Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT") VERY CAREFULLY.

BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY Prominy, inc., YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.


Important Information About This Legal Contract
You agree to this User Agreement, and all of its terms and conditions, by visiting, browsing, shopping, accessing or otherwise using the Site. These terms and conditions are subject to change without prior notice at any time, in Prominy, inc. sole discretion. By visiting, browsing, shopping, accessing or otherwise using the Site after a change has been posted to the Site, the Customer accepts that change. Customers should check this User Agreement and the Privacy Notice frequently.

Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions, constitute a legal contract between you and Prominy, inc.. (References to "you" or "your" shall relate to a customer of Prominy, inc. or other party that visits, browses, shops, accesses or otherwise uses the Site (the "Customer"); references to "Prominy, inc." shall relate to Prominy, inc.. and its affiliates.) By visiting, browsing, shopping, accessing or otherwise using this site ("Site"), you acknowledge that you have read, understood, and agree to be bound by this User Agreement and comply with all applicable laws and regulations, including Japan export and re-export control laws and regulations. If you do not agree to this User Agreement, as it may be changed by Prominy, inc. from time
to time, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, Japan copyright law and international treaties. This Site is controlled and operated by Prominy, inc. from its offices within Japan. Prominy, inc. makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is not authorized. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Use Restrictions
The copyright in all material provided on this Site is held by Prominy, inc. or by the original creator of the material. None of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the permission of Prominy, inc. or the copyright owner.
All trademarks and registered trademarks are the sole property of their respective owners. Photographs courtesy of respective manufacturers.

Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PROMINY, INC. BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF PROMINY, INC. OR A PROMINY, INC. AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Privacy
Please review our Privacy Notice, which also governs your visit to this Site.

Account and Password
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

License
This license agreement is an agreement between you and Prominy. It governs your use of the sound library / sound libraries incorporated in the product supplied to you by Prominy. By downloading, installing or otherwise using the samples, ensembles, instruments, presets or any other included content, you agree to be legally bound by the terms of this license agreement.

The provided samples, instruments, and presets are the property of Prominy, and are therefore licensed to only to the purchaser who purchased this product from Prominy or authorized Prominy dealers only for use as part of a live or recorded musical performance or for use in audio and audio - visual post productions.

The terms of this license expressly forbid the resale or other distribution of this product and/or individual sound samples contained within as they exist on the disc(s) / in the file(s) or reformatted, mixed, filtered, re-synthesized, or otherwise edited, for use as sounds, multi-sounds, samples, multi-samples, programs or patches in a sampler or a sample playback unit. Selling the samples or giving them away for use by others in the form of sampling or for sample playback units or computers is strictly prohibited.

The usage of this product (in particular samples, instruments and presets) for the creation of a sound library or as a sound library for any kind of synthesizer, virtual instrument, sample library, sample-based product or other musical instrument / software / hardware is strictly prohibited. Individual samples, sound sets or audio loops may not be distributed (commercially or otherwise) standalone. Furthermore these samples, sound sets or audio may not be repackaged in whole or in part as audio samples, sound libraries or sound effects.

This license is NOT transferable. Selling this product to a third party personis is prohibited. Buying this product from a third party person is also prohibited. Prominy DOES NOT accept any registrations for a used / resold product.
Users who purchased this product from a third party person are not entitled to get supports by Prominy.

Posting these sounds electronically without written permission from Prominy is prohibited. The sound samples contained within cannot be used in any library / encyclyopedia or similar media format created for CD-Audio, CD-ROM, DVD-Audio, or DVD-ROM type products, including future mechanical media formats, without written permission from Prominy. You can obtain information about licensing by contacting Prominy.

Any problems associated with the result obtained from the recorded data contained within this package / file are the sole responsibility of the user.

This license agreement is subject to change without any notice.
If you have any questions regarding the license agreement, please contact us.


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