Sibelius Sound Set Editor License Agreement

By installing or using any component of the Software, or by registering the Product, you (an individual or legal entity) agree with the Licensor to be bound by the terms of this License which will govern your use of the Product.

The Product is copyright © 2008 Sibelius Software, a division of Avid Technology, Inc, and its licensors.


In this License the following words and expressions have the following meanings:

"Documentation": the Sound Set Editor User Guide and any other documentation relating to the Software supplied to you in any form by the Licensor or with the Software.

"License": this agreement between you and the Licensor and, if permitted by the context, the conditional license granted to you in this agreement.

"Licensor": Avid Technology, Inc., of Avid Technology Park, One Park West, Tewksbury, MA 01876 USA, through its division Sibelius Software, of 20-23 City North, Fonthill Road, London N4 3HF, UK

"Product": the Software and the Documentation.

"Single Copy": a Product provided for use on a single computer terminal.

"Software": Sibelius Sound Set Editor

2. License

2.1 (1) The Licensor grants to you a non-exclusive non-transferable license to use the Software in accordance with the Documentation.

(2) You may install and use the Software on any number of computers.

(3) Title to the Product is not transferred to you. Ownership of the Product remains vested in the Licensor and its licensors, subject to the rights granted to you under this License. All other rights are reserved.

2.2 You may make one printout for your own use of any part of the Documentation provided in electronic form. You shall not make or permit any third party to make any further copies of any part of the Product whether in eye or machine-readable form.

2.3 You shall not, and shall not cause or permit any third party to, translate, enhance, modify, alter, adapt or create derivative works based on the Product or any part of it for any purpose (including without limitation for the purpose of error correction), or cause the whole or any part of the Product to be combined with or incorporated into any other program, file or product for any purpose, except as expressly permitted by the Documentation.

2.4 You shall not, and shall not cause or permit any third party to, decompile, decode, disassemble or reverse engineer the Software in whole or in part for any purpose.

3. Copyright

3.1 You acknowledge that copyright in the Product as a whole and in the components of the Product as between you and the Licensor belongs to the Licensor or its licensors and is protected by copyright laws, national and international, and all other applicable laws. Further details of the ownership of all copyright in the components of the Product are set out in the Product.

4. Liability of the Licensor

4.1 The Licensor shall not be liable for any claim arising from:

(1) any failure or malfunction resulting wholly or to any material extent from your negligence, operator error, use other than in accordance with the Documentation or any other misuse or abuse of the Product;

(2) any loss of or corruption to any data, however caused, where such loss or corruption could have been avoided or corrected or substantially reduced if you had taken and retained in a secure place appropriate backup copies;

(3) the decompilation or modification of the Software or its merger with any other program or any maintenance repair adjustment alteration or enhancement of the Software by any person other than the Licensor or its authorized agent;

(4) the failure by you to implement recommendations previously advised by the Licensor in respect of, or solutions for faults in, the Product;

(5) any loss or damage whatsoever resulting from any omissions or inaccuracies in any information or data contained in the Product.

(6) Except as otherwise expressly provided in Section 4.1, all conditions, warranties, terms representations and undertakings express or implied, statutory or otherwise in respect of the Product are hereby expressly excluded.

(7) Except as expressly provided in Section 4.1, the Licensor shall have no liability to you for loss of profits, revenue or goodwill or any type of special, indirect or consequential loss (including loss or damages suffered by you as a result of an action brought by a third party) whether such loss is caused by the Licensor's breach of its contractual obligations hereunder or any negligence or other tortious act or omission.

(8) The Licensor's entire liability for breach of its covenants and warranties in this License and for any defect or errors in the Product shall (except as expressly provided in Section 4.1) be limited to the price paid by you for the Product.

5. Termination

5.1 This License shall terminate automatically upon your destruction of the Product. In addition, the Licensor may elect to terminate this License in the event of a material breach by you of any condition of this License or of any of your representations, warranties, covenants or obligations hereunder. Upon notification of such termination by the Licensor, you will immediately delete all copies of the Software from your computer(s), destroy any other copies of the Product or any part thereof, and return the Product to the Licensor.

6. Miscellaneous

6.1 No failure to exercise and no delay in exercising on the part of the Licensor of any right, power or privilege arising hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies of the Licensor in connection herewith are not exclusive of any rights or remedies provided by law.

6.2 You may not distribute, loan, sub-license, rent, lease (including without limitation renting or leasing a computer on which the Product is installed) or otherwise transfer the Product to any third party without the Licensor's prior written consent, which the Licensor may grant, condition or withhold in the Licensor's sole discretion.

6.3 You agree to provide accurate personal data when registering the Product and to the use of this data in accordance with the Licensor’s privacy policy (available from the Licensor or on which may change from time to time.

6.4 This License is intended by the parties hereto to be a final expression of their agreement with respect to the subject matter hereof and a complete and exclusive statement of the terms of such agreement. This License supersedes any and all prior understandings, whether written or oral, between you and the Licensor relating to the subject matter hereof.

6.5 (This section only applies if you are resident in the European Union:) This License shall be construed and governed by the laws of England, and both parties agree to submit to the exclusive jurisdiction of the English courts.

6.6 (This section only applies if you are not resident in the European Union:) This License shall be construed and enforced in accordance with and governed by the laws of the State of California. Any suit, action or proceeding arising out of or in any way related or connected to this License shall be brought and maintained only in the United States District Court for the Northern District of California, sitting in the City of San Francisco. Each party irrevocably submits to the jurisdiction of such federal court over any such suit, action or proceeding. Each party knowingly, voluntarily and irrevocably waives trial by jury in any suit, action or proceeding (including any counterclaim), whether at law or in equity, arising out of or in any way related or connected to this License or the subject matter hereof.

(Sibelius Sound Set Editor: License v1.1.15, 15 May 2008)