Page
17
Z-PLANE Instruction Manual
V1.0
LAB:ONE RECORDINGS.
LICENSE AGREEMENT
YOU SHOULD CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE USING
THIS PRODUCT. INSTALLING AND USING THE PRODUCT INDICATES YOUR ACCEPTANCE OF THESE
TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THEM, YOU SHOULD PROMPTLY RETURN
THE PRODUCT UNUSED AND YOUR MONEY WILL BE REFUNDED.
1. GRANT OF LICENSE. In consideration of payment of the license fee, Lab:One Recordings. (“LAB:ONE” or the
“Licensor”) grants to you, the Licensee, a nonexclusive license to have one person use the enclosed LAB:ONE software
product (the “Product”) on one personal computer at a time. If you want to use the Product on more than one personal
computer at a time, or if you want to network the Product, you must obtain separate licenses from LAB:ONE by
contacting them via [email protected].
This license does not grant you any right to any enhancement or update to the Product. Enhancements and updates,
if available, may be obtained by you at LAB:ONE's then current standard pricing, terms and conditions.
2. OWNERSHIP OF THE PRODUCT. Portions of the Product incorporate certain material proprietary to third parties.
LAB:ONE and licensors of LAB:ONE own and will retain all title, copyright, trademark and other proprietary rights in
and to the Product. This License is NOT a sale of the Product or any copy of it. You, the Licensee, obtain only such
rights as are provided in this Agreement. You understand and agree as follows:
2.1. You may NOT make any copies of all or any part of the Product except for archival copies of the computer
software components of the Product as permitted by law,
2.2. You may NOT reverse compile, reverse assemble, reverse engineer, modify, incorporate in whole or in part in any
other product or create derivative works based on all or any part of the Product.
2.3. You may NOT remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or
embedded in any part of the Product.
2.4. You may NOT transfer the Product. If transferred, in whole or in part, the original and subsequent owners forfeit
all rights to use the software.
2.5 You may not use the documentation for any purpose other than to support your use of the SOFTWARE PRODUCT.
2.6 You may not perform engineering analyses of the SOFTWARE PRODUCT, including performance analyses,
or benchmark analyses, without the written permission of LAB:ONE.
3. INSTRUMENT CONTENT
3.1 The audio samples, recorded sounds, programs, MIDI patterns used by any instrument (“instrument content”)
included with the Product remain the property of Licensor and are licensed, not sold, to you for use on your computer.
3.2 The Licensee may modify the instrument content. LICENSEE MAY USE THE INSTRUMENT CONTENT FOR
COMMERCIAL PURPOSES WITHIN MUSICAL COMPOSITIONS.
3.3. This license expressly forbids resale, re licensing or other distribution of the instrument content, either as they
exist on these discs, or any modification thereof. You cannot sell, loan, rent, lease, assign or transfer all or any of the
enclosed sounds to another user, or for use in any competitive product.
4. DEMO or THIRD PARTY DEMO CONTENT RESTRICTIONS. Unless specified elsewhere in your product
package, the following restrictions apply to all digitally recorded sounds, MIDI or song files or
rhythm patterns, and printed or digitally reproduced sheet music contained in the product package (the “demo
content”): All demo content is protected by copyright and owned by LAB:ONE or other parties that have licensed these
works to LAB:ONE. Any duplication, adaptation, or arrangement of the demo content without written consent of the
owner is an infringement of UK. or foreign copyright law and subject to the penalties and liabilities provided therein.
You may not synchronize the demo content with any videotape or film, or print the demo content in the form of
standard music notation, without the express written permission of the copyright owner. The demo content may not be
used for broadcast or transmission of any kind. You may not resell or redistribute the demo content “as is”
(i.e., stand alone) in any way, including for use in sampling or sample playback units, or in any sound library product,
or in any radio or television broadcast, soundtrack, film or other commercial product in any media, whether the works
remain in their original form or are reformatted, mixed, filtered, re-synthesized or otherwise edited.
5. LICENSEE'S RESPONSIBILITIES FOR SELECTION AND USE OF THE PRODUCT. Lab One Recordings hopes the
Product will be useful to your business or personal endeavors. HOWEVER, Lab One Recordings DOES NOT WARRANT
THE OPERATION OF THE PRODUCT OR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION
CONTAINED IN THE PRODUCT. You, and not LAB:ONE, are responsible for all uses of the Product.
6. WARRANTY.
6.1. Limited Warranty. Subject to the other provisions in Articles 4 and 5 of this Agreement, LAB:ONE warrants to
you, the original licensee, that the media on which the Product is recorded will be free of defects in material and workmanship
under normal use for a period of thirty (30) days from purchase, and that the Product will perform substantially
in accordance with the user guide for a period of thirty (30) days from purchase. LAB:ONE’s sole responsibility
under this warranty will be, at its option, (1) to use reasonable efforts to correct any defects that are reported to it
within the foregoing warranty period or (2) to refund the full purchase price. LAB:ONE does not warrant that the
Product will be error free, nor that all program errors will be corrected. In addition, LAB:ONE makes no warranties if
the failure of the Product results from accident, abuse or misapplication. Outside the United Kingdom, these remedies are
not available without proof of purchase from an authorized international source. All requests for warranty assistance
shall be directed to LAB:ONE at the following address:
Lab:One Recordings, 41 Sedbergh Road, Corby, Northants, NN18 0NT, UK
6.2. Limitations on Warranties. THE EXPRESS WARRANTY SET FORTH IN THIS ARTICLE 4 IS THE ONLY
WARRANTY GIVEN BY LAB:ONE WITH RESPECT TO THE ENTIRE PRODUCT; LAB:ONE MAKES
NO OTHER WARRANTIES, EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE, AND SPECIFICALLY
DISCLAIMS THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR
FITNESS FOR ANY PARTICULAR PURPOSE. LAB:ONE SHALL NOT BE HELD RESPONSIBLE FOR THE
PERFORMANCE OF THE PRODUCT NOR FOR ANY LIABILITY TO ANY OTHER PARTY ARISING OUT OF
USE OF THE PRODUCT.
SOME COUNTRIES/STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
7. LIMITATIONS ON REMEDIES. LAB:ONE’s liability in contract, tort or otherwise arising in connection with the
Product shall not exceed the purchase price of the Product. IN NO EVENT SHALL LAB:ONE BE LIABLE FOR
SPECIAL, INCIDENTAL, TORT OR CONSEQUENTIAL DAMAGES (INCLUDING ANY DAMAGES RESULTING
FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF BUSINESS) ARISING OUT OF
OR IN CONNECTION WITH THE PERFORMANCE OF THE PRODUCT, EVEN IF LAB:ONE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.