The following information represents the contractual conditions for the use by you, the final user (hereinafter, sometimes referred to as the "Licensee") of the Art Vista Licensed Material.
By installing the Licensed Material on your computer, or by registration, or by downloading the Licensed Material, you are declaring yourself to be in agreement with the contractual conditions, so please read the following text carefully. If you are not in agreement with these conditions, you must not install or download the Licensed Material.
1. Object of the Contract. The object of the contract consists of the original programming utilized in the product, and photographs, graphics, and other images and editorial material, (including, but not limited to, the relevant usage instructions). These are described hereinafter as "Licensed Material," whether consisting of software programming, custom scripting, visual artwork, or editorial material, or any other material subject to copyright or patent protection.
2. Scope of Use. The Licensed Material is licensed, not sold. Subject to the Licensee’s continuous compliance with this Agreement, Art Vista Productions grants the Licensee, for the duration of this contract, the nonexclusive, nontransferable license to use the Licensed Material for music production. Licensee may be required to activate or reactivate the Licensed Material or validate Licensee’s membership. Licensee may use the Licensed Material to create musical compositions and recordings on a commercial and non-commercial basis without paying an additional license fee or providing source attribution to Art Vista Productions. Notwithstanding the above grant of rights, this license expressly forbids: resale, lease or lending or other re-distribution of the Licensed Material, or any protected elements thereof, either as it exists currently or within any modifications thereof; any re-distribution method of the Licensed Material, or any part thereof, through any means, including but not limited to, embedding into software or hardware of any kind, as part of any kind of musical instrument, synthesizer, virtual instrument, sample library, or sample base playback system or device; or any decompiling of the Licensed Material, and you agree not to reverse engineer or have reverse engineered the Licensed Material or any parts thereof, except that Licensee may embed the included Kontakt KSP scripts in Licensee's commercial products. You may not place the Licensed Material in a computer/sampler network to be accessed by multiple users unless you have acquired a license for each separate computer having access to the Licensed Material. This license permits only your personal use of the Licensed Material; you may install a second copy on a second computer for your exclusive use, provided that the second copy is not used at the same time as the Licensed Material is used on the primary computer. Licensee must take all reasonable steps necessary to protect the Licensed Material from distribution to third parties in violation of copyright laws, patent and other laws protecting intellectual property.
3. Art Vista Productions’ Rights over the Licensed Material. Art Vista retains all rights, title, and interest in the Licensed Material. The Licensed Material is protected by copyright laws and international copyright treaties, U.S. patent laws, as well as other intellectual property laws and treaties. The original software programming, photographs, graphics, and other images and editorial material comprising the Licensed Material and the copyright and all other intellectual property rights thereto remain the property of Hans Adamson and Art Vista Productions. We put a lot of time and effort in our products and strive to keep the prices low. In order to continue making products and servicing you, we must be able to get a fair return on our efforts and must therefore enforce our copyright, patent and other rights against any form of piracy or other violation of our rights.
4. Return Policy. Please understand that all download sales are final and no refunds will be issued once a download transaction has begun.
5. Limited Warranty/Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ART VISTA PRODUCTIONS DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF SATISFACTORY QUALITY, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE LICENSED MATERIAL. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ART VISTA PRODUCTIONS, ITS SUPPLIERS, DEALERS, DISTRIBUTORS, NOR THE AGENTS OR EMPLOYEES OF THE FOREGOING WILL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES OF ANY SORT, (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF DATA ARISING OUT OF THE USE OF THE LICENSED MATERIAL) WHETHER OR NOT SAME HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, OR OF ANY CLAIM BY ANY OTHER PARTY.
6. General Terms.
(a) All rights not expressly granted to Licensee hereunder are reserved by Art Vista Productions.
(b) This license is effective for the period that you are permitted to use the Licensed Material, and is specified in the applicable license documentation (e.g. purchase receipt, sales order, or other purchase confirmation), Failure to comply with any provisions of this license will result in automatic termination of this license and may result in legal action. Upon termination, Licensee agrees to destroy all copies of the Licensed Material in Licensee’s possession. In the event of termination, the following sections of this license will survive: 3, 5, and 6.
(c) This license shall be governed by California law applicable to contracts fully negotiated, executed and performed therein. Only the California 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 Los Angeles County, and not elsewhere.
(d) You agree that this license contains the complete agreement between the parties hereto, and supersedes all other communication, relating to the subject matter of the license. Art Vista may modify this Agreement at any time, for example, to reflect changes to the law or changes to our Licensed Material. We will post notice of modifications to this Agreement. By continuing to use the Licensed Material after the revisions are in effect, you agree to be bound by the revised terms of the updated Agreement.
(e) You acknowledge that you have read this license and understand it and agree to be bound by its terms and conditions.
2024 Hans Adamson. All rights reserved. Art Vista is a trademark of Art Vista Productions.