Terms of service (Syrinscape SoundSet Creator)

Syrinscape SoundSet Creator Terms & Conditions

Syrinscape SoundSet Creator Licence Terms (Version 0.8.1-20161212)

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. By installing, using or distributing the Software you agree to be bound by these terms and conditions. If you do not agree to any of these terms and conditions, you may not install, use or distribute the Software.

  1. All intellectual property rights (including copyright) in the Syrinscape SoundSet Creator and all audio files distributed with the Software other than those listed in section 8 below (“Audio Files”) and related documentation (together, the “Software”) belong to Syrinscape Pty Ltd (ACN 160 360 789) of Level 5, Suite 11, 149 Macquarie Street, Sydney NSW 2000 (“Syrinscape”). Syrinscape reserves all rights not expressly granted to you under these terms and conditions.

  2. Syrinscape grants to you a personal, non-exclusive licence to use the Software subject to these terms and conditions. You may use the Software on three computers or devices for as long as you comply with these terms and conditions. Syrinscape retains ownership of all intellectual property rights in the Software. In using the Software:

    (a) you may not modify the Software in any way;
    (b) you may not decompile or otherwise reduce the Software to a human perceivable form;
    © you may not sell the Software or charge a fee (including distribution fee) in connection with the Software; and
    (d) you may not use this Software in any circumstances where there is any risk that failure of this Software might result in a physical injury or loss of life.

  3. The Software is provided to you on an “as is” basis. All express or implied guarantees, warranties, representations or other terms and conditions relating to these terms and conditions or their subject matter are excluded from these terms and conditions to the maximum extent permitted by law. Nothing in these terms and conditions excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition implied or imposed by any legislation which cannot be excluded or limited. If Syrinscape breaches any guarantee, warranty or other term or condition implied or imposed in relation to these terms and conditions or their subject matter and which cannot be excluded or modified, to the extent Syrinscape is able to limit your remedy for that breach, Syrinscape’s liability is limited to (at Syrinscape’s option): (a) in the case of goods: (i) the replacement of goods or the supply of equivalent goods; (ii) the repair of goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of having the goods repaired; and (b) in the case of services: (i) the supplying of the services again; (ii) or the payment of the cost of having the services supplied again. If you intend to rely on this Software for important purposes, you must test it fully prior to using it for those purposes.

  4. Subject to Syrinscape’s obligations under any guarantee, warranty or other term or condition referred to in section 3 above and to the maximum extent permitted by law: (a) the maximum aggregate liability of Syrinscape for all claims under or relating to these terms and conditions or their subject matter (including the Software), whether in tort (including negligence), contract or otherwise, is limited to an amount equal to $10; (b) Syrinscape will not be liable for, and no measure of damages will, under any circumstances include: (i) special, incidental, indirect or consequential losses; or (ii) damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data.

  5. You may only copy or distribute the installation file of this Software in its complete unaltered form. You must NOT distribute any content purchased and downloaded as a part of a Premium SoundSet.

  6. These terms and conditions are governed by the laws of New South Wales, Australia. Syrinscape and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. The word “including” when used in these terms and conditions is not a term of limitation.

  7. You may only use the audio output of the Software as a part of a greater work (as long as it is not the prime component of the work) under the Creative Commons Attribution Licence 3.0 (http://creativecommons.org/licenses/by/3.0/au/). For details about how to correctly attribute Syrinscape, see www.syrinscape.com.