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SYNTHONIA OPEN PATCHES LICENSE AGREEMENT FOR THE SYNTHONIA USER

GENERATED SOUND-PACKS

1) Definitions

“SOPLA” means this Synthonia Open Patches License Agreement.

“OPLA” means the Open Patches License Agreement available on the

“Patches” are instruction sets, which are specific for a given synthesizer or computer software,

programmed in order to produce a desired sound on that synthesizer / software. Patches may use

only internal waveforms available on the synthesizer / software (in this case they can be considered

as open source patches, since everybody is able to see all the involved instructions and parameters

from the synthesizer internal or software editor) or they may contain sampled waveforms.

“Synthonia Open Patches” means the patches uploaded by Synthonia users on the Free Sounds area

of the Synthonia website, as well as any future updates to the programs or packages, which are

subject to OPLA.

Patches are eligible to become “ Synthonia Open Patches” if they are generated in one of the

following ways:

i. Programmed from scratch.

ii. By modifying, reworking and improving existing patches available on the Internet, provided

their original license allows to redistribute original and / or edited versions of them under a

different license.

iii. By modifying, reworking and improving other Open Patches from the Synthonia website.

iv. All of the above may only contain free and public domain samples

Commercial patches and other patches containing non-free samples are no way eligible to become

(Synthonia) Open Patches.

“Sound packs” are collections of patches, of their descriptions and user instructions which are

packed in a single file or in a fileset.

2) License

Section A – Programmer license

Please read this section carefully before uploading your sound packs on the Synthonia platform.

Please notice that by uploading your free patches on Synthonia you acknowledge your acceptance

of the terms of this agreement.

It is strictly forbidden to upload patches which are not subject to SOPLA in the Free Sounds section

of Synthonia. This explicitly excludes from uploads patches taken from commercial sound-packs,

included those available in the (commercial) “Sounds” section of Synthonia.

Synthonia Open Patches are protected by copyright laws and international copyright treaties, as well

as other intellectual properties and treaties.

By uploading your patches in Free Sounds section of Synthonia you agree that they are subject to

SOPLA and so they become Synthonia Open Patches from that moment on.

When you upload your Synthonia Open Patches you retain and do not transfer the intellectual

property of such patches to Synthonia.

By uploading your Synthonia Open Patches you grant to other Synthonia users the right to rework,

modify and improve them and upload the edited versions on Synthonia.

Section B – End User license

This agreement licenses the Synthonia Open Patches to you and contains warranty and liability

disclaimers. By installing the Synthonia Open Patches you are confirming that you have read the

terms and conditions of this agreement and you acknowledge your acceptance of the Synthonia

Open Patches as well as your acceptance of the terms of this agreement.

Synthonia Open Patches are protected by copyright laws and international copyright treaties, as well

as other intellectual properties and treaties. Synthonia Open Patches are licensed, not sold.

This SOPLA grants you the rights as specified in this document. All other means of usage are

subject to obtaining the prior written permission of the right holder: the Synthonia Open Patches

author.

- Applications: Synthonia Open Patches may only be used by you. You may install and use

Synthonia Open Patches on as many computers and synthesizers as you like, provided that:

i. Each computer/synthesizer is owned by (or leased to) and under the exclusive control of the

licensee;

ii. Any computer(s) or synthesizer(s) with Synthonia Open Patches installed shall not be sold,

rented, leased, loaned or otherwise be removed from the licensee’s possession without first

removing (uninstalling) the licensed patches, except as stated in Paragraph 3 (below)

pertaining to Synthonia Open Patches Transfer.

- Storage/Network use:

You may also store or install a copy of Synthonia Open Patches on a storage device, such as a

network server, used only to install or run Synthonia Open Patches on your other

computers/synthesizers over an internal network; however, you must acquire and dedicate a distinct

license for each user of Synthonia Open Patches from the storage device. Any given license for

Synthonia Open Patches may not be shared or used concurrently or otherwise on different

computers or by different developers in a given organization.

3) Description of Other Rights and Limitations:

A) Not for Resale: you may not sell, or otherwise transfer the unmodified Synthonia Open Patches.

B) Redistribution: You may not redistribute any of the files and/or parts of unmodified Synthonia

Open Patches packages in any way, shape, or form without the written consent of the author.

C) Rental: You may not rent, lease, or lend the unmodified Synthonia Open Patches to any party.

D) Sampling: You may sample any Synthonia Open Patches for use in both software and hardware

samplers provided that:

d1) the samples are intended for your own private musical productions (commercial or otherwise),

on hardware/software owned/used solely by the licensee;

d2) you do not sell, lend, rent, or otherwise distribute the sampled Synthonia Open Patches.

E) Software Transfer: You may not transfer, license or sublicense your rights to the Synthonia Open

Patches, as licensed to you under this agreement without prior written consent of the author.

Synthonia Open Patches may be transferred or otherwise made available to any third party only

with the prior written consent of the rights owner and provided that:

e1) The original media and license(s) are transferred together with the software

e2) The party transferring the media does not retain a copy of the media. If you decide you would

like to transfer your Synthonia Open Patches, please send an inquiry to patches@synthonia.com.

F) Editing: you have the right of edit, improve or otherwise customize the Synthonia Open Patches

provided the modified version is used by you or uploaded in the Free Sounds area of the Synthonia.

In the latter case the edited patches are subject to SOPLA.

4) Disclaimer of Liability

SYNTHONIA SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL

OR OTHER DAMAGES, EVEN IF SYNTHONIA IS ADVISED OF OR AWARE OF THE

POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT SYNTHONIA SHALL NOT BE

RESPONSIBLE OR LIABLE FOR THE LOSS OF PROFITS OR REVENUES, OR FOR

DAMAGES OR COSTS AS A RESULT OF LOSS OF TIME, DATA OR USE OF THE

SOFTWARE, OR FROM

ANY OTHER CAUSE EXCEPT THE ACTUAL COST OF THE PRODUCT. IN NO EVENT

SHALL SYNTHONIA LIABILITY WILL EXCEED THE PURCHASE PRICE OF THIS

PRODUCT.

6) Applicable Law

You agree that any and all claims, suits or other disputes arising from your use of the software shall

be determined

in accordance with the law of Italy, in the event SYNTHONIA, is made a party thereto. You agree

to submit to the jurisdiction of Italy for all actions, whether in contract or in tort, arising from your

use

or purchase of the software.

7) General

This Agreement contains the complete agreement between the parties and supersedes all prior

agreements,

whether oral or written. All questions concerning this Agreement shall be directed to:

info@synthonia.com via email.