Terms of Use

All soundsets, samples and audiodemos are copyrighted by Vengeance Sound. Reselling of any Vengeance Sound product purchased, also partially (e. g. single sounds), is prohibited.Any violation of this will be legally pursued. When ordering a Vengeance Sound product, you accept this agreement.

Avenger / CodeMeter

Avenger uses (since version 1.5.) CodeMeter as protection system. CodeMeter can either use a keyfile on your computer or (optional) be stored on a Wibu Dongle. So you do NOT need a dongle, only if you wish so. CodeMeter refreshes its license every 90 days, in that time you can use it even on computers without internet connection. After purchase you get a serial number which has to be activated at https://register.vps-avenger.com/ there you can download V-Man (our installation managment software) to install Avenger, CodeMeter and all the sound content or expansion packs

Dongle / eLicenser

In case your dongle gets broken, we will take all efforts to restore your license. However, we cannot provide you with a new license if you lost your dongle. Unfortunately it\'s impossible to find out whether a dongle really got lost or it has been given away to a friend, or even has been sold to someone else. This misuse had been tried several times already, so we kindly ask for your understanding in such a case. Be aware of this before you buy, and please take care of your dongle!

keilwerth Audio / Vengeance Software License

The use of this product indicates your understanding and acceptance of the following terms and conditions. This license shall supersede any verbal, or prior verbal or written, statement or agreement to the contrary. If you do not understand or accept these terms, or your local regulations prohibit "after sale" license agreements or limited disclaimers, you must cease and desist using this product immediately. Copyright laws supersede all local regulations. This license is a contract between you, the end-user of this software, hereinafter referred to as "THE USER", and keilwerth Audio / Vengeance , hereinafter referred to as the AUTHOR(S)", and is governed under the laws of Germany.

Copyright
This product (in whole or in part, including all files, data, and documentation, from here on referred to as PRODUCT) is Copyright 2009 keilwerth Audio / Vengeance , all rights reserved, and is protected by the United States copyright laws, international treaties and all other applicable national or international laws. This PRODUCT may not, in whole or in part, be copied, photocopied, translated, or reduced to any electronic medium or machine readable form, without prior consent in writing, from the AUTHOR(S) and according to all applicable laws. The sole owner of this PRODUCT is the AUTHOR(S).

No Warranty
The AUTHOR(S) provides absolutely no warranty. The software and information are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and usefulness of the software and information is with THE USER. Should the information prove to be incorrect and/or software not work as expected, THE USER assumes the cost of all necessary servicing, repair or correction. In no event will the AUTHOR(S) be liable to THE USER for any damages, any lost profits, lost monies, or other special, incidental or consequential damages arising out of the use or inability to use this software and/or information (including but not limited to loss of data or data being rendered inaccurate or losses sustained by third parties), even if THE USER has advised us of the possibility of such damages, or for any claim by any other party.

Restrictions
THE USER may not use, copy, modify, translate, or transfer the PRODUCT or any copy except as expressly defined in this agreement. THE USER may not attempt to unlock or bypass any copy-protection or authentication algorithm utilized by this PRODUCT. THE USER may not remove or modify any copyright notice, nor any "about" dialog or the method by which it may be invoked.

Software Licence, Sample Licence, Rights and Restrictions
1 Subject to the provisions contained in this Agreement, We hereby grant to You a personal, revocable, non-exclusive licence (the "Licence") to access, read, use and download one copy of the Licenced Materials solely for the purposes provided under paragraph 3. This is not a transfer of title.
2 Under the Licence you may not and shall not, without Our express written authorization:
- own title, or transfer title to the Licenced Materials to another party;
- transfer the Licence; remove any copyright or other proprietary notations from the Licenced Materials;
- distribute, or sublicense or otherwise provide copies of or access to the Licenced Materials to any third party;
- pledge, hypothecate, alienate or otherwise encumber the Licenced Materials to any third party;
- create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sublicense, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Licenced Materials; permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of Us or Our licensors;
- circumvent, remove, alter or otherwise impair any technological protection measures, digital rights management information, or other copy-protection mechanisms used in or by the Licenced Materials;
- or include, use, re-sample, mix, process, isolate or embed any content from the Licenced Library in any virtual instrument, audio sampling system, audio playback system or library of any kind, other than those provided or authorized by Us.
- commercially use any compositions, melodies, melody-loops, lyrics, and vocal-samples or parts hereof from any Vengeance Samples or Audio Plugin Libraries. All rights on melodies, musical compositions, lyrics, vocals, and melody-loops included in Vengeance Samples or Audio Plugin Libraries are owned by Us and are reserved.
3 We are not obligated to provide any authorization referred to in paragraph 2(2), We reserve the right to charge a fee for the grant of such authorization, and We may cancel such authorization at Our sole and unfettered discretion by providing notice to You of such cancellation.
4 The restrictions set out in this Agreement, including the restrictions listed at paragraph 2(2), shall not apply to the limited extent the restrictions are prohibited by applicable law.
5 We will have the right to inspect and enforce the restrictions and covenants contained in this Agreement at Your sole expense, and You hereby agree to promptly notify Us of any known violations of such restrictions.
6 You agree to protect the Licenced Materials from unauthorized use, reproduction, distribution or publication in electronic or physical form.
7 Upon execution of this Agreement, We will: permit You to download a copy of the Licenced Materials for Your use under this Agreement; and permit You to download updates to the Licenced Software as We consider needed. We are not obligated to provide updates for the Licenced Software.

Usage Conditions
1 You are authorized to use the Licenced Materials only for personal use.
2 You may not rent out to others equipment on which the Licenced Software is installed or by which the Licenced Library is accessible without obtaining a written rental licence from Us that expressly authorizes such use. We reserve the right to charge a fee for a rental licence.
3 You may install the Licenced Software on as many devices as required for Your personal use provided such devices are used only by You.
4 Where online activation of the Licenced Materials is required (VPS Avenger):
- you need to install the CodeMeter DRM software
- You need to have the Licenced Materials connect to Our server at least once every ninety (90) days;
- You are authorized to activate the Licenced Materials on three (3) computers at any time.
5 When Licences to upgrade to new Licenced Materials are used, You may not sell or transfer in any way Your Licence of the original Licenced Materials. Transferring Your original Licence may result in termination of your Licence of upgraded Licenced Materials.
6 We may designate the Licenced Materials "trial", "evaluation", "not for resale", or other similar designation ("NFR Version). You may install and use the NFR Version only for the period and purposes stated when we provide the NFR Version. You must not use any materials you produce with the NFR Version for any commercial purposes.
7 When the Services provide online storage, we recommend that you also back up your Content elsewhere regularly. We may create reasonable technical limits on file size, storage space, processing capacity, and other technical limits. We may suspend the Services until you are within the storage space limit associated with your account. We reserve the right to delete your Content.
8 Not all Services or service features may be available in your country. User-generated content available via the Services may not be legal or available in your country. Access to certain Services in certain countries may be blocked by Us or foreign governments. It is your responsibility to make sure your use of the Services is legal or available where you use them.
9 You are responsible for all activity that occurs via your account. Please submit a support ticket/email immediately if you become aware of any unauthorized use of your account. You may not:
- Share your account information;
- Use another persons account;
- Violating these terms may result in refusal of service and / or termination of all licences in the person's account.

Indemnification
You agree to indemnify, defend and hold Us and Our partners, lawyers, staff, affiliates, successors and assigns (collectively, Affiliated Parties) harmless from any liability, loss, claim and expense, including reasonable legal fees, related to Your violation of this Agreement or use of the Licenced Materials.

Disclaimer and Limitation of Liability
1 THE LICENCED MATERIALS ARE PROVIDED "AS IS", "AS AVAILABLE" AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE LICENCED MATERIALS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY OF THE MATERIALS. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND THE AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE LICENCED MATERIALS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
2 All responsibility or liability for any damages caused by the Licenced Materials, including, without limitation, damages caused by computer viruses or other malicious code contained within the Licenced Software is disclaimed.

Use of Information
We reserve the right, and You authorize Us, to the use and assignment of all information regarding Your use of the Licenced Materials and all information provided by You in any manner consistent with Our Privacy Policy.

Ownership and Intellectual Property Rights
1 All copyright in the Licenced Software, including any documentation, media, packaging and illustrations, but excluding the Sublicenced Software, is owned by Us. You do not acquire title to any copyright in the Licenced Materials or Sublicenced Software under this Agreement.
2 Certain logos, product names and trade-marks owned by Us or by third parties may be contained within the Licenced Materials or in documentation, media, packaging and illustrations relating to the Licensed Software. You do not acquire title to any such logos, product names or trade-marks under this Agreement.

Operating license
THE USER has the non-exclusive right to use the PRODUCT only by a single person, on a single computer at a time. If the PRODUCT permits, THE USER may physically transfer the PRODUCT from one computer to another, provided that the PRODUCT is used only by a single person, on a single computer at a time. In group projects where multiple persons will use the PRODUCT, each member of the group must purchase an individual license. Use over a local area network (within the same locale) is permitted provided that the PRODUCT is used only by a single person, on a single computer at a time.

Back-up
THE USER may make one copy of the software part of the PRODUCT solely for back-up purposes. THE USER must reproduce and include the copyright notice on the back-up copy.

Terms
This license is effective until terminated. THE USER may terminate it by destroying the complete PRODUCT and all copies thereof. This license will also terminate if THE USER fails to comply with any terms or conditions of this agreement. THE USER agrees upon such termination to destroy all copies of the software and of the documentation, or return them to the AUTHOR(S) for disposal.

Other rights and restrictions
All other rights and restrictions not specifically granted in this license are reserved by the AUTHOR(S).

Termination
1 This Agreement is effective until terminated by Us, with or without cause, in Our sole and unfettered discretion. We may terminate this Agreement without notice to You if You fail to comply with any of its terms. Any such termination by Us shall be in addition to and without prejudice to such rights and remedies as may be available to Us, including injunction and other equitable remedies.
2 The disclaimers, limitations on liability, ownership, termination, interpretation, Your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.
3 This Agreement will automatically terminate if You violate or assist in the violation of any of the restrictions of paragraph 2(2).
4 On the termination of this Agreement, you must destroy any copies of the Licenced Materials in your possession whether in electronic or printed format.

Miscellaneous
1 This Agreement shall be treated as though it were executed and performed in the province of Hessen, Germany, and shall be governed by and construed in accordance with the laws of the province of Hessen (without regard to conflict of law principles).
2 Any of Your causes of action with respect to the Licenced Materials must be instituted within six (6) months after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in paragraph 7 of this Agreement.
3 The language in this Agreement shall be interpreted as to its fair meaning and not construed strictly for or against either party. The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement.
4 All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Vancouver, British Columbia. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process.
5 Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
6 Failure of Us to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
7 You agree to review this Agreement prior to downloading, copying, installing or using the Licenced Materials. This Agreement may be amended by Us from time to time without specific advance notice to You. The latest Agreement will be provided with updates to the Licenced Software, and You should review the Agreement prior to using the Licenced Materials.
8 This Agreement, as modified from time to time as described above, and including the policies incorporated by reference, constitutes the entire and only agreement between You and Us and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Licenced Materials.
9 To the extent that anything in or associated with the Licenced Materials is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.