Software EULA

Minimal Audio Support January 08, 2025 18:17

Minimal Audio Licensing Agreement

By installing this Minimal Audio product, using our app and our licensed content (collectively, the “Product”), you accept the following License Agreement.

1. License

Subject to the terms and conditions of this License Agreement, the Licensor hereby grants to Licensee a non-exclusive, revocable, and non-sublicensable license to use the Minimal Audio Product for the Permitted Use. The license for this Minimal Audio product is granted to a single user. You may use this Product on up to two (2) separate computers, provided that they are exclusively owned and used by you. If more than one user will be using the Product at any one time, you must obtain from Minimal Audio additional license(s) for each additional user. (collectively, “Permitted Use”) All sounds, samples, presets, and wavetables in this Product are licensed to you for commercial and non-commercial use in music, game audio, film audio, live performance, broadcast, or similar finished content-creation and production use, in accordance with the terms of this License Agreement.

The Licensee understands and agrees that the Minimal Audio Product may contain or include software that is licensed to Licensor from one or more third parties (“Third Party Software”) including, without limitation, Open Source Components. The Licensee understands and agrees that, in addition to the terms and conditions in this License Agreement, the Licensee’s use of such Minimal Audio Product shall be governed by, and subject to, the terms and conditions of the applicable third party licenses for such Third Party Software (“Third Party Licenses”). It is Licensee’s responsibility to ensure its compliance with the Third Party Licenses.

This license expressly forbids any inclusion of content contained within this software or library, or any other Minimal Audio Product, into any virtual instrument or library of any kind, without our express written consent. This license forbids any re-distribution of the Product, or its sounds, samples, presets, and wavetables, through any means, including but not limited to re-sampling, mixing, processing, or embedding into software or hardware of any kind. You may not use the Product to create a competitive product. You acknowledge that ownership of the Product rests solely with Minimal Audio.

Except as expressly permitted by this Agreement or any Third Party Licenses, or the extent the following restrictions are prohibited per applicable laws, Licensee shall not, and shall not permit others to (i)copy, modify, correct, adapt, translate, enhance, or otherwise prepare derivative works or improvements of the Minimal Audio Product; (ii) rent, lease, lend, sell, sublicense, assign or transfer the Minimal Audio Product, in whole or in part, to any third party; or (iii) reverse engineer, disassemble, decompile, decode, or adapt the Minimal Audio Product, in whole or in part. Licensee understands and agrees that nothing in this License Agreement grants to Licensee any right, title, or interest in and to the Minimal Audio Product, the rights in which are expressly reserved by Licensor.

2. Rights

The Product and its accompanying documentation are protected by copyright law and international copyright treaties. Minimal Audio retains full copyright privileges and complete ownership of all sound recordings, software, presets, documentation, and musical performances included in this Product. Minimal Audio reserves any rights not explicitly granted herein. The Minimal Audio Product is the confidential information of Licensor. Licensor reserves and retains its entire right, title, and interest in and to all intellectual property rights arising out of or relating to the Minimal Audio Product. Licensee shall not acquire any ownership of intellectual property rights in or to any of the foregoing as a result of this License Agreement or otherwise.

Any unauthorized use, distribution, or reproduction of the Product shall not be permitted, shall constitute a violation of law, and shall entitle Minimal Audio to, in addition to any other remedy at law or equity, injunctive relief. It is unlawful to deliberately circumvent, alter or delete technological measures of protection and information provided by Minimal Audio, which identifies the Products, its owner, and the terms and conditions for its use. You further agree to take all reasonable steps to protect this Product from unauthorized copying or use.

Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THE LICENSE AGREEMENT, LICENSOR HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, ORAL OR OTHERWISE, INCLUDING ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTY THAT LICENSEE WILL ACHIEVE ANY PARTICULAR RETURN ON INVESTMENT WITH RESPECT TO THE LICENSE AGREEMENT OR ANY SUBJECT MATTER HEREOF. LICENSEE IS SOLELY RESPONSIBLE FOR ANY RESULTS OBTAINED FROM USING THE MINIMAL AUDIO PRODUCT. THE LICENSOR DOES NOT WARRANT THAT THE OPERATION OR OTHER USE OF THE MINIMAL AUDIO PRODUCT OR THE BUSINESS WILL BE UNINTERRUPTED OR ERROR FREE OR WILL NOT CAUSE DAMAGE OR DISRUPTION TO LICENSEE’S DATA, BUSINESS, COMPUTERS OR NETWORKS. WITHOUT LIMITING THE FOREGOING, THE LICENSOR WILL HAVE NO LIABILITY ARISING FROM ANY SECURITY INCIDENT OR DATA LOSS OF LICENSEE.

3. License Transfers

The Licensee is granted the right to transfer their Product license one time under the following conditions: (a) Licensee has owned the product for 6 months or more. (b) The license is “perpetual” and was acquired through a one-time purchase. License transfers are expressly forbidden for trial licenses, licenses dependent on subscription status, “not for resale” licenses, and licenses that were obtained for free through a partner outlet as part of a promotion (c) The product license was not acquired through a license transfer.

4. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, SHALL MINIMAL AUDIO BE LIABLE FOR ANY AMOUNTS EXCEEDING THE AMOUNTS RECEIVED FROM YOU FOR YOUR LICENSE OF THE SOFTWARE, REGARDLESS OF THE FORM OF ACTION, AND WHETHER ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE (INCLUDING, WITHOUT LIMITATION, DAMAGES OR COSTS FOR LOSS OF PROFITS, BUSINESS, GOODWILL, DATA OR OTHER ASSETS, OR COMPUTER PROGRAMS), EVEN IF MINIMAL AUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5. Bundle and Upgrade Purchases

All bundle and upgrade purchases and prices apply only at the time of purchase for that Product. Customers who purchased a bundle are not eligible for additional discounts, or free products or future product releases unless noted explicitly by Minimal Audio.

6. Termination

This license agreement is effective from when the Product is installed by any means and will remain in full effect until termination. The license is immediately terminated, without notice or opportunity to cure, if you breach any of the terms or conditions of this Agreement. Upon termination, you agree to destroy all copies and contents of the Product. In the event of termination, the following sections of this license will survive 2, 3, 4, and 5.

7. General Terms

(a) This license shall be governed by Minnesota law applicable to contracts fully negotiated, executed, and performed therein. Only the Minnesota courts (state and federal) shall have jurisdiction over controversies regarding this license; any proceeding involving such a controversy shall be brought in those courts, in Hennepin County, and not elsewhere. In the event of any claim arising from the breach or alleged breach of the terms of this license, the prevailing party shall be entitled to reasonable attorneys' fees and court costs. (b) You agree that this license contains the complete Agreement between the parties hereto and supersedes all other communication relating to the license's subject matter. (c) You acknowledge that you have read this license, understand it, and agree to be bound by its terms and conditions.

8. Third-Party Libraries Copyright Notice

The Product incorporates certain third-party libraries, each of which is subject to its own copyright and licensing terms, as detailed in the following copyright notices.

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The Product includes the xsimd library, which is licensed under the BSD 3-Clause License. Below are the terms and conditions of this license:

Redistribution and use in source and binary forms, with or without

modification, are permitted provided that the following conditions are met:

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of the copyright holder nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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The Product incorporates the PFFFT library, which is licensed under the terms specified below:

As confirmed by the NCAR fftpack software curators, the following FFTPACKv5 license applies to FFTPACKv4 sources. My changes are released under the same terms.

FFTPACK license:

http://www.cisl.ucar.edu/css/software/fftpack5/ftpk.html Copyright (c) 2004 the University Corporation for Atmospheric Research ("UCAR"). All rights reserved. Developed by NCAR's Computational and Information Systems Laboratory, UCAR, www.cisl.ucar.edu.

Redistribution and use of the Software in source and binary forms, with or without modification, is permitted provided that the following conditions are met:

Neither the names of NCAR's Computational and Information Systems Laboratory, the University Corporation for Atmospheric Research, nor the names of its sponsors or contributors may be used to endorse or promote products derived from this Software without specific prior written permission.
Redistributions of source code must retain the above copyright notices, this list of conditions, and the disclaimer below.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions, and the disclaimer below in the documentation and/or other materials provided with the distribution.

THIS SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE CONTRIBUTORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS WITH THE SOFTWARE.

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The Product incorporates the ICST DSP Library version 1.2, which is licensed under the 2-clause BSD license. Below are the terms and conditions of this license:

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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