VOX Continental V - Audio software Arturia - Free user manual and instructions

USER MANUAL VOX Continental V Arturia

4.4.11.1 Omni mode vs. “MIDI Channel = All”

In consideration of payment of the Licensee fee, which is a portion of the price you paid, Arturia, as Licensor, grants to you (hereinafter termed "Licensee") a nonexclusive right to use this copy of the VOX Continental V program (hereinafter the “SOFTWARE”). All intellectual property rights in the software belong to Arturia SA (hereinafter: "Arturia"). Arturia permits you only to copy, download, install and use the software in accordance with the terms and conditions of this Agreement. The product contains product activation for protection against unlawful copying. This system is known as eLicenser and permits a permanent use of the software only after the activation process has been totally completed. The software can be used only together with the eLicenser dongle (dongle) and/or the Soft-eLicenser; the OEM software can be used only following registration. Internet access is required for the activation process. The terms and conditions for use of the software by you, the end user appear below. By installing the software on your computer you agree to these terms and conditions. Please read the following text carefully in its entirety. If you do not approve these terms and conditions, you must not install this software. In this event give the product back to where you have purchased it (including all written material, the complete undamaged packing as well as the enclosed hardware) within 30 days in return for a refund of the purchase price.

1. Software Ownership

Arturia shall retain full and complete title to the SOFTWARE recorded on the enclosed disks and all subsequent copies of the SOFTWARE, regardless of the media or form on or in which the original disks or copies may exist. The License is not a sale of the original SOFTWARE.

• Arturia grants you a non-exclusive license for the use of the software according to the terms and conditions of this Agreement. You may not lease, loan or sublicense the software.

• If the software is protected by the eLicenser dongle alone, you may install a license for the software on one or at most 3 computers which are in your possession. The software may be used only on one of the computers at the same time by using the Arturia key.

• If the software is protected by the Soft eLicenser (alone or together with the Arturia key) or has been sold to the first end user together with other software and/or hardware (hereinafter: "OEM software"), you may install and use a license for the software only on one computer which is in your possession. Purchasing an eLicenser dongle makes it easily possible to use the software on three computers if needs occur.

• The use of the software within a network is illegal where there is the possibility of a contemporaneous multiple use of the program.

• You are entitled to prepare a backup copy of the software which will not be used for purposes other than storage purposes.

• You shall have no further right or interest to use the software other than the limited rights as specified in this Agreement. Arturia reserves all rights not expressly granted.ARTURIA Vox Continental V: Guide de l’utilisateur -49- 6 END USER LICENSE AGREEMENT

3. Activation of the Software

• Arturia may use a compulsory activation of the software and a compulsory registration of the OEM software for license control to protect the software against unlawful copying. If you do not accept the terms and conditions of this Agreement, the software will not work.

• In such a case the product including the software may only be returned within 30 days following acquisition of the product. Upon return a claim according to §11 shall not apply.

4. Support, Upgrades and Updates after Product Registration

• You can only receive support, upgrades and updates following the personal product registration. Support is provided only for the current version and for the previous version during one year after publication of the new version. Arturia can modify and partly or completely adjust the nature of the support (hotline, forum on the website etc.), upgrades and updates at any time.

• The product registration is possible during the activation process or at any time later through the Internet. In such a process you are asked to agree to the storage and use of your personal data (name, address, contact, email-address, and license data) for the purposes specified above. Arturia may also forward these data to engaged third parties, in particular distributors, for support purposes and for the verification of the upgrade or update right.

5. License module (eLicenser Key and/or Soft eLicenser)

• Arturia uses a hardware device connected through the USB connection of a computer, the "eLicenser dongle" and/or a protection scheme, the "Soft eLicenser" for license control (hardware and/or virtual dongle). The eLicenser dongle and/or Soft eLicenser permanently saves the license information and regulates access to the software. If a eLicenser dongle is required for the use of the software, then the eLicenser dongle must be connected physically to the computer through the USB interface.

• For the activation of the software, updates or upgrades of the software the computer which is connected to the Arturia key and/or using the Soft eLicenser or using the OEM software must be connected to the server of SIA eLicenser through the Internet. If the product was delivered with the eLicenser dongle, the license information was already transferred to the eLicenser dongle. If the product was delivered with a product card (without the eLicenser dongle), the activation codes of the enclosed product card must be entered manually by the user upon installation and the license information must be exchanged with the server of SIA eLicenser.

• In the event of OEM software, the activation codes will be send to an email-address submitted by you during a registration and must be entered manually by the user upon installation and the license information must be exchanged with the server of SIA eLicenser.

• The reinstallation of the software -on the same or another computer -is permitted only in case the already installed software cannot be used any more (e.g. following deinstallation). If the software does not use an eLicenser dongle, the new activation codes may be obtained from the users online account for support created during the personal product registration. Further, the activation codes must be entered manually by the user upon installation and the license information must be exchanged with the server of SIA Steinberg. Arturia may require for the provision of further activation codes e.g. your proof of purchase (invoice, receipt) and a signed assurance by fax or letter stating your name, address and that the already installed software cannot be used any more.ARTURIA Vox Continental V: Guide de l’utilisateur -50- 6 END USER LICENSE AGREEMENT

• You can also use another computer other than the one on which the software is to be installed for the activation and transfer of license data to the eLicenser dongle, if the software is using an eLicenser dongle. However, in such a case a corresponding access software (eLicenser Control Center, "eLC") must be installed on the computer connected to the Internet, which is subject to a separate licensing agreement.

6. Defect and loss of the eLicenser dongle

• In the case of a defect or damage to the eLicenser dongle Arturia or a third party engaged by Arturia will check the eLicenser dongle. In the case of a legitimate claim the eLicenser dongle and the licenses included shall be replaced in return for a handling fee. The licenses will only be replaced provided that they are licenses issued by Arturia. Further claims against Arturia are excluded.

• Arturia assumes no liability or obligation if the eLicenser dongle is mislaid as a result of loss, theft or otherwise. Arturia reserves the right to block the licenses saved on the eLicenser dongle upon being notified by the registered user of the loss. The licenses saved on the eLicenser dongle cannot be replaced.

• The software usually contains a variety of different files which in its configuration ensure the complete functionality of the software. The software may be used as one product only. It is not required that you use or install all components of the software. You must not arrange components of the software in a new way and develop a modified version of the software or a new product as a result. The configuration of the software may not be modified for the purpose of distribution, assignment or resale.

• You may also not sell the eLicenser dongle separately as a license; the usage rights always remain with the software, in particular with the original software data carrier (e.g. CD).

8. Assignment of rights

• You may assign all your rights to use the software to another person subject to the conditions that (a) you assign to this other person (i) this Agreement and (ii) the software or hardware provided with the software, packed or preinstalled thereon, including all copies, upgrades, updates, backup copies and previous versions, which granted a right to an update or upgrade on this software, (b) you do not retain upgrades, updates, backup copies und previous versions of this software and (c) the recipient accepts the terms and conditions of this Agreement as well as other regulations pursuant to which you acquired a valid software license.

• A return of the product due to a failure to accept the terms and conditions of this Agreement, e.g. the product activation, shall not be possible following the assignment of rights.

9. Upgrades and updates

• You must have a valid license for the previous or more inferior version of the software in order to be allowed to use an upgrade or update for the software. Upon transferring this previous or more inferior version of the software to third parties the right to use the upgrade or update of the software shall expire.

• The acquisition of an upgrade or update does not in itself confer any right to use the software.ARTURIA Vox Continental V: Guide de l’utilisateur -51- 6 END USER LICENSE AGREEMENT

• The right of support for the previous or inferior version of the software expires upon the installation of an upgrade or update.

10. Limited warranty

Arturia warrants that the disks on which the software is furnished to be free from defects in materials and workmanship under normal use for a period of thirty (30) days from the date of purchase. Your receipt shall be evidence of the date of purchase. Any implied warranties on the software are limited to thirty (30) days from the date of purchase. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. All programs and accompanying materials are provided “as is” without warranty of any kind. The complete risk as to the quality and performance of the programs is with you. Should the program prove defective, you assume the entire cost of all necessary servicing, repair or correction.

Arturia's entire liability and your exclusive remedy shall be at Arturia's option either (a) return of the purchase price or (b) replacement of the disk that does not meet the Limited Warranty and which is returned to Arturia with a copy of your receipt. This limited Warranty is void if failure of the software has resulted from accident, abuse, modification, or misapplication. Any replacement software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

12. No other warranties

The above warranties are in lieu of all other warranties, expressed or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. No oral or written information or advice given by Arturia, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this limited warranty.

13. No liability for consequential damages

Neither Arturia nor anyone else involved in the creation, production, or delivery of this product shall be liable for any direct, indirect, consequential, or incidental damages arising out of the use of, or inability to use this product (including without limitation, damages for loss of business profits, business interruption, loss of business information and the like) even if Arturia was previously advised of the possibility of such damages. Some states do not allow limitations on the length of an implied warranty or the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Includes Kiss FFT library copyright © 2003-2010 Mark Borgerding All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Neither the author nor the names of any contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.