Terms of service

Safari Audio - License Agreement SaaS

Subscription to the Service

Please read this entire agreement. By accepting this agreement or by using the Service (as defined below), you agree to all of these terms. If you do not accept and comply with these terms, you may not use the Service or its features.

Subject to the terms and conditions of this Agreement, Safari Audio Ltd. (“Company”) hereby grants you (the “Customer”) a limited, worldwide, non-exclusive, non-sublicensable, non-transferable (except as set forth below) and revocable right to remotely access (i.e. on a SaaS basis) the Company’s software-as-a-service (together with any other software, Documentation and materials provided by Company, the "Service") during the “Subscription Term” (as specified in the Order Form), solely for Customer's internal purposes (collectively, the "Subscription"), and to download an evaluation copy of the plugin or the other software offered by the Company. Unless otherwise indicated, the term "Subscription" also includes any manual or documentation ("Documentation") provided or made available to Customer in connection with the operation of the Service. Customer may use the Service subject to the use limitations specified in this Agreement and the respective Order Form. All rights in the Service not explicitly granted to Customer in connection with the Service shall remain with Company.

The evaluation period for the Service is a period of fourteen (14) days commencing on the first day of using the Service and automatically expiring 14 days thereafter (the “Evaluation Period”). After the Evaluation Period has expired and no Safari Audio license key has been acquired, the Service (and the software therein) will stop working and should be removed from your computer.

In addition to any rights that Company may have by law, Company may terminate without prior notice or warning in case of abuse of the Service as well as in case of (personal) bankruptcy.

If you wish to keep using the plug-in  and other downloaded software after the 14-day evaluation period (the “Evaluation Period”), you need to subscribe for access to the software. Click “Buy Now” in the evaluation dialog that appears when starting the plug-in to go to the online tuned plugins where you can subscribe to your copy.

Applicability

This Subscription Agreement applies to the Service, and any other Safari Audio plug-ins and software you may use during the Evaluation Period, and/or thereafter subject to an acquired license key to certain software included in the Service, including any and all upgrades, supplements or services, unless other terms come with such versions, upgrades or supplements.

Subscriptions

The Customer subscribes to the Service, and the Customer subscribes and is given access to the software, which is not sold to the Customer. With the Company license key, you will, subject to payment in full of any amounts due, be granted the right in perpetuity to install, run and use the downloadable software included in the Service, and to access the other parts of the Service during the Subscription Term. (Note that, notwithstanding any other provision herein or in the Order Form, the Subscription Term may be terminated by either party on thirty (30) days’ notice if Customer is not providing payment for the Subscription. 

These conditions vary subject to the type of Subscription, which currently include the following:

1. A Personal Subscription grants access to the Service on an unlimited number of devices, as long the Subscription is used by the designated person who acquired the license key (“Named Subscriber”). Usage by someone other than the Named Subscriber is prohibited. The Customer must at all times protect its license key from theft and/or abuse.

2. A NFR ("Not For Resale") Subscription is solely for individuals who are journalists who wish to review the Service. 

Support

Company shall make reasonable commercial efforts to provide support and maintenance for the Service, including by email. Company is entitled to reduce or terminate support at any time at its sole discretion.

Restrictions

As a condition to the Subscription, and except as expressly permitted otherwise under this Agreement, Customer shall not engage in (or permit or encourage to be done) any of the following restrictions (in whole or in part): (a) copy, "frame" or "mirror" the Service; (b) sell, assign, transfer, lease, rent, grant access, or otherwise distribute or make available the Service to any third party (such as offering it as part of a time-sharing, outsourcing or service bureau environment); (c) publicly perform, display or communicate the Service; (d) modify, alter, adapt, arrange, or translate the Service; (e) decompile, disassemble, decrypt, reverse engineer, extract, or otherwise attempt to discover the source code or non-literal aspects (such as the underlying structure, sequence, organization, file formats, non-public APIs, ideas, or algorithms) of, the Service; (f) remove, alter, or conceal any proprietary rights notices displayed on or in the Service; (g) circumvent, disable or otherwise interfere with security-related or technical features or protocols of the Service; (h) make a derivative work of the Service, or use it to develop any service or product that is the same, or substantially similar to, or competitive with, it; (i) store or transmit any robot, malware, Trojan horse, spyware, or similar malicious item intended (or that has the potential) to damage or disrupt the Service; or (j) take any action that imposes or may impose (as determined in Company’s reasonable discretion) an unreasonable or disproportionately large load on the servers, network, bandwidth, or other cloud infrastructure which operate or support the Service, or otherwise systematically abuse or disrupt the integrity of such servers, network, bandwidth, or infrastructure.

Transferring Your Subscription

A Personal Subscription (but not NFR) may be transferred to a third party. You will have to pay for a Subscription Transfer to activate the ìtransferî-option in your Safari Audio account. After this option has been activated you will be able to transfer your Subscription to any third party.

Third Party Software

The Service contains third-party software from the following companies. VST is a trademark of Steinberg Media Technologies GmbH. RTAS and AAX are trademarks of Avid Technology, inc. Audio Units is a trademark of Apple Computer, inc.

Intellectual Property

As between the Parties, Company is, and shall be, the sole and exclusive owner of all intellectual property rights in and to: (a) the Service and all related software and intellectual property; and (b) any and all improvements, derivative works, and/or modifications of/to the foregoing, regardless of inventorship or authorship. Customer shall make, and hereby irrevocably makes, all assignments necessary or reasonably requested by Company to ensure and/or provide Company the ownership rights set forth herein. Company shall be entitled to modify the Service. Nothing herein constitutes a waiver of Company’s intellectual property rights under any law.

Feedback

If Company receives any feedback (which may consist of questions, comments, suggestions or the like) regarding the Service (collectively, "Feedback"), all rights, including intellectual property rights, in such Feedback shall belong exclusively to Company and such shall be considered Company's Confidential Information. Customer hereby irrevocably and unconditionally transfers and assigns to Company all intellectual property rights it has in such Feedback and waives any and all moral rights that Customer may have in respect thereto. It is further understood that use of Feedback, if any, may be made by Company at its sole discretion, and that Company in no way shall be obliged to make use of the Feedback.

Disclaimer and Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY, AUTHORS OF THE SERVICE, SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL OPERATE ERROR-FREE OR UNINTERRUPTED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE THE SERVICE MAY CAUSE OR DAMAGES THAT MAY ARISE OUT OF THE USE OF THE SERVICE OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN NO EVENT WILL THE COMPANY BE LIABLE FOR AN AMOUNT IN EXCESS OF ONE HUNDRED NEW ISRAELI SHEKELS.

Applicable Law

This agreement is governed by Israeli law, without referencing principles or laws relating to choice of law. The Parties agree that the courts located in Tel Aviv-Yafo, Israel shall have exclusive jurisdiction to rule on any dispute that may arise from this agreement. Notwithstanding the foregoing, each Party may seek equitable relief in any court of competent jurisdiction in order to protect its proprietary rights.

Miscellaneous

This section, and the sections entitled “Restrictions”, “Intellectual Property”, “Feedback”, “Disclaimer and Limitation of Liability”,  and “Applicable Law” shall survive any termination or expiration of this Agreement. This Agreement represents the entire agreement between the Parties concerning the subject matter hereof, replaces all prior and contemporaneous oral or written understandings and statements, and may be amended only by a written agreement executed by both Parties. Any terms and conditions printed, or linked to, within any Customer’s purchase order which are in addition to and/or inconsistent with the terms and conditions of this Agreement, shall be of no effect. The failure of either Party to enforce any rights granted hereunder or to take action against the other Party in the event of any breach shall not be deemed a waiver by that Party as to subsequent enforcement or actions in the event of future breaches. Any waiver granted hereunder must be in writing. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect and such provision shall be reformed only to the extent necessary to make it enforceable. Any use of the Service by an agency, department, or other entity of the United States government shall be governed solely by the terms of this Agreement.

 

Updated: July, 2024