EXS 24 Logic Sampler Users Group

OK, now I'm really confused. There's no giving, trading, lending, renting,
re-issuing, re-distribution or re-sale going on here. No one is trading the
sounds, only creating a new system of organization of sounds and sharing
that. I'm not convinced of the similarity here. If your product is never
exchanged, how can you classify it as such, or consider it a misuse? Sorry
to beat a dead horse here... Jer

> Dear EXS Forum User's,
> 
> We offer free tryout versions of our upcoming products to give the
> possibility for everybody to check out our MVIs, so you know what you can
> expect with the full versions. Audio demos are always a nice thing, but
> finally with these demos nobody can get any impressions of playability,
> handling, etc.
> How many bandwidth we have to pay for these tryouts is our problem, I would
> say. See it as a kind of service for all interested users.
> 
> We as the Developers of Majestic and Culture have been watching your post's
> regarding our Instruments with interest for the last couple of day's.
> Whilst we never normally interfere in Open Forums/Mailing lists, we feel we
> have to explain things a bit more clearly at this point.
> 
> By re-sampling the sounds we supplied with the 'Tryout ' versions of our
> Instrument's, you have inadvertently broken the License agreement supplied
> with the 'Tryout' versions.
> 
> As specified in the "Audio Samples" license agreement....
> 
>> "All unauthorised giving, trading, lending, renting, re-issuing,
>> re-distribution or re-sale of this product or any of the sounds it contains
>> are expressly prohibited."
> 
> 
> And also in Section 2.(Restrictions) of the Software License agreement....
> 
>    "You may not modify, rent, lease, loan, distribute or create derivative
> works 
>     based upon the Software in whole or in part."
> 
> As I'm sure you now understand, the distribution of these samples by members
> of this list has to stop.
> We have worked long and hard to develop these instrument for musicians to
> use, in order to give them what we feel is a 'Top Quality, Credible
> Instrument', please respect this fact and stop this at once.
> We do not want to have to get further involved in stopping this legally as
> this just cut's into our development time and is counter productive for all
> involved.
> 
> I am sad that this has had to be done , but I felt that there was no other
> obvious cause of action.
> 
> Your Sincerely
> 
> Christian Hellinger
> Yellow tools
>> 
>>                 
>> 
>> 
>>                                 "Yellow Tools License Agreements"
>>  
>> 
>> 
>> ======================================
>> yellow tools Audio Samples license agreement
>> ======================================
>> ALL SAMPLES ARE 100% COPYRIGHT CLEAN !!!
>> You can use the material, which is included in this library, for commercial
>> or
>> noncommercial music productions, without worrying about the possibility of
>> copyright injuries. Yellow tools produced all sounds for yellow tools and all
>> rights of these sounds are of the company yellow tools. If you buy a yellow
>> tools product, you'll get a single license for use of the sounds/samples for
>> your  music productions.
>> However, it would greatly appreciated if you adhered to the following
>> crediting guidelines on any music recording that utilizes material from
>> yellow
>> tools ³Culture³. We would be very thankful if you could include the following
>> courtesy credits using this wording only: Percussion Samples courtesy of
>> yellow tools ³Culture²
>> Screen credit for film & television use is not required except on soundtrack
>> albums etc.
>> Without the written consent of yellow tools, the reproduction or duplication
>> of the products or sound recordings within them (either as they exist on the
>> disc or by any means of reformatting, mixing, filtering, re-synthesizing,
>> processing, editing for use in another product or for re-sale) is strictly
>> prohibited.
>> All unauthorized giving, trading, lending, renting, re-issuing,
>> re-distribution or re-sale of this product or any of the sounds it contains
>> are expressly prohibited.
>> In short: DON¹T COPY THIS LIBRARY!
>> 
>> 
>> ============================================
>> YELLOW TOOLS Software End User License Agreement
>> ============================================
>> PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE
>> SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU
>> DO
>> NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY RETURN THE UNUSED SOFTWARE
>> TO
>> THE PLACE WHERE YOU OBTAINED IT AND YOUR MONEY WILL BE REFUNDED.
>> 
>> 1. License.
>> The application, demonstration, system and other software accompanying this
>> License, whether on disk, in read only memory, or on any other media (the
>> 'Software'), the related documentation and fonts are licensed to you by
>> Yellow
>> tools and its Licensors. You own the disk on which the Software and fonts are
>> recorded but Yellow tools and/or Yellow tools' licensors retain title to the
>> Software, related documentation and fonts. This License allows you to use the
>> Software and fonts on a single computer. You may use a copy of the software
>> on
>> a home or portable computer, as long as the extra copy is never loaded at the
>> same time the software is loaded on the primary computer on which you use the
>> Software. You may make one copy of the Software and fonts in machine-readable
>> form for backup purposes. You must reproduce on such copy the Yellow tools
>> copyright notice and any other proprietary legends that were on the original
>> copy of the Software and fonts. You may also transfer all your license rights
>> in the Software and fonts, the backup copy of the Software and fonts, the
>> related documentation and a copy of this License to another party, provided
>> the other party reads and agrees to accept the terms and conditions of this
>> License. 
>> 
>> 2. Restrictions.
>> The Software contains copyrighted material, trade secrets, and other
>> proprietary material. In order to protect them, and except as permitted by
>> applicable legislation, you may not decompile, reverse engineer, disassemble
>> or otherwise reduce the Software to a human-perceivable form. You may not
>> modify, rent, lease, loan, distribute or create derivative works based upon
>> the Software in whole or in part.
>> 
>> 3. Termination.
>> This License is effective until terminated. You may terminate this License at
>> any time by destroying the Software, related documentation and fonts and all
>> copies thereof. This License will terminate immediately without notice from
>> Yellow tools if you fail to comply with any provision of this License. Upon
>> termination you must destroy the Software, related documentation and fonts
>> and
>> all copies thereof.
>> 
>> 4. Limited Warranty on Media.
>> Yellow tools warrants the compact discs and /or DVD(s) on which the Software
>> and fonts are recorded to be free from defects in materials and workmanship
>> under normal use for a period of ninety (90) days from the date of purchase
>> as
>> evidenced by a copy of the receipt. Yellow tools's entire liability and your
>> exclusive remedy will be replacement of the diskettes, DVD(s) and/or compact
>> discs not meeting Yellow tools limited warranty and which is returned to
>> Yellow tools with a copy of the receipt. Yellow tools will have no
>> responsibility to replace a disk/disc/DVD damaged by accident, abuse or
>> misapplication. ANY IMPLIED WARRANTIES ON THE COMPACT
>> DISC/DISKETTE(S)/DVD(S),
>> INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
>> PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE
>> OF DELIVERY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO
>> HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
>> 
>> 5. Disclaimer of Warranty on Yellow tools Software.
>> You expressly acknowledge and agree that use of the Software and fonts is at
>> your sole risk. The Software, related documentation and fonts are provided
>> 'AS
>> IS' and without warranty of any kind and Yellow tools and Yellow tools'
>> Licensor(s) (for the purposes of provisions 4 and 5, Yellow tools and Yellow
>> tools' Licensor(s) shall be collectively referred to as 'Yellow tools')
>> EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
>> NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
>> PARTICULAR PURPOSE AND NONINFRINGEMENT. YELLOW TOOLS DOES NOT WARRANT THAT
>> THE
>> FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE
>> OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT
>> DEFECTS
>> IN THE SOFTWARE AND THE FONTS WILL BE CORRECTED. FURTHERMORE, YELLOW TOOLS
>> DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
>> OF THE USE OF THE SOFTWARE AND FONTS OR RELATED DOCUMENTATION IN TERMS OF
>> THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN
>> INFORMATION OR ADVICE GIVEN BY YELLOW TOOLS OR A YELLOW TOOLS AUTHORIZED
>> REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF
>> THIS WARRANTY. WITHOUT LIMITING THE FOREGOING, YELLOW TOOLS DISCLAIMS ANY AND
>> ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, AND YOU EXPRESSLY ASSUME ALL
>> LIABILITIES AND RISKS, FOR USE OR OPERATION OF THE SOFTWARE, INCLUDING
>> WITHOUT
>> LIMITATION.  SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT YELLOW TOOLS
>> OR
>> A YELLOW TOOLS AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL
>> NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW
>> THE
>> EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
>> 
>> 6. Limitation of Liability.
>> UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL YELLOW TOOLS BE LIABLE FOR
>> ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR
>> INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF YELLOW TOOLS
>> OR A YELLOW TOOLS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
>> POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
>> OR
>> EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE
>> LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall Yellow tools'
>> total liability to you for all damages, losses, and causes of action (whether
>> in contract, tort (including negligence) or otherwise) exceed that portion of
>> the amount paid by you which is fairly attributable to the Software and
>> fonts.
>> 
>> 7. Controlling Law and Severability.
>> This License shall be governed by and construed in accordance with the laws
>> of
>> the Federal Republic of Germany. If for any reason a court of competent
>> jurisdiction finds any provision of this License, or portion thereof, to be
>> unenforceable, that provision of the License shall be enforced to the maximum
>> extent permissible so as to effect the intent of the parties, and the
>> remainder of this License shall continue in full force and effect.
>> 
>> 8. Complete Agreement.
>> This License constitutes the entire agreement between the parties with
>> respect
>> to the use of the Software, the related documentation and fonts, and
>> supersedes all prior or contemporaneous understandings or agreements, written
>> or oral, regarding such subject matter. No amendment to or modification of
>> this License will be binding unless in writing and signed by a duly
>> authorized
>> representative of yellow tools.
>> Should you have any questions or comments concerning this license, please do
>> not hesitate to write to yellow tools GBR, Printzstrasse 4, 76139 Karlsruhe,
>> Germany. attn: Warranty Information. Email: info@....
> 
> 
> 
> ---------------------------------------------
> yellow tools
> Printzstr. 4
> D-76139 Karlsruhe
> Germany
> 
> fon: +49-721-62 73 89 01
> fax: +49-721-62 73 89 06
> 
> info@...
> www.yellowtools.de
> 
> 
> 
> 
> 
> 
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> For a list of places to get free samples please see:
>  http://groups.yahoo.com/group/exs-users/links/
> 
> 
> 
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