199 lines
9.1 KiB
Plaintext
199 lines
9.1 KiB
Plaintext
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FMOD END USER LICENCE AGREEMENT
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===============================
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This End User Licence Agreement (EULA) is a legal agreement between you and
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Firelight Technologies Pty Ltd (ACN 099 182 448) (us or we) and governs your
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use of FMOD Studio and FMOD Engine, together the Software.
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1. GRANT OF LICENCE
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1.1 FMOD Studio
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This EULA grants you the right to use FMOD Studio, being the desktop
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application for adaptive audio content creation, for all use, including
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Commercial use, subject to the following:
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i. FMOD Studio is used to create content for use with the FMOD Engine
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only;
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ii. FMOD Studio is not redistributed in any form.
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1.2 FMOD Engine
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This EULA grants you the right to use the FMOD Engine, 'FMOD Ex' or 'FMOD 3'
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being the run-time engines for adaptive audio playback, without payment, for
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personal (hobbyist), educational (students and teachers) or Non-Commercial use,
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subject to the following:
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i. FMOD Engine is integrated and redistributed in a software application
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(Product) only;
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ii. FMOD Engine is not distributed as part of a game engine or tool set;
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iii. FMOD Engine is not used in any Commercial enterprise or for any
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Commercial production or subcontracting, except for the purposes of
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Evaluation or Development of a Commercial Product;
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iv. Non-Commercial use does not involve any form of monetisation,
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sponsorship or promotion;
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v. Product includes attribution in accordance with Clause 3.
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This EULA grants you the right to use FMOD Engine, for limited Commercial
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use, subject to the following:
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i. Development budget of the project is less than $600k USD (Refer to
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https://www.fmod.com/licensing#licensing-faq) for information);
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ii. Total gross revenue / funding per year for the developer, before
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expenses, is less than $200k USD (Refer to
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https://www.fmod.com/licensing#licensing-faq for information);
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iii. FMOD Engine is integrated and redistributed in a game application
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(Product) only;
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iv. FMOD Engine is not distributed as part of a game engine or tool set;
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v. FMOD Engine is not distributed as part of a Product with the intent
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to be commercially exploited by another business or institution;
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vi. Project is registered in your profile page at
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https://www.fmod.com/profile#projects;
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vii. Product includes attribution in accordance with Clause 3.
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This EULA does not grant you the right to use 'FMOD Ex' or 'FMOD 3', for
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Commercial use. A custom commercial license must be acquired from Firelight
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Technologies by contacting sales@fmod.com.
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1.3 FMOD SDK
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This EULA grants you the right to use the FMOD SDK, interfacing either 'FMOD
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Engine', 'FMOD Ex' or 'FMOD 3', comprising the programming interface
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specification, documentation and examples subject to the following:
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i. FMOD SDK is used to develop a software application using the FMOD
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Engine;
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ii. FMOD SDK is used to develop an external DSP, Output or Codec plugin;
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iii. FMOD SDK files are not be distributed with the exception of the FMOD
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Engine run-time libraries (.DLL, .SO for example).
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1.4 FMOD example code and media
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This EULA grants you the right to use FMOD example code, being all or snippets
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of source code files located in the FMOD API examples folder and scripting
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examples in the documentation, for all use, including Commercial use, subject
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to the following:
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i. Media files included in FMOD examples, including wav, ogg, mp3, fsb
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and bank files, are not to be redistributed.
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2.OTHER USE
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For all Commercial use, and any Non Commercial use not permitted by this
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license, a separate license is required. Refer to www.fmod.com/licensing for
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information.
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3. CREDITS
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All Products require an in game credit line which must include the words “FMOD”
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and “Firelight Technologies Pty Ltd.” Refer to www.fmod.com/attribution for
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examples.
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4. INTELLECTUAL PROPERTY RIGHTS
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We are and remain at all times the owner of the Software (including all
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intellectual property rights in or to the Software). For the avoidance of doubt,
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nothing in this EULA may be deemed to grant or assign to you any proprietary or
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ownership interest or intellectual property rights in or to the Software other
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than the rights licensed pursuant to Clause 1.
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You acknowledge and agree that you have no right, title or interest in and to
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the intellectual property rights in the Software.
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5. SECURITY AND RISK
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You are responsible for protecting the Software and any related materials at all
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times from unauthorised access, use or damage.
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6. WARRANTY AND LIMITATION OF LIABILITY
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The Software is provided by us “as is” and, to the maximum extent permitted by
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law, any express or implied warranties of any kind, including (but not limited
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to) all implied warranties of merchantability and fitness for a particular
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purpose are disclaimed.
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In no event shall we (and our employees, contractors and subcontractors),
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developers and contributors be liable for any direct, special, indirect or
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consequential damages whatsoever resulting from loss of data or profits, whether
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in an action of contract, negligence or other tortious conduct, arising out of
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or in connection with the use or performance of the Software.
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7. OGG VORBIS CODEC
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FMOD uses the Ogg Vorbis codec © 2002, Xiph.Org Foundation.
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Redistribution and use in source and binary forms, with or without modification,
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are permitted provided that the following conditions are met:
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i. Redistributions of source code must retain the above copyright notice,
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the list of conditions and the following disclaimer.
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ii. Redistributions in binary form must reproduce the above copyright
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notice, this list of conditions and the following disclaimer in the
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documentation and/or other material provided with the distribution.
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iii. Neither the name of the Xiph.org Foundation nor the names of its
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contributors may be used to endorse or promote products derived from this
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software without specific prior written permission.
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THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND
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CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES,
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INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
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MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
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IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR
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ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
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CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT
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OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
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BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
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LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
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NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
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SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
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8. RESONANCE AUDIO SDK
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FMOD includes Resonance Audio SDK, licensed under the Apache Licence, Version
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2.0 (the Licence); you may not use this file except in compliance with the
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License. You may obtain a copy of the License at:
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http://www.apache.org/licenses/LICENSE-2.0
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Unless required by applicable law or agreed to in writing, software distributed
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under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR
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CONDITIONS OF ANY KIND, either express or implied. See the License for the
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specific language governing permissions and limitations under the License.
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8. ANDROID PLATFORM CODE
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Copyright (C) 2010 The Android Open Source Project All rights reserved.
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Redistribution and use in source and binary forms, with or without modification,
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are permitted provided that the following conditions are met:
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* Redistributions of source code must retain the above copyright notice,
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this list of conditions and the following disclaimer.
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* Redistributions in binary form must reproduce the above copyright notice,
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this list of conditions and the following disclaimer in the documentation
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and/or other materials provided with the distribution.
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THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
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"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
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LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
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FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE
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COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
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INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
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BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS
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OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED
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AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
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OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT
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OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
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SUCH DAMAGE.
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9. AUDIOMOTORS DEMO CONTENT
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The audiogaming_audiomotors_demo_engine.agp file is provided for evaluation
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purposes only and is not to be redistributed. AudioMotors V2 Pro is required to
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create your own engine content. Refer to https://lesound.io for information.
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---------------------------
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Last updated 17th Jun 2024.
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