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Intermorphic Tiklpak EULA for Tiklpaks GenDrums 1 & 2 (MIDI, OWt), GenElements 1 (MIDI, Synth)

last changed 11th May 2012

INTERMORPHIC TIKLPAK END USER LICENCE AGREEMENT

This Agreement is a legal document which sets out your rights and obligations, and those of Intermorphic Limited ("Intermorphic") in relation to the Intermorphic Tiklpak owned by Intermorphic and/or third party licensors and which contains a number of Noatikl templates ("Templates") licensed to run on the Noatikl and/or Mixtikl software applications ("Applications") owned by Intermorphic. You must take the time to read and understand this Agreement; by installing or using the Tiklpak you are agreeing to be bound by these terms.

From time to time and without notice to you Intermorphic may change and update this End User Licence Agreement and all documents incorporated by reference. Continued use of the Tiklpak after any such changes shall constitute your consent to such changes. A link to the most recent version of this End User Software Agreement can always be found at http://intermorphic.com/company/eula.html.

  • If you have purchased from the Intermorphic Web Store a licence for the Tiklpak for use in Desktop Applications or the Tikpak is otherwise included unlocked with a validly licenced Intermorphic Desktop Application, Intermorphic grants you a non-transferable, non-exclusive right to use the Tiklpak in valid licence-purchased Desktop versions of the Applications on one personal computer owned by you and on either a portable computer or a personal computer located at your home that is owned and used by you, provided the Tiklpak is not used at the same time on both computers.
  • If you have purchased through your iTunes store account a licence for the Tiklpak via "in-app" purchase from a valid licence-purchased Mixtikl for iPhone, iPad or iPod touch ("iDevice") or the Tikpak is otherwise included unlocked with a validly licenced Mixtikl, Intermorphic grants you a non-transferable, non-exclusive right to use the Tiklpak on iDevices synched with that iTunes store account.
  • You may modify, use and record to audio or MIDI file the Templates where allowed by the Applications and use those recordings ("Recordings") as you wish, and in Mixtikl or Noatikl you may also create your own mixtikl (or noatikl or partikl) files ("mixtikls") that reference these Templates and distribute these mixtikls as you wish provided any mixtikls you self-publish or distribute in any way comply with the Intermorphic Website Terms of Use (http://www.intermorphic.com/company/termsOfUse.html); other than Recordings and mixtikls you may NOT distribute, publish, resell or otherwise make available in any way the Templates, any underlying audio samples or the settings of such Templates or material that includes the Templates or derivatives of the Templates or include the Templates to any other person or in any competitive product, except that you may exchange Templates with friends that have already purchased a valid licence for the relevant Tiklpak that includes the Templates.
  • Not for Resale copies ("NFR Copy"): Tiklpaks labelled or otherwise provided by Intermorphic to you on a promotional basis may only be used for testing, demonstration and evaluation purposes and may not be used for any commercial or business purposes.
  • Academic Copies: Tiklpaks purchased at Educational pricing ("Educational Software") may not be used for commercial or business purposes and may only be used by an eligible Educational End User by which is meant students, faculty, staff and administration attending and/or working at an educational institutional facility.
  • If there is any conflict between the terms stated herein and the terms of your Applications' End User Licence Agreement regarding the use of the Tiklpak, the terms of this licence shall take precedence.
  • You must retain all copyright and other proprietary notices on the Tiklpak. Intermorphic and/or its licensors own all copyright and other rights in the Tiklpak, and each copy of it.
  • While Intermorphic endeavours to create compelling software products, please note that the Tiklpak is provided "as is", without warranties as to how they will perform, whether they will suit your requirements, or any other warranties or terms, including any as to their satisfactory quality or fitness for a particular purpose. All such warranties and terms are excluded to the fullest extent permitted by law. Intermorphic does not warrant that the operation of the Tiklpak will be uninterrupted or error free.
  • Neither Intermorphic nor its licensors shall have any liability to you for any loss or damage arising directly or indirectly in connection with the Tiklpak, except to the extent that such liability cannot be lawfully excluded. In any case, neither Intermorphic nor its licensors shall be liable for any loss of business, data, profits, savings, or any other special, incidental, consequential, indirect or economic loss whatsoever.
  • Nothing in this Agreement affects the statutory rights of a person dealing with Intermorphic as a consumer.

Should you have any questions concerning this Agreement you may contact legal@intermorphic.com.

Copyright 2007-2012 Intermorphic Ltd. All Rights Reserved. Intermorphic, Intermorphic Tikl, Noatikl, Liptikl, Optikl, Partikl, Mixtikl, Tiklpak and the Intermorphic, Intermorphic Tikl, Noatikl, Liptikl Optikl, Partikl, Mixtikl and Tiklpak logos are either registered trademarks or trademarks of Intermorphic Ltd. in the UK and/or other countries.