[This EULA was last updated on 19th November 2019]
This End-User License Agreement (“EULA”) is a legal agreement (“Terms”) between you (“User”, “you”, “your”) and Vochlea Music Ltd (the “Company”, “Vochlea”).
This EULA governs your acquisition and use of The Dubler Studio Kit software (“Dubler”, the “Product”, the “Software”) directly from Vochlea or indirectly through a Vochlea authorised distributor or reseller.
This EULA provides a license to use the Software and the conditions governing its use. Please read the Terms carefully before downloading, installing and using Dubler.
By using the Software, you are agreeing to become bound by the Terms of this EULA.
If you are entering into this EULA on behalf of a company or other legal entity, you confirm that you have the authority to bind such entity and its affiliates to these Terms and conditions. If you do not have such authority, or if you do not agree with the Terms of this EULA, you must not accept these Terms, install or use the Software.
This EULA shall apply to the Software supplied by Vochlea and also to any Vochlea updates, Internet-based services, and support services for the Software, unless superseded by other terms specifically accompany those items on delivery.
Unless otherwise defined, capitalised terms used throughout this document have the meanings stated below:
“Accompanying Documentation” means tutorials (both written and video), User guides, FAQs and any other general documentation created by Vochlea relating to the Product.
“Company” means Vochlea Music Ltd.
“Dubler” means the Dubler Studio Kit software.
“EULA” means the End-User License Agreement. This document.
“Intellectual Property Rights” means copyright, trademarks, moral rights, patents, trade secrets, unfair competition, and any other intellectual or proprietary rights.
“Product” means the Dubler Studio Kit Software.
“Product Key” means the unique serial code provided by Vochlea to unlock or enable certain features of the Software.
“Software” means the Dubler Studio Kit Software.
“Terms” means the legal provisions that constitute this legal document.
“Usage Data” means personal and technical information relating to the use of the Software.
“User” means you, the user of the product and licensee for this EULA.
“Vocal Profile Data” means the discrete data collected when training a new trigger or when recording input pitch for note fixing. See www.vochlea.co.uk/privacy for more information.
“Vochlea” means Vochlea Music Ltd.
“Your Content” mean any media created by the User using the Software
Provided you comply with the Terms of this EULA, Vochlea grants to you a personal, non-exclusive, non-transferable, revocable right to access and use the Software subject to conditions and restrictions.
Vochlea shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you.
The Software (including the copyright, and other “Intellectual Property Rights” of whatever nature) are and shall remain the property of Vochlea. All Intellectual Property Rights, title and interest in the Product, in all languages, formats and media throughout the world, are and will continue to be the exclusive property of Vochlea. Vochlea reserves the right to grant licences for Software use to third parties.
The Company trademarks, including but not limited to names and logos, are the property of Vochlea. You are not permitted to use the trademarks without the prior written consent of Vochlea.
The Software and all materials produced by Vochlea relating to its use, including but not limited to tutorials, FAQs and troubleshooting guides (“Accompanying Documentation”), are protected by the copyright laws of the United Kingdom and other countries. Vochlea retains all Intellectual Property Rights in the Software and its associated content.
If you are an individual User, then you own all right, title, and ownership to “Your Content”. Vochlea claim no ownership of artistic output(s) created using our Software.
During the process of registration, unlocking, licence validation, logging in, Software updates or upgrades, and during the provision of technical support, Vochlea may collect and use personal and technical information (“Usage Data”) for the improvement of the Software, Product maintenance, and for the validation of adherence to these Terms.
On first use of the Software a User is given the option to permit “Vocal Profile Data” sharing with Vochlea. Vocal Profile Data is the discrete data created when training a new trigger or when recording input pitch for note fixing. The purpose of such data collection is for the improvement of the Software. Any Vocal Profile Data, provided to the Company will always be stored and used with anonymity and in accordance with applicable governing law.
A User can change their preference for sharing Vocal Profile Data at any time within the Software. Details on how to do this a located at www.vochlea.co.uk/privacy.
The Software and accompanying documentation are provided on an “as is” and “as available” basis without warranty - express or implied - of any kind. No oral or written advice given by Vochlea, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty.
Vochlea makes no warranty that the Product or your ability to use it will be uninterrupted or error-free.
Vochlea or anyone else who has been involved in the creation, production, or delivery of the Software cannot be liable for, and shall not pay any amount of incidental, consequential, direct or indirect damages.
Vochlea may require you to consent to updated Terms before further use of the Software is permitted. Otherwise, your continual use of the Software, constitutes your acceptance of the changes.
Vochlea may provide you with notices, including those regarding changes to Terms, by email, postings on or within the Site, within the Software, or other reasonable means now known or hereafter developed.
Vochlea may modify or discontinue, temporarily or permanently, the Product, or any portion thereof, with or without notice. You agree that Vochlea shall not be liable to you or anyone else if we do so.
This EULA is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Vochlea.
It will also terminate immediately if you fail to comply with any term of this EULA.
Upon termination, the licenses granted by this EULA will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA.
This EULA, and any dispute arising out of or in connection with this EULA, shall be governed by and construed in accordance with the laws of the United Kingdom.