Who own the melodies I create with MelodySauce?
The license allows you to use any melody you create with Melody Sauce in your own tracks, as long as you’ve purchased a copy of Melody Sauce. The only exclusion is you cannot distribute the melodies on their own (i.e. not as part of a song) in sound/sample/MIDI packs or libraries. Please see details of our plugin license below.
End-User License Agreement
This End-User License Agreement (the “Agreement") is a legal agreement between you (the "Licensee") and Evabeat Ltd (the “Vendor”). The Agreement grants you a personal, non-transferable and non-exclusive license (the "License") to use MelodySauce (the “Software”) on your devices in accordance with the terms of this Agreement.
This Agreement governs your acquisition and use of the Software directly from the Vendor or indirectly through an authorised reseller or distributor (a “Reseller"). Please read this Agreement carefully before completing the installation process and using the Software. It provides a license to use the Software and contains warranty information and liability disclaimers.
If you do not agree to all the terms and conditions of this Agreement, you should not, and are not permitted to use the Software. If you breach any terms and conditions of this Agreement, your authorisation to use the Software automatically terminates.
Software
"Software" includes the executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product.
Intellectual Property Rights
The Vendor shall at all times retain ownership of all title, copyright, intellectual property rights and distribution rights of the Software. Intellectual property rights include the features, specification, information, output, models, computer code, associated databases, design, and look and feel of the Software. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Software.
Permitted Use under the License
The License grants the Licensee a worldwide, revocable, non-exclusive, non-transferable right to use the Software and the MIDI data (the “Output”) generated by the Software for use in the Licensee’s original musical compositions, in accordance with the terms of this agreement and with any applicable Law. The Output is therefore licensed, not sold, to the Licensee. All rights not expressly granted to the Licensee are reserved by the Vendor. The Licensee may broadcast and/or distribute, commercially or otherwise their own musical compositions that were created using the Output and are otherwise authorised, comply with the terms of this Agreement and any applicable law. However the Licensee may not commercially or otherwise, directly or indirectly, distribute, display, perform, or make available the Output, or portions thereof on a standalone basis as part of sample, sound or MIDI packs or otherwise, nor may the Licensee repackage the Output in whole or in part, including without limitation as audio samples, sound effects or melodies.
This license is for a single non-commercial user and is not transferable to anyone. The Licensee may not make available the Software or its Output for use by one or more third parties. The Software may be loaded onto no more than three (3) computers. A single copy may be made for backup purposes only.
Reverse Engineering
The Software, including but not limited to the underlying source code, object code, script or algorithm and associated databases, may not be modified, reverse-engineered, or de-compiled, decompiled, and any disabling mechanism that may be included in the Software may not be altered or modified, in any manner through current or future available technologies.
License Fee
The original purchase price paid by the Licensee will constitute the entire license fee and is the full consideration for this Agreement.
Limitation of Liability
The Software is provided by the Vendor and accepted by the Licensee "as is". Liability of the Vendor will be limited to a maximum of the original purchase price of the Software.
The Vendor will not be liable for any general, special, incidental loss or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, losses arising from all claims including but not limited to copyright infringement claims or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software. The Vendor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee. The Vendor does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry. The Vendor may remedy any non-conforming Software by providing a refund of the purchase price or, at the Vendor's option, repair or replace any or all of the Software.
Warrants and Representations
The Vendor warrants and represents that it is the copyright holder of the Software. The Vendor warrants and represents that granting the license to use this Software is not in violation of any other agreement, copyright or applicable statute.
Acceptance
By installing and/or using the Software, the Licensee thereby accepts all terms, conditions and obligations of this Agreement ("Acceptance"). If the Licensee registers for a free trial of the Software, this Agreement will also govern that trial.
User Support
The Licensee will be entitled to six months of user support available at no additional cost. The Licensee will be entitled to maintenance upgrades and bug fixes, at no additional cost, for a period of six months from the date of Acceptance.
Updates to the Software
The Vendor may make changes to the Software’s form and functionality without making prior notice to the Vendor.
Term
The term of this Agreement will begin on Acceptance and is perpetual.
Termination
This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement.
On termination of this Agreement for any reason, the Licensee will promptly destroy the Software or return the Software to the Vendor.
Force Majeure
The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event.
Miscellaneous
This Agreement can only be modified in writing signed by both the Vendor and the Licensee. This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee. The Licensee may not state or imply that the Vendor endorses or sponsors the Licensee or their musical compositions, nor may the Licensee use any of the Vendor’s company or product names or logos in any form in conjunction with the Licensee’s musical compositions, unless expressly agreed in writing in by the Vendor advance.
This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor's successors and assignees.
Governing Law
This Agreement, and any dispute arising out of or in connection with this Agreement, shall be governed by and construed in accordance with the laws of the England and Wales.
