROCEDURE: BY EITHER CLICKING THE ACCEPTANCE BUTTON THAT FOLLOWS THIS LICENSE AND/OR INSTALLING AND/OR USING THE SOFTWARE, YOU INDICATE ACCEPTANCE OF THE LICENSE AND THE LIMITED WARRANTY AND LIMITATION OF LIABILITY SET OUT IN THE LICENSE. IF YOU ARE ACCEPTING THE LICENSE ON BEHALF OF A CORPORATE LICENSEE, YOU ARE SIGNIFYING THAT YOU ARE AUTHORIZED TO DO SO. IF YOU ARE NOT SO AUTHORIZED NOR DEEMED IN LAW TO HAVE SUCH AUTHORITY, YOU ASSUME SOLE PERSONAL LIABILITY FOR THE OBLIGATIONS SET OUT IN THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES THAT YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT AND DO NEITHER INSTALL NOR USE THE SOFTWARE. YOU SHOULD ALSO DESTROY ANY UNLICENSED COPIES THAT MIGHT BE IN YOUR POSSESSION. PLEASE NOTE: The Software may be used to reproduce materials and prepare derivative works from them. It is licensed to you only for reproduction and preparation of derivative works of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or permitted by law to reproduce and prepare derivative works from.
1. Definitions: The term "Live" means Ableton Live and all presets, sound samples, musical examples, video files, included software instruments and effects, data and other contents or demo versions of other Ableton products supplied by Ableton with the software. The term “Live” also includes Ableton Suite, Ableton Live Intro, any updates, upgrades, LE versions, OEM version or modified versions of Live licensed to the Licensee by Ableton. The term “Extension” means any add-on to Live with a serial number supplied separately by Ableton to the Licensee, and all updates and upgrades to the add-on. The term “Software” means Live and all Extensions. The term “Ableton Suite” means the combination of Ableton Live and other products defined as Live that are licensed as a bundle to Licensee. 2. Ownership rights: The Software and related documentation are copyrighted works of authorship, and are also protected under applicable database laws.
a corporate Licensee's majority-owned subsidiaries. modify or transfer the Software. decompile. filter. 4. He or she must present Ableton with this record at any time if there is any suspicion of misuse. 3. You may not use. You may however use the presets. reverse engineer. copy. diskettes or tape of any kind on which the licensed Software is stored. except as expressly provided for in this license. an Ableton copyright notice must be attached. You may not translate. and the Licensee does not acquire any rights to the Software except as expressly set forth in this Agreement. which includes a corporate licensee. sound samples or musical examples that come with the Software in your musical compositions. regardless of the form in which the copies may exist. sound samples and musical examples connected to the Software for use in any kind of commercial sampling product/package or software without the express written consent of Ableton. The Licensee is obliged to keep a record of all the copies he or she produces and of their locations. leased and/or controlled by the Licensee or a member of the Licensee’s corporate group. modify or create derivative works based on the Software except as expressly permitted by this Agreement. All Live products included within the respective edition of Ableton Suite are part of the same License granted by Ableton and can only be used as a single entity on one computer at a time. You may not reformat. sound samples and musical examples will be significantly altered through unique processing. License restrictions: If you transfer possession of any copy of the Software to another party except as described above. or any copy in whole or in part. License grant: Provided that the Licensee has paid the applicable license fee. re-synthesize or otherwise alter the presets. mix. any parent company having a majority-owned interest in such corporate licensee. this license is automatically terminated. disassemble. Under this License the Software may only be used on one computer at a time. which should include an indication of all of Ableton’s rights under the foregoing paragraphs in a machine-readable form (if machine-readable copies are being prepared) and/or in plain language.Ableton and its suppliers retain ownership of the Software and all subsequent copies of the Software. provided that either additional material is added or the respective presets. This network must be owned. Ableton does not transfer any rights to the intellectual property in the Software. Ableton grants the Licensee a limited. and such parent's majority-owned subsidiaries. printed on or firmly attached to all disks. Whenever a copy is made. non-exclusive license to use and copy the Software for use on his or her computer system or file server for local use within the Licensee’s network. The Licensee may transfer the Software from one computer to another over his or her network but may not copy it to additional sites outside the network or make additional copies for use on other networks or sites. The Licensee may make backup copies of the Software. An indication of the ownership and all other rights of Ableton as defined in the foregoing paragraphs is to be attached clearly and visibly. You may neither use the Demo Songs in
provided that you uninstall Live and/or any Extension from your computer. You may. The right to use the Live products included within the Ableton Suite may not be sold or transferred separately. lease or sublicense the Software on a temporary or permanent basis.
. The registration and activation can be done online or offline. updating or upgrading and when technical support is provided Ableton may collect and use technical and personal information. Upgrades and Updates: In order to upgrade or update Software. the restriction on transfer as described in Sect. 7. mix. Both you and the person you wish to transfer the License to must contact Ableton to complete the transfer of the License. transfer all rights to use Live and/or any Extension as a whole to another person or entity. Activation of Software: It is necessary that you register the Software in order to receive an unlock key that enables you to use the Software. The offline registration and unlock process require that you download and transfer the unlock key to the computer on which you have installed the Software. for improvement of its Software. If the previous or inferior version of Software is or was labelled as NFR. The License to try out Software with an unrestricted feature set for a limited trial period of thirty days (Free 30-day License) is limited to a one time-use per user and per hardware device. different account or from a different hardware device. however. observing the Regulations on data protection. a valid license to use the previous or inferior version of Software is required. The License to use Ableton Suite may only be sold or transferred as a whole. No transfer: You may not rent. User may not re-register under a different name. re-synthesize or otherwise alter the Demo Songs. 5 above will also apply to the upgraded version. For further information go to Ableton’s website. do not retain any backup copy of Live and/or any Extension and transfer this Agreement with Live and/or any Extension. 5.your musical composition nor may you reformat. The license and right to use the upgraded or updated version of Software will immediately expire. for support purposes and for the verification of the upgrade and update right. For further information go to Ableton’s website. The rights in the versions of Ableton Live Lite and in other OEM versions may not be sold or transferred. The rights in the Software that is or was labelled as NFR (“Not for Resale”) may not be sold or transferred. filter. Different users may not register using the same hardware device. if the license of the previous or inferior version of Software is transferred to another person or entity. During the process of registration and unlocking. 6.
resale. Ableton will also indemnify the Licensee for personal injury or death solely and directly caused by any defect in its products or the negligence of its employees. Free 30-day License: The purpose of the Free 30-day License is. even if the very greatest care is taken. is excluded. teachers. 11. The unrestricted functionality of the Software cannot be guaranteed and neither can its unrestricted functionality. 5 will then apply to all products included in Suite. transfer. The restriction on transfer as set forth in Sect. Educational Versions may only be transferred to a transferee meeting the requirements for licensing such version of Software. Some jurisdictions do not allow the exclusion of implied warranties. to facilitate the decision-making process with regards to acquiring a commercial version. Educational Versions: Versions labelled "Educational Version" may only be used in an educational context by schools. Any other use.In case of an Upgrade or Update from a previous or inferior version of a Ableton Live product to Ableton Suite. SPECIAL. Limited warranty: You are aware that functional defects in the Software cannot be totally ruled out. or certain kinds of limitations or exclusions of liability. which vary from country to country. Ableton may under such circumstances choose to replace the Licensee’s copy of the Software with a new one. Ableton is not accountable for modification or utilisation of these samples by the Software. the
. IN NO EVENT WILL ABLETON BE LIABLE TO THE LICENSEE FOR ANY DAMAGES. so the above limitations and exclusions may not apply to the Licensee. instructors and students. Licensee’s statutory rights: This license gives the Licensee specific legal rights. public use. 8. The warranty period is twelve months from delivery unless compulsory provisions of applicable law determine otherwise. 9. INCLUDING ANY LOST PROFITS.but not limited to . In such a case. Other jurisdictions allow limitations and exclusions subject to certain conditions. Ableton cannot be held responsible for the content and the origin of the data and samples that are obtained by the Licensee from a third party. minor interruptions or errors excluded. unless specifically mentioned. Ableton warrants that the Software will substantially conform to the specification set out in accompanying documentation. LOSS OF DATA OR ANY INDIRECT. and the Licensee may also have other rights. EXCLUSION OF LIABILITY: EXCEPT IN RESPECT OF PERSONAL INJURY OR DEATH CAUSED DIRECTLY BY THE NEGLIGENCE OF ABLETON. This condition extends beyond the trial period. LOST SAVINGS. the license to use the previous or inferior version of the respective Live product will immediately expire and be replaced by the License to use Ableton Suite. regardless of whether Software is running with a restricted feature set or not. 12. 10. INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE SUCH SOFTWARE. in particular . despite the present state of technical knowledge. Ableton will only remedy deviations from the specifications if the deviation substantially affects the Licensee’s use of the Software. EVEN IF ABLETON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
and all other related communication between the parties. whether oral or written.above limitations and exclusions shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. such part shall be deemed to be deleted from this Agreement and the remainder of the limitation or exclusion shall continue in full force and effect. If any part of the above limitations or exclusions is held to be void or unenforceable. Term: The Licensee may terminate this License Agreement at any time by destroying the Software together with all copies in any form. software or other copyrighted material. except for those laws referring to conflict of law rules. which is found to be invalid or unenforceable shall be deemed deleted and the rest of this agreement remains unaffected. Ableton can also. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this License. however. a purchaser for private as opposed to business. representations. Place of jurisdiction shall be Berlin. All rights not explicitly granted in this agreement are reserved. Any clause in this agreement. open proceedings at the registered address of the Licensee. licensing terms and disclaimers for such material are contained in the folder “Legal” that comes with Software.. Third Party Content and Software: Software may utilize or include third party content. General: Each party hereby irrevocably agrees that this contract shall exclusively be subject to the laws of Germany. 14. This License Agreement will also terminate upon conditions set forth elsewhere in this Agreement or if the Licensee fails to comply with any term or condition of this Agreement. 15. understandings and prior agreements. Acknowledgements. The Licensee agrees upon such termination to destroy the Software together with all copies in any form.e. Your use of such third party material is governed by the respective terms. academic or government use) are not affected. This agreement constitutes the complete and exclusive statement of the agreement between Ableton and Licensee with respect to the subject matter hereof and supersedes all proposals. Any rights which the Licensee may have as a consumer (i.
. 13. at its free discretion.