Orchestral Tools - License Agreement

License Agreement

End User Licence Agreement between OT Distribution GmbH & Co. KG, Am Untergruen 6, 79232 March, Germany (hereinafter referred to as “Licensor”) and the licensee (hereinafter referred to as “Licensee”).

1. Object of the Agreement

The object of the Agreement is the permanent transfer of the virtual sound library “Orchestral Tools” including licence keys and documentation (hereinafter collectively referred to as “software”).

2. Downloading of software

(1) The Licensor shall make the software available to the Licensee for a one-time download. Once the Licensee has downloaded the software in full, he/she shall not be entitled to download the software again. The Licensee shall be entitled to make back-up copies.

(2) The software shall be installed by the Licensee.

3. Scope of usage rights

(2) The Licensee shall not be entitled to exploit the software (or parts of the software) for commercial gain without the prior consent of the Licensor; this shall apply in particular to selling, renting or leasing the software to third parties. This does not apply to the work product created with the licensed use of the software.

(3) It shall also be expressly prohibited for the Licensee to edit or decompile the software or to modify it in any other way. Furthermore, the Licensee shall not be entitled to remove or circumvent protection mechanisms in the software that are designed to prevent unauthorised usage unless this is necessary in order to use the software without problems. Similarly, it shall not be permitted to remove or change copyright notices, serial numbers or any other software identification features.

4. Reservation of use in relation to text and data mining and artificial intelligence training

The use of reproductions of works and services which are protected by copyright or related rights for text and data mining and artificial intelligence training is hereby reserved and is not permitted without our consent. This applies in particular for the use of our virtual Instruments and parts thereof.

5. Liability for defects

(1) Statutory regulations regarding liability for defects shall apply.

(2) The Licensor shall make available the functional description of the software at www.orchestraltools.com at all times and without any accessibility restrictions.

(3) The limitation period shall be one (1) year in the case of agreements with companies (section 14 of the German Civil Code (BGB)). Statutory limitation periods shall also apply.

(4) The Licensee shall not be entitled to technical updates or support from the Licensor that extend beyond statutory warranty claims.

6. Liability

(1) The Licensor and its vicarious agents shall not be liable for ordinary negligence. This limitation shall not apply for damages incurred by the Licensee relating to death, personal injury, and/or harm to health or to breaches of material contractual obligations, i.e. obligations that are necessary for the attainment of the contractual purpose and with which the Licensee may justifiably rely on the Licensor to comply.

(2) In each case, liability shall be limited to foreseeable damages typical to the type of agreement.

7. Closing provisions

(1) In the event that individual provisions of this Agreement should be or should become invalid, either in full or in part, the validity of the other provisions shall remain unaffected.

(2) In contractual relationships with companies, the laws of the Federal Republic of Germany shall apply with the exclusion of the provisions of the UN Convention on the International Sale of Goods. The place of jurisdiction shall be Berlin.

Last revised: 20. November 2023