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  • 1. End User License Agreement of Native Instruments GmbH December 2011I. GENERALThe following information represents the contractual conditions for the use of software and hardwaremanufactured by NATIVE INSTRUMENTS GmbH (hereinafter Native Instruments) by you, the final user(hereinafter Licensee).By installing and by registering the software on your computer, you declare yourself in agreement withthese conditions, so please read the following text carefully.If you do not agree with these conditions, you must not install the software. In this event, please returnthe complete product (including all written matter, packaging and similar material) to the dealer fromwhom it was originally bought within 14 (fourteen) days after the day of purchase. For purchases fromthe Native Instruments Online Shop, please return the complete product (including all written matter,packaging and similar material) either to NATIVE INSTRUMENTS GmbH, Schlesische Str. 29-30, 10997Berlin, Germany or to Native Instruments North America, Inc., 6725 Sunset Blvd., 5th Floor, Los Angeles,CA 90028, USA. The price you paid will be refunded in full.1. Updates / UpgradesIf you update, upgrade or crossgrade your Native Instruments software products, the License Agreementfor the products originally purchased is superseded by the new License Agreement. It is not possible orpermitted to update, upgrade or crossgrade from a single product more than once. If you upgrade orcrossgrade from a single product to a bundle, the License Agreement of the single product issuperseded by the License Agreement of the bundle. If you upgrade or crossgrade from a singleproduct to a product bundle, it is not possible or permitted to resell or transfer the original single productonce the upgrade or crossgrade has been completed.2. Products Including Software and HardwareProducts which include both software and hardware can only be resold / transferred as a whole neitherthe software nor hardware component may be resold separately. In case of resale, the conditions of thisLicense Agreement apply.3. BundlesProduct bundles (hardware-software bundles or software-only bundles) may be be resold / transferred asa whole the individual components of a bundle may not be resold separately. In case of resale, theconditions of this License Agreement apply.4. NFR (Not-for-resale) ProductsNotwithstanding other sections of this License Agreement, any products by Native Instruments labeled orotherwise provided to you as NFR (Not For Resale) may be used for demonstration, testing andevaluation purposes only. NFR products may not be resold or transferred. NFR products are exempt fromupdate, upgrade or crossgrade offers, and cannot be purchased with or exchanged for vouchers or 1

2. coupons. Furthermore, as an owner of an NFR product, you are not entitled to any vouchers that shipwith the standard version of the product.5. EDU (Educational) ProductsNotwithstanding other sections of this License Agreement, any products by Native Instruments labeled orotherwise provided to you as an EDU (Educational) version may only be used by students or thoseworking in educational institutions only. This definition includes students, faculty, staff and administrationattending and / or working at an educational institutional facility: private / public schools, colleges,universities and similar. EDU products may not be used for commercial purposes, and may not be resoldor transferred. EDU products are exempt from update, upgrade or crossgrade offers, and cannot bepurchased with or exchanged for vouchers or coupons. Furthermore, as an owner of an EDU product,you are not entitled to any vouchers that ship with the standard version of the product.If you are not sure which license type you own (FULL / NFR / EDU) please check the sticker on thebottom of your product box or contact our Support.6. Download SalesDownload sales are final. Native Instruments does not issue product refunds once a) a downloadtransaction has begun or b) cancel any contract for services connected to a download purchase once adownload is initiated. Products purchased as downloads may not be resold or transferred.7. Third-Party ContentSome content included in Native Instruments software products, as well as any associated intellectualproperty rights and titles, belongs to third parties. This content may be protected by copyright or otherintellectual property laws and treaties, and may be subject to terms and conditions from the third-partyproviding the content. Neither the Native Instruments Software Licensing Agreement nor the NativeInstruments Sound License Agreement governs your rights to use such products this is covered by thelicense agreement of the respective third-party. You will find these third party license agreements in thedocument called "Third-Party Content" in the Documentation folder of the product.8. Third-Party SoftwareSome software included in Native Instruments products, as well as any associated intellectual propertyrights and titles, belongs to third parties. This software may be protected by copyright or other intellectualproperty laws and treaties, and may be subject to terms and conditions from the third-party providingthe content. Neither the Native Instruments Software Licensing Agreement nor the Native InstrumentsSound License Agreement governs your rights to use such products this is covered by the licenseagreement of the respective third-party. You will find these third party license agreements in thedocument called "Third-Party Content" in the Documentation folder of the product.II. NATIVE INSTRUMENTS SOFTWARE / HARDWARE LICENSING AGREEMENT1. Object of the Contract 2 3. The object of the contract consists of the computer programs recorded on the supplied medium (e.g.DVD, CD-ROM), the relevant usage instructions and program descriptions, and hardware devices. Theseare described hereinafter as "Licensed Software" or "Licensed Hardware".2. Registration / ActivationIt is required that you register the Licensed Software in order to receive an activation key that enablesyou to use the Licensed Software on your computer. The serial number of your product is embedded inthe activation information that is passed from your computer to our database. Registration means thatyour name, address and email address are stored together with the Native Instruments serial number inour registration database. For the registration, you need to enter your name, email address and postaladdress.It is not possible to use Native Instruments products that are not activated. The Native Instruments SERVICECENTER software guides you through the activation process. The SERVICE CENTER is installedautomatically when you install your Native Instruments product software.The Native Instruments activation uses information about essential system components of your computer,and encodes this information in the Activation Request File. This information does not include anypersonal data. The Activation Request File is used to create an activation key, which works only on thecomputer where the Activation Request File has been generated.If you want to use your Native Instruments product on a different computer, or if you make extensivechanges to your computer, you may need to re-activate your Native Instruments product.Should Native Instruments, for whatever reasons, no longer be able to fulfill its obligations to deliver theactivation key, it will provide Licensee with a key which ensures the continued use of the LicensedSoftware independent of changes to the computer.Native Instruments uses a secure SSL connection with 128-bit-encryption that meets current securitystandards to transmit your data over the web.Native Instruments does not pass these data to third parties.If you purchased a third-party product bundled with a Native Instruments product, you agree that NativeInstruments makes your registration data available to the third-party. Please submit any objections to thisin writing.You agree that Native Instruments may use this information, in accordance with the German DataProtection Laws, as long as it is in a form that does not personally identify you, to improve its products orto provide services or technologies to you and unless you object to such usage in writing.3. Scope of UseNative Instruments grants Licensee the non-exclusive right to use the Licensed Software and Hardware onone single computer only (i.e. one CPU). If this single computer is connected to a multi-user system, thisLicense Agreement shall apply to all users of the system.Licensee may personally use the Licensed Software or Hardware temporarily on one other computer,under the condition that the Licensed Software and Hardware is normally used on another computer. 3 4. For KOMPLETE and MASCHINE, simultaneous installations on three computers are allowed, as long asonly one installation is used at any given time. Use above and beyond these limits is not permissible.The proper use of the Licensed Software according to the terms of this Agreement is condition forLicensees right to use it.Licensee is authorized to transfer or resell the Licensed Software (for download sales see restrictions asdescribed above) and Hardware once to a third party, on the condition that this third party declares toNative Instruments his or her acceptance of the contractual conditions of this Agreement. In doing so,Licensee cancels his registration towards Native Instruments and must erase all copies of the LicensedSoftware prior to its delivery to the third party. Licensee is not entitled to grant any other third party rightsof ownership of the Licensed Software.Licensee may not, except as otherwise expressly provided herein, copy or have copied, decompile orhave decompiled, reverse engineer or have reverse engineered the Licensed Software or parts of it.4. Exclusivity of Licensed Software and HardwareLicensee is to use the Licensed Software he receives from Native Instruments, all copies thereof, and allpertinent documentation exclusively for his own purposes, and may not make it available to others.Licensee must ensure that third-parties, including own employees, unless authorized, may not haveaccess to the Licensed Software, may not copy part or all of the Licensed Software, or be givenopportunity to do so. Licensee bears legal liability towards Native Instruments for any loss or damage including any subsequent losses incurred by Native Instruments resulting from Licensee not keeping theprograms for exclusive use, or not doing so with sufficient care.Occasional use by a third party is permissible only if this is absolutely essential for Licensees use. Rentingor lending out the Licensed Software and Hardware is expressly forbidden.5. Warranty and Legal LiabilityNative Instruments and Licensee are aware that functional defects in the Licensed Software andHardware cannot be totally ruled out, despite the present state of technical knowledge, even if the verygreatest care is taken. The unrestricted functionality of the Licensed Software and Hardware and / or therectification of all faults therefore cannot be totally ensured.Native Instruments legal liability for programming errors in the Licensed Software, or errors in theLicensed Hardware including later updates, is therefore restricted to any case of Native Instrumentsacting with intent or gross negligence.Native Instruments ensures Licensee that at the point in time when the contract is concluded, theLicensed Software and Hardware will be free of all material and technical defects under normaloperating conditions.For any warranty-related claims, it is a pre-condition that the Licensed Software and Hardware has beenused appropriately, in the configuration provided for, and under appropriate operating conditions.Native Instruments does not guarantee uninterrupted and faultless operation.4 5. All warranty claims on behalf of Licensee become invalid if he modifies the Licensed Software orHardware in any way whatsoever (including opening the Hardware), regardless of the extent of suchmodifications. The translation of the Licensed Software into any other program language is alsoregarded as a modification.In the event of a defect in the Licensed Software or Hardware, for which Native Instruments can be heldreasonably responsible, the following shall apply:Licensee may choose to either have the defect rectified, or receive a substitute item. If each of theseoptions cannot be realized, for whatever reasons, Licensee has the right to either reduce the purchaseprice or withdraw from the contract completely. Any claims beyond repair, substitution, price reductionor withdrawal from the contract are not permitted.Even during the warranty period, Licensee is not permitted to make claims against Native Instruments forany changes or modifications to the Licensed Software or Hardware resulting from reasonable productdevelopment and updates (for example, if an update to the software requires more memorycapacity).Licensee has no rights over and above the aforementioned. Native Instruments bears no liability for anyloss or damage to the Licensed Software or Hardware, or to other programs being used, for the loss ofany data, working results, turnover, or profit, or for direct or indirect loss or damage suffered by Licenseeor any third party, unless such loss or damage has been caused by Native Instruments acting with intentor gross negligence. In particular, Native Instruments provides no guarantee that the Licensed Softwareor Hardware meets Licensees requirements and purposes, or that it works in conjunction with otherprograms Licensee may already own. Licensee bears full responsibility for the correct configuration anduse of the Licensed Software and Hardware and any works created with it.6. Concluding StipulationsThe laws of the Federal Republic of Germany govern this License Agreement. Your use of the productmay also be subject to other laws.If any stipulation of this License Agreement should be or become invalid, either completely or in part,this shall not affect the validity of the remaining stipulations. The parties undertake instead to replace theinvalid stipulation with a valid regulation which comes as close as possible to the purpose originallyintended.The place of jurisdiction is Berlin, Germany, as far as legally allowed.Should you have any queries concerning this License Agreement, please write to this address:NATIVE INSTRUMENTS GmbHLegal DepartmentSchlesische Str. 29-3010997 BerlinGermanyIII. NATIVE INSTRUMENTS SOUND LICENSE AGREEMENT5 6. Please read the following Sound License Agreement carefully. When installing the sound library on yourcomputer system, you are legally bound to the following License Agreement terms.Native Instruments Sound License AgreementThis License Agreement is an Agreement between you and Native Instruments. It governs your use ofthe sound library / sound libraries incorporated in the product supplied to you by Native Instruments. Bydownloading, installing or otherwise using the samples, ensembles, instruments, presets or any otherincluded content, you agree to be legally bound by the terms of this Sound License Agreement.The provided samples, instruments and presets can be used for commercial or non-commercial musicand audio productions without the prior permission from Native Instruments under the terms of thisAgreement. The usage of this product (in particular samples, instruments and presets) for the creation ofa sound library or as a sound library for any kind of synthesizer, virtual instrument, sample library,sample-based product or other musical instrument is strictly prohibited. Individual samples, sound sets oraudio loops may not be distributed (commercially or otherwise) standalone. Furthermore thesesamples, sound sets or audio may not be repackaged in whole or in part as audio samples, soundlibraries or sound effects.With the purchase of this sound library you have acquired a single license. You may make one copy ofthis sound library for backup purposes only. Any other use in whole or in parts (giving, trading, lending,renting, re-issuing, re-distribution or resale of this product or any of the contained samples) is expresslyprohibited, without the prior written permission of Native Instruments.This license will terminate automatically without notice by Native Instruments if you fail to comply withany provision of this license. Upon termination you shall destroy all copies of the samples, ensembles,instruments, presets or other contents of the sound library / sound libraries.If this product contains sounds or sound libraries belonging to a third-party, the terms and conditions ofthe third-party apply. In the event that the third-party has not specified terms and conditions, the NativeInstruments Sound License Agreement applies.Copyright December 2011 NATIVE INSTRUMENTS GmbH. 6 7. Please read the following Sound License Agreement carefully. When installing the sound library on yourcomputer system, you are legally bound to the following License Agreement terms.Native Instruments Sound License AgreementThis License Agreement is an Agreement between you and Native Instruments. It governs your use ofthe sound library / sound libraries incorporated in the product supplied to you by Native Instruments. Bydownloading, installing or otherwise using the samples, ensembles, instruments, presets or any otherincluded content, you agree to be legally bound by the terms of this Sound License Agreement.The provided samples, instruments and presets can be used for commercial or non-commercial musicand audio productions without the prior permission from Native Instruments under the terms of thisAgreement. The usage of this product (in particular samples, instruments and presets) for the creation ofa sound library or as a sound library for any kind of synthesizer, virtual instrument, sample library,sample-based product or other musical instrument is strictly prohibited. Individual samples, sound sets oraudio loops may not be distributed (commercially or otherwise) standalone. Furthermore thesesamples, sound sets or audio may not be repackaged in whole or in part as audio samples, soundlibraries or sound effects.With the purchase of this sound library you have acquired a single license. You may make one copy ofthis sound library for backup purposes only. Any other use in whole or in parts (giving, trading, lending,renting, re-issuing, re-distribution or resale of this product or any of the contained samples) is expresslyprohibited, without the prior written permission of Native Instruments.This license will terminate automatically without notice by Native Instruments if you fail to comply withany provision of this license. Upon termination you shall destroy all copies of the samples, ensembles,instruments, presets or other contents of the sound library / sound libraries.If this product contains sounds or sound libraries belonging to a third-party, the terms and conditions ofthe third-party apply. In the event that the third-party has not specified terms and conditions, the NativeInstruments Sound License Agreement applies.Copyright December 2011 NATIVE INSTRUMENTS GmbH. 6