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