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SERATO - USER LICENSE AGREEMENT ("License Agreement")

Serato Limited ("Serato") and its licensor(s) own the Serato software products and Serato applications, and all intellectual property in Serato software products and applications that are offered by Serato whether purchased through a third party source, downloaded from Serato.com or included in an independent piece of hardware ("The Software").  By installing or using the Software, you agree to the terms of this License Agreement.

  1. Grant of License: Provided you have acquired the Software by lawful means, Serato grants you a perpetual, non-exclusive, personal license ("License") to install and use the Software being installed by this installer on the terms of this License Agreement.

The specific number of activations granted by this License are limited according to the particular Software installed. If you wish to activate and use the Software on another computer you may be required to first deactivate a prior activation. 

Where, as part of the Software installation process, software owned by third parties ("Third Party Software") is installed on your computer, the relevant third party license agreement or terms will apply, and this License Agreement does not apply to it.

Any content accessed or used through the Software belongs to the relevant owner(s).  The only rights to any content granted by this License are those in respect of the Sound Content set out in clause 11.  This License does not grant you any other rights to content owned by others.  It is your responsibility to ensure that you have cleared all necessary rights to any other content. 

  1. Ownership:  You acknowledge that Serato and its licensor(s) are and remain the owners of the intellectual property in the Software. You are granted no other rights to the Software other than those expressly conferred by this License Agreement.

  2. Copying and Disposal of Software:  You must not copy, alter, modify, reproduce, reverse engineer, reverse assemble or reverse compile the Software or any part of it or any related materials, or permit any other person to do so, except that you may make one copy of the Software for genuine back-up purposes.

As this License is a personal license to you, you may not transfer, sell or otherwise assign your License, in part or in its entirety to any other person. The transfer by you of any hardware that includes the Software will require the recipient of the hardware to enter into their own personal license agreement with Serato prior to using the Software. 

  1. No Implied Warranties:  Except for any written representation, warranty, term or condition addressed to you and signed by Serato, you acknowledge that Serato gives no warranties in relation to the Software, either express or implied, including but not limited to, any implied warranties relating to quality, fitness for any particular purpose or ability to achieve a particular result. You acknowledge that:

(a) you do not enter into this License Agreement in reliance on any representation, warranty, term or condition, except for any written representation, warranty, term or condition addressed to you and signed by Serato; and

(b) any conditions, warranties or other terms implied by statute or common law are excluded from this License Agreement to the fullest extent permitted by law.

  1. Indemnity:  You indemnify Serato against all claims, losses, costs (including legal costs as between solicitor and client), expenses, demands or liability that we incur arising out of, or in connection with, your use of the Software, the Third Party Software, the Sound Content and any External Applications.  Furthermore you indemnify Serato against all claims, losses, costs (including legal costs as between solicitor and client), expenses, demands or liability that we incur arising out of, or in connection with your breach of the License and/ or any term contained in this License Agreement, your breach of any terms applicable to any Sound Content, External Applications and/or Third Party Software.  

  2. Exclusion of liability:  In no event will Serato be liable (whether in contract, tort including negligence, or otherwise) to you for:

(a) any claim for damages, or any other monetary remedy, under this License Agreement or relating to the Software, the Sound Content, External Applications and / or Third Party Software, including but not limited to a claim for:

 (i) loss of revenue and/or profit, loss of anticipated savings, loss of goodwill or opportunity, loss of production, loss or corruption of data or wasted management or staff time; or

(ii) loss, damage, cost or expense of any kind whatsoever that is indirect, consequential, or of a special nature, arising directly or indirectly out of this License or the Software, even if Serato had been advised of the possibility of such damages, and even if such loss, damage, cost or expense was reasonably foreseeable by Serato;

(b) any loss whatsoever brought about through your installation or use of Third Party Software.

  1. Exclusions subject to law:  Nothing in this License Agreement will operate, or is intended to operate, to limit or exclude any liability or obligation of Serato to the extent that such liability or obligation cannot be limited or excluded under applicable law.

  2. External Content and Applications: To the extent that any feature of Software allows output to or use with any external content, service or application ("External Content and Applications"), you must ensure that your use complies with any relevant terms for use of that content, service or application as well as any applicable laws, in addition to the terms of the License and this License Agreement. You shall not use any feature of the Software, Sound Content, Third Party Software or External Applications to infringe the rights of any person or other applicable laws including all intellectual property laws.  Furthermore, you agree not to undertake any action to circumvent or modify, or attempt to circumvent or modify any restrictions if embedded into the Software or Third Party Software, Sound Content or External Applications including for the purpose of infringing any person's intellectual property or other rights.

  3. Updates: Where you operate the feature of the Software that checks for updates, you agree that:

(a) the terms of this License Agreement will also apply to the updates and/or the Software as modified by the updates; and

(b) the feature may send information, including information about the configuration of the Software, to Serato's servers, and Serato may collect and use that information for its business purposes.

The Serato Privacy Policy <http://sera.to/-b6dq\> will apply to your use of the feature of the Software that checks for updates.

  1. Consent to collection and use of data: You agree that Serato may collect, process and use personal information that you supply as part of your user profile or interactions with our products and services, including your name(s), addresses and contact details, payment details, user-uploaded content that is linked to your profile, and technical, diagnostic and related information, including information about your computer and systems, the Software and peripherals, and their usage. This data is for Serato business purposes including providing and improving Serato's products and services, to facilitate the provision of software updates, product support, marketing and other services to you related to the Software.  In accessing Serato's website, including via the Software, you also consent to our use of HTTP cookies.

In some circumstances you can choose not to provide personal information to Serato, but if you choose not to do so, the functionality provided by the Software may be limited or it may be unable to function, in whole or in part, and we may not be able to provide you with our products or services connected with the Software, or respond to any queries you may have. 

Collection and use of this data and any personal information you provide us through the Software and/ or through our use of cookies on the Serato website is governed by the Serato Privacy Policy <http://sera.to/-b6dq\> and Cookie Policy <http://sera.to/-b6dr\> available on Serato's website and any substitute pages, as updated from time to time. These pages also provide information on when and how you can opt out of data collection. By using the Software you agree to the data collection terms contained in this licence agreement as well as the Cookie Policy <http://sera.to/-b6dr\> and  the Privacy Policy <http://sera.to/-b6dq\>.

In the event of an inconsistency between Serato's Privacy Policy <http://sera.to/-b6dq\>, Cookie Policy <http://sera.to/-b6dr\>, and these terms:

(a) You agree that you will consent to the collection, processing and use of personal information wherever required by any of the above;

(b) The terms of this License Agreement will otherwise prevail.

  1. Sound Content: The Software may contain or be accompanied by audio files such as  audio loops, samples, sounds, and instruments("Sound Content") for the purposes of enabling you to combine the Sound Content with other audio files using the Software. The Sound Content is proprietary to Serato and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright.  As part of lawfully acquiring the Software and entering this License Agreement you are granted a non-exclusive, non-transferrable, royalty-free, worldwide and perpetual licence to copy, sample, modify, alter, publish, make derivative works from, distribute, publicly perform and / or communicate Sound Content, on the condition that:

(a) you may not use the Sound Content in isolation as sound effects or as loops (i.e. a sequence of musical events) or in any products that are sold or relicensed to multiple third parties potentially in competition with Serato and/or the Sound Content licensor(s);

(b) you may not use the Sound Content as machine learning/ AI training content;

(c) resale, copy, duplication, rental, loan, gift or transfer of the Sound Content in any format via any medium is strictly prohibited.  Sound Content may not be individually or collectively, commercially or otherwise distributed on a standalone basis by you, nor may it be repackaged in whole or in part as audio samples, sound libraries, sound effects, or similar assets; and

(d) you are not permitted to transfer the Sound Content or place them in a time-sharing or service bureau operation or a computer/sampler network, electronically or otherwise.

  1. Third Party Software: Portions of the Software use or incorporate third party software and other copyright material that are subject to the acknowledgements and terms set out in the relevant part of the Software Legal Notices <http://sera.to/-b6ds\>.  By using the Software you specifically agree to abide by all terms and conditions and licenses relating to the third party software. 

  2. Governing law: This License Agreement will take effect as a contract made under, and be governed by, New Zealand law.  The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this License Agreement or the Software. You submit to the non-exclusive jurisdiction of the New Zealand courts.

Should you have any questions concerning this License Agreement, or if you desire to contact Serato for any reason, please write to: Serato Limited, Private Bag 92015, AMSC, Auckland 1142, New Zealand or email Serato at legal@serato.com.