Do I have to pay additional licensing fees if my use of these samples ends up on a hit record or other high-profile projects?
NO, your original purchase is your only license fee, and you’re free to use it in as many musical recordings as you want, forever. We hope you do get to use our sounds on a hit!
Do I have to credit this product if I use it on a recording?
With your purchase of a Vienna Instruments Collection, you agree to use the following wording in any credits or liner notes accompanying the music recording, be it a music CD, cassette, or soundtrack compilation: “Orchestral samples included in this recording from the Vienna Symphonic Library”. Screen credit for film and television use is not required, but highly appreciated.
Can my writing partner, colleagues or friends use the sounds or the software once I’ve licensed the product? Can I form a group to buy and share products?
NO, each person who uses the sounds or the software must purchase their own copy (which licenses them to use the sounds). Anyone other than the original purchaser of the product, who uses the sounds or the software, is doing so illegally – risking legal action against both them and their clients! Contact us regarding package deals for special circumstances.
Can I offer the sounds or the software to clients as part of my recording studio or rental company services? Or, as a freelance sound designer, can I put custom compilation discs together (or any other medium) that include your sounds for my composer clients?
NO. Sorry, but each person who uses the sounds (the creative person) has to be a licensed user. Otherwise, this could cause tremendous legal problems for studio or rental clients.
Can I use these samples to make “Music Libraries”?
YES, unlike some soundware companies, this is fully allowed with all of our products. The sounds have to be used within a musical context, however, and cannot be presented isolated or “solo'ed”.
Can I use these sounds in Multimedia projects?
MAYBE, as long as the sounds are irremovably imbedded in music. Contact us if you’re still unsure.
Can I use these sounds to make and publish DLS sets?
NO. Any such usage is prohibited without prior clearance from us. Otherwise, you’re in direct violation of our license agreements. Contact us for more information.
Is it OK to sell the product to someone else if I’m finished with the project that I needed it for?
License Transfers will be handled on a case-by-case basis as a special customer service. It will be necessary to announce a license transfer to us, and both you and the new licensee will have to agree to the license transfer. A nominal fee will be charged per transferred license.
What if I still have questions?
The following license agreement covers all of your rights in detail. If you still have questions, please contact us at firstname.lastname@example.org to discuss any particular licensing questions you may have. We want to help you.
Installing our software products constitutes your acceptance of the following terms and conditions.
All intellectual property rights in the software belong to Vienna Symphonic Library GmbH and its suppliers. As “Licensor” Vienna Symphonic Library GmbH grants to the Licensee a non-exclusive license to use the software files and other computer information including but not limited to sound files, samples, impulse response sound files, the USB Protection Device (ViennaKey), and accompanying documentation, hereafter referred to as “Software”. “You”, “Your”, and “Licensee” means the person who purchased this license to use this product or for whom the license was purchased. “Documentation” means the manual or guide and any other material provided by the Licensor, in any printed or electronic form, provided with or in connection with the Software. “License” means the license purchased and granted pursuant to this Agreement.
Vienna Symphonic Library GmbH grants to You, the Licensee, a non-exclusive, perpetual license to use the Software for your own personal use and not for sublicense, subject to the terms and conditions stated in this License Agreement. You may: (a) install the Software on one or more computers, (b) transfer the Software from one computer to another provided that it is used only by the licensee, (c) copy the Software into any machine-readable form solely for backup reasons, provided you include all copyright and other proprietary rights notices on the copy, (d) transfer the Software to another party if the other party agrees to accept all terms and conditions of this Agreement. If you transfer the Software to another party, you must at the same time transfer all copies, whether in printed or machine-readable form, to the same party and destroy any copies not transferred. An Educational Building Site License allows you to install the Software on the number of computers in one school site equal to the number as licenses supplied. Notwithstanding other sections of this License, the Software provided to you on a promotional basis (NFR – Not for Resale Copies) may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred. All rights not expressly granted herein are reserved.
Unless expressly permitted by this License or otherwise applicable law, You may not, or allow any third party to, (a) rent, lease, sell, re-sell, loan, distribute, sublicense, for profit or otherwise, or otherwise transfer the Software or the Sounds it contains or copies of the Software or the Sounds it contains or the accompanying documentation, or any of your rights and obligations granted under this License, except as expressly stated above; (b) install or electronically transfer the Software or Sounds of the Software on a network for use by multiple users, unless each user has purchased a license; (c) decompile, reverse engineer or disassemble the Software, or otherwise reduce the Software to a human perceivable form; (d) remove or destroy any copyright notices or other proprietary markings of the Software; (e) modify, alter, or adapt the Software; (f) create derivative works based on the Software, (g) mix, combine, filter, re-synthesize, or otherwise edit the sounds, either as provided by the Vienna Symphonic Library GmbH or reformatted for use as sounds, multisounds, samples, multisamples, wavetables, soundsets, programs or patches in a sampler, microchip, computer, software, game console or any sample playback device. Except as expressly permitted above, any attempt to lease, sublicense, assign or transfer any of the rights, duties or obligations hereunder is void.
You agree to take all reasonable steps to protect this product, the Software and any accompanying documentation from unauthorized copying or use. You agree not to modify the enclosed product or the Software to circumvent any method or means adopted or implemented by Vienna Symphonic Library GmbH to protect against or discourage the unlicensed use of copying of the Software.
5. Defect of the ViennaKey
In the case of a defect or damage to the ViennaKey Vienna Symphonic Library GmbH or a third party authorized by Vienna Symphonic Library GmbH (e.g., distributor) will check the ViennaKey. In the case of a legitimate claim the ViennaKey and the Vienna Symphonic Library Licenses included shall be replaced in return for a handling fee. The Licenses will only be replaced provided that they are licenses issued by Vienna Symphonic Library GmbH. Further claims against Vienna Symphonic Library GmbH are excluded.
6. Loss of the ViennaKey
Vienna Symphonic Library GmbH assumes no liability or obligation if the ViennaKey or any other eLicenser USB protection device holding one or more Vienna Symphonic Library Licenses is mislaid as a result of loss, theft or otherwise. Vienna Symphonic Library GmbH reserves the right to block its Licenses saved on the lost ViennaKey or on any other lost USB eLicenser upon being notified by the registered user of the loss. Lost or stolen Licenses cannot be replaced free of charge by Vienna Symphonic Library GmbH.
This Software and all accompanying materials are copyrighted. Vienna Symphonic Library GmbH constantly monitors digital product releases and the Internet to check for copyright infringements, and will prosecute all piracy and copyright violations to the fullest extent of the law. You may use the Software on any commercial music release (including music libraries), public performance, broadcast, or similar occasion. You may use any of the Sounds in a commercial recording without paying any additional license fees. The sounds are guaranteed 100% copyright clean. However, the use of Vienna Instruments products requires a specific crediting for Vienna Symphonic Library in the liner notes of the music release: “Orchestral samples included in this recording from the Vienna Symphonic Library”. Screen credit for film and television use is not required, but highly appreciated. Multimedia and Game Music use of the Software is restricted to use within the musical compositions themselves.
The license granted hereunder does not constitute a transfer or sale of ownership rights in or to the Software. Except for the license rights granted above, Vienna Symphonic Library GmbH and its suppliers retain all right title and interest in and to the Software including all intellectual property rights therein. The Software is protected by applicable intellectual property laws.
9. Term and Termination
This License shall be effective upon installation of the Software, and will remain in full force until termination. The License shall terminate upon the earlier of (a) Your failure to comply with any term or condition of this Agreement; (b) Your return, destruction or deletion of all copies of the Software in your possession. Vienna Symphonic Library’s and its suppliers’ rights and Your obligations shall survive termination of this License.
Vienna Symphonic Library GmbH may, from time to time, revise the performance of this Software and in doing so, incur no obligation to furnish such revisions to any Licensee. Unless explicitly stated otherwise, any new features that augment or enhance the current Software, including the release of new properties, shall be subject to terms of this License, and shall be provided at the sole discretion of Vienna Symphonic Library GmbH.
11. Limited Warranty
The Software and the accompanying documentation are provided “as is” without any warranty or condition of any kind. Vienna Symphonic Library GmbH and its suppliers make no warranties, express, implied, or otherwise, that the documentation or the functions contained in the Software will meet Your requirements or that the operation of the Software will be uninterrupted or error free. The Licensee expressly agrees that it is not possible to develop software programs in such a way that they will function without failure in all fields of use of licensee. Vienna Symphonic Library GmbH specifically excludes any warranty for any functions or specifications described in the Software description or any promotional materials. Vienna Symphonic Library GmbH expressly disclaims all warranties including but not limited to warranties of merchantability, non-infringement, and fitness for a particular purpose.
12. Limitation of Liability
You agree that in no event will Vienna Symphonic Library GmbH, its suppliers, or anyone else who has been involved in the creation, production, or delivery of the Software be liable for any consequential, incidental, indirect, special or punitive damages, including any lost profits or lost savings arising out of the use or inability to use the Software, accompanying documentation or content, even if Licensor has been advised of the possibility of such damages. Vienna Symphonic Library’s liability to Licensee or any third party arising out of or related to this License however caused and on any theory of liability, whether in contract, tort (including negligence), or otherwise will not exceed the fee paid by Licensee for the Software, as applicable.
This License is governed by the Laws of Austria, without regard to conflict of laws principles therein. The Courts in Vienna, Austria, shall have exclusive jurisdiction to adjudicate any dispute arising out of this License and You hereby consent to the personal jurisdiction of the Courts in Vienna, Austria. This License is the entire agreement between You and Vienna Symphonic Library GmbH and supersedes any other communication with respect to the Software. No modification of or amendment to this License will be effective unless in writing signed by both parties. If any provision of this License is held invalid or unenforceable, the remainder of this License will continue in full force and effect.
All trademarks and registered trademarks are the property of their respective owners.
© VIENNA SYMPHONIC LIBRARY 2010, Vienna, Austria.