TERMS & LICENSE AGREEMENT 

END-USER LICENSE AGREEMENT 

This version (updated December 1, 2021) supersedes any prior printed or digital versions of our license. 

By purchasing a copy of any Yarra Audio product, purchaser acknowledges that they have read and understand and agree to enter into the Yarra Audio End User License Agreement (EULA) with Yarra Audio Pty Ltd A.C.N. 654 821 459 (“Yarra Audio”) and agree to be bound by its terms and conditions. 

LICENSE 

All of the intellectual property including but not limited to the sounds included in Yarra Audio products (the “Yarra Audio IP”) are created and owned by Yarra Audio. By purchasing a copy of Yarra Audio products, the original purchaser/registered owner is granted a single user non-exclusive license to use the Yarra Audio IP. The licensee is authorized to freely use the enclosed sounds for any commercial purpose provided the following conditions are met: 

1. The licensee (primary user) may install the product on as many computer systems as he or she has access to. However, ONLY the licensee may use the product. No other users are authorized. 

2. Product licenses are non-transferable. Yarra Audio strictly forbids the resale, relicensing, or any other distribution of any Yarra Audio product, samples, scripts and software; 

3. Licensee may not assign, transfer, lease, rent, resell, share, or upload/download to or from any database server any part of the product, scripts, samples and software; 

4. This license expressly forbids any inclusion of content contained within any Yarra Audio product into any other virtual instrument or library of any kind. This includes, but not limited to, re-sampling, mixing, processing, isolating, or embedding into software or hardware for the purpose of re-recording or reproduction as part of any free or commercial sample library, sound effects catalog, software, or virtual instrument. 

5. The Licensee undertakes to:

a. use its reasonable commercial endeavours to:

i. preserve the value and validity of the Yarra Audio IP; and

ii. create, promote, retain, and enhance the goodwill in the Yarra Audio IP;

b. not to allow or facilitate the use, nor exploit the Yarra Audio IP in a manner in any way detrimental to the Yarra Audio and not contravene, deny or contest the Yarra Audio’s rights subsisting in the Yarra Audio IP, and take such steps as may be appropriate and available to the Licensee to prevent the infringement of any and all the Yarra Audio’s rights subsisting in the Yarra Audio IP;

RIGHTS 

Yarra Audio retains full ownership and copyrights of all recorded sounds, scripting, graphics, logos, themes, titles, names, technologies, musical performances, and documentation included in this product. Any unauthorized use, distribution or reproduction of the product is prohibited. 

DISCLAIMER OF WARRANTY 

The software is provided "as is", without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and noninfringement. In no event shall the authors or copyright holders be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the software or the use or other dealings in the software. 

LIMITATION OF LIABILITY.  

Under no circumstances will Owner’s liability hereunder exceed the price paid by you for the Software. 

TERM 

This license agreement is effective from the moment the product is installed. The license will be terminated if any of the terms and conditions of this EULA are broken and license will be revoked. Upon termination licensee agrees to destroy all copies and contents of the and will remain accountable to all terms and copyrights stated in this EULA. Yarra Audio retains the right to seek restitution for any and all damages incurred by violations of the EULA at the expense of licensee. 

INDEMNITY

The Licensee hereby agrees to fully, effectually, and promptly indemnify the Yarra Audio against any loss, either direct or indirect, damage or expense whatsoever which the Yarra Audio may suffer or incur in respect of:

a) any breach by the Licensee of the provisions of this Agreement; or

b) any Claim by any person against the Yarra Audio arising out of or in respect of the exploitation of the Intellectual Property by the Licensee.

RELEASE

The Licensee hereby irrevocably releases the Yarra Audio and waives all Claims which the Licensee may have in the future against the Yarra Audio, in respect of any action Claim or remedy whatsoever in any way attributable to the exploitation of the Intellectual Property by the Licensee.