End-User License Agreement (EULA)
As from 13 Dec. 2021
You (hereinafter "You" or "Customer") wish to use one or several UVI Products (hereinafter (“Product(s)”) registered on the website www.uvi.net or on the UVI Portal (hereinafter together the "Website").
This End User License Agreement ("EULA") governs your use of the Products offered by UVI.
The EULA defines your rights and the conditions of use of the Product.
Article 1 - Product activation conditions
In order to use the registered Product, You must:
-have a free iLok account (not necessarily a physical key) and install the iLok License Manager - also free of charge (its installation is performed automatically by the installers of UVI Workstation, Falcon or the Product);
-register the Product's serial number on the Site;
-Fill in the requested information, which will be stored in the UVI database.
Article 2 - Conditions of use of the Product
UVI grants You a non-exclusive, non-transferable license to use the Product. This right is granted to You for a maximum of three simultaneous activations on any combination of iLok keys or computers, it being specified that these activations can be moved between devices at any time through the iLok License Manager.
This right is strictly personal and may not be transferred to a third party in any way, except in the following conditions: Except if otherwise stated within this EULA, Licensee may transfer the software and its license to a third party permanently. Request may be done using the 'Transfer License' feature in your iLok account, subject to a $25 fee per-license ($50 maximum) charged by Pace. The serial number of the Product will be transferred to the third party by UVI, and Licensee’s original registration will be deleted. You will find additional information here
Similarly, the resale or making available of individual Products obtained as part of a bundle, or those used to upgrade a Product or to crossgrade from another software or platform, is strictly prohibited.
Under this license, You may use all sounds and sound samples contained in the Products ordered for commercial recording purposes without paying any additional license fee or acknowledging their source.
However, this licence expressly prohibits:
- reselling or distributing the sounds and software included in the Product or their derivatives, whether they exist on disk, reformatted for use on another digital sampler, or are mixed, combined, filtered, resynthesized or edited in any way, for use as sounds, multi-sounds, sound samples, sound multi-samples, wavetables, programs or patches in a sampler, microprocessor or any sound sample playback equipment or software. You may not sell the contents of the Product or give them away for use by others in their sampling or sound sample playback equipment.
- Circumvent the technical limitations of the Product.
- Exceeding the number of duly authorised activations.
- Reconstruct the software logic of the Product, decompile or disassemble it, except to the extent expressly permitted by law.
- Publish the software to allow other parties to copy it.
Article 3 – Updates
You are informed via the UVI Portal application or by any other means that updates to the Product may be offered to You.
Some of these updates may be free and others may require payment, which will be indicated to you.
UVI reserves the right to decide whether these offers are time limited and to discontinue them at any time. In such a case, UVI will inform you of the duration of the offers.
You are informed that when an update is subject to a fee, you will have to expressly adhere to the EULA again.
Article 4 - NFR licenses
The serial numbers of UVI Products designated "NFR" (not for resale) may only be used for demonstration, testing and evaluation purposes. The resale and transfer of the NFR licenses are strictly prohibited.
They are not eligible for updated or upgraded offers nor for evolution from other product or platform (crossgrade offers). They cannot be purchased with or redeemed for vouchers or other products. In addition, as a user of an NFR product, You do not benefit from promotional offers linked to the commercial version of the Product.
Article 5 - Intellectual Property
UVI owns all intellectual property rights in the Product including intellectual property rights in the digital sound recordings included in the Product (including any copies).
You acknowledge the existence of these property rights and shall not take any action that may compromise, limit or interfere in any way with them.
Copies are granted to You solely for the purpose of exercising your rights under the licence.
Finally, all rights not expressly granted to You under this EULA are expressly reserved by UVI.
Article 6 - Warranty
The licensed Product will function substantially as described in the accompanying UVI documentation.
Some features of the Product may require your device to be connected to the Internet. Your access and use may be subject to the terms of your Internet service provider's contract. UVI shall not be responsible for the terms of your contract with your Internet service provider or for any problems that may arise in using or accessing the networks that may affect your use of the Product.
In the event of technical difficulties with the Product, UVI will do its utmost to provide you with the necessary support through its support service.
Subject to the legal guarantees from which Consumer Customers benefit, and reproduced hereafter, UVI declines all responsibility in the event of deterioration or loss resulting from incorrect installation of the Products by the Customers or the use of the Products with defective, incompatible or incorrectly installed equipment.
Similarly, UVI disclaims all liability for negligence in the use of the Products by the Customer, for inappropriate use or for use that does not comply with the manuals or instructions for use provided with the Product or accessible on the Site.
Article 7 - Duration and termination
The EULA becomes effective upon registration of the Product and lasts for the duration of the copyright protection of the Product unless terminated in advance.
UVI may terminate this EULA by operation of law in the event of a serious breach by You of these provisions and in particular of the conditions defined in articles 2 and 5 hereof, if You do not remedy the breach within 15 days of the formal notice sent by UVI.
In the event of termination of the EULA, You agree to return to UVI all copies of the Product and its related documentation and to destroy all other copies.
Article 8 - Liability
UVI shall only be liable for direct damage caused by its fault and which you can prove.
Subject to applicable legal provisions that prohibit the exclusion or limitation of liability, UVI's total liability shall in no case exceed the total cost of the defective Products supplied, which are the object of the liability claim.
Article 9 - Applicable law and competent jurisdiction
These conditions are subject to French law.
ANY DISPUTE RELATING TO THE EXECUTION OR INTERPRETATION OF THE PRESENT CONTRACT WITH A NON-CONSUMER CUSTOMER SHALL BE BROUGHT BEFORE THE COMMERCIAL COURT OF PARIS.
Disputes with Consumer Customers shall be brought before the competent courts.
Article 10 - Miscellaneous
10.1 If one of the provisions of these conditions should be declared null and void or inapplicable, it will be modified in order to obtain its validity or will be deemed unwritten but will not lead to the nullity or invalidity of these provisions.
10.2 The fact that UVI does not, at any given time, avail itself of any of the provisions hereof, shall not be construed as a waiver of any of the said provisions.
10.3 For Consumer Customers: in accordance with the provisions of the Consumer Code applicable to Consumer Customers, the latter benefit from (i) the legal guarantee of hidden defects under the conditions of article 1641 of the Civil Code for a period of two years from the discovery of the hidden defect as well as (ii) the legal guarantee of conformity under the conditions of article L.217-1 and following of the Civil Code, it being specified that UVI guarantees all its clients against defects in its Products in relation to their characteristics provided on the Site.
In accordance with the French Consumer Code, the provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the French Civil Code are reproduced in full below.
Article L.217-4 of the French Consumer Code:
"The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. It shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility".
Article L.217-5 of the French Consumer Code:
"The good is in conformity with the contract:
1° If it is fit for the purpose usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or its representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter".
Article L.217-12 of the French Consumer Code:
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods."
Article L.217-16 of the Consumer Code:
"When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run.
This period shall run from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this is after the request for intervention."
Article 1641 of the French Civil Code:
"The seller is bound by the warranty for hidden defects in the thing sold which make it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known about them."
Article 1648 paragraph 1 of the French Civil Code:
"The action resulting from prohibitive defects must be brought by the purchaser within two years of the discovery of the defect."