SOFTWARE LICENSE AGREEMENT

Rytmik Studio is a software application (“software”) for the Windows Vista/7/8/10 and Mac OS X platform, developed and licensed by CINEMAX, s.r.o. (“CINEMAX”). Use of this software is subject to the terms set forth below. Please read and review this software license agreement (“agreement”) before using the software. By installing, opening or otherwise using the software you hereby agree to be legally bound by the terms of this agreement. If you don’t agree to the terms of this agreement, you are not permitted to install, open or otherwise use the software.
1. LICENSE
All rights, title and interest, including intellectual property rights, in and to the software and all copies thereof (including but not limited to any computer codes, texts, design, graphic elements, sounds, musical compositions) are held by CINEMAX or its licensors.
CINEMAX hereby grants you, for a full term of copyright, a worldwide, non-exclusive, non-transferable, limited right and license to install and use one (1) copy of the software solely and exclusively for your personal use (“license”). CINEMAX and, if applicable, its licensors reserve all rights not expressly granted to you. The software is licensed, not sold. Nothing in this agreement shall be construed as a sale or transfer of any rights in and to the software. The license fee is included in the price paid for the software.
Based on this license, you may not rent, lease, lend, sell, redistribute, sublicense or otherwise transfer the software, or any copies thereof. You also may not reverse engineer, derive source code, modify, decompile, disassemble, or create derivative works of the software, in whole or in part, or circumvent any technology used to protect copyrighted material.
2. USER GENERATED CONTENT
The software enables you to create audio content (“user-generated content”) using pre-existing material provided with the software, including but not limited to sounds, samples and loops (“pre-existing material”). CINEMAX grants you, for a full term of copyright, a worldwide, non-exclusive, limited right and license to use the pre-existing material solely in your user-generated content. CINEMAX agrees that all rights, title and interest in the user-generated content, excluding the pre-existing material, shall belong to you. By creating user-generated content and uploading it to Rytmik Cloud you automatically grant CINEMAX, for a full term of copyright, a worldwide, irrevocable, transferable, non-exclusive, no-charge and royalty-free, unlimited right and license to use, reproduce, modify, adapt, publish, perform, play, distribute, sub-license, create derivative works of and otherwise exploit in any way known, including commercial exploitation, this user-generated content.
The software includes the Rytmik Cloud service for server synchronization and sharing of the user-generated content. In Rytmik Cloud you can control how visible your user-generated content is to other users, as well as what other users can do with it. These are the sharing settings options available:
  • Private – your user-generated content is invisible to other users.
  • Locked – your user generated content is visible to and can be played back by other users
  • Semi-Locked – your user generated content is visible to and can be played back by other users and clips can be used, modified and redistributed by other users
  • Unlocked - your user generated content is visible to and can be played back, modified and redistributed by other users
By sharing your user-generated content in Rytmik Cloud you grant other users of the software, for a full term of copyright, a worldwide, non-exclusive, no-charge and royalty-free, limited right and license to use it with the software and in their user-generated content to the extent permitted by your sharing settings and software features. This license is granted as partly revocable and can be revoked with immediate effect by changing your sharing settings or deleting the user-generated content, however users may still use any modified or unmodified copies of your user-generated content which were made rightfully with the software before the license revocation.
3. CONTENT POLICY
You may not share any user-generated content that infringes copyright or other intellectual property rights of a third party. You also may not share any content describing or depicting violence or content which is pornographic, discriminatory, racist, hateful, obscene, offensive, harassing, libelous, defamatory or otherwise inappropriate or illegal. The rules set forth above shall apply to any element of the user-generated content, including but not limited to name, description or drawable waveform of the user-generated content. You hereby represent and warrant that any user-generated content shared by you will not violate any third party rights, in particular intellectual property rights, or otherwise result in a liability of CINEMAX.
You are solely responsible for any user-generated content you share and any consequences thereof. CINEMAX does not monitor or approve user-generated content, but reserves the right, in its sole discretion, to remove or block your user-generated content for any reason. CINEMAX also reserves the right, in its sole discretion, to limit or block your access to Rytmik Cloud in case your user-generated content repeatedly fails to comply with the terms of this agreement.
4. RYTMIK CLOUD
CINEMAX does not guarantee an uninterrupted provision of the Rytmik Cloud service. Rytmik Cloud may be temporary unavailable due to maintenance, certain technical difficulties, or other events that are beyond the control of CINEMAX.
CINEMAX also reserves the right, in its sole discretion, to modify the nature of Rytmik Cloud or discontinue some of its features or the whole service without prior notice to you.
5. PRIVACY
Rytmik Cloud service may be used only if you create a personal Rytmik Cloud account and consent to your personal data being processed. You hereby agree to use only real and valid personal e-mail address to create a Rytmik Cloud account. By creating the Rytmik Cloud account you voluntarily agree that your personal data, including your username and e-mail address, may be processed by CINEMAX as an authorized personal data controller registered with the Office for Personal Data Protection of the Czech Republic. CINEMAX does not share your personal data to any third parties, except as required by applicable laws.
The purpose of processing your personal data lies in setting up and securing your Rytmik Cloud account and ensuring its features like e.g. server synchronization or sharing user-generated content. Your personal data is being processed while you use your Rytmik Cloud account until your consent to the processing is withdrawn and your account is deleted.
You hereby acknowledge that you are entitled at any time to withdraw your consent to the processing of your personal data. You have the right to access your personal data, to have it corrected, blocked, supplemented or liquidated, in particular if it is misleading. Furthermore, you are entitled to contact CINEMAX in writing with any complaint concerning the processing of your personal data and, in case of dissatisfaction with the answer, you may consult the Office for Personal Data Protection of the Czech Republic.
Your consent to the processing of your personal data may only be withdrawn by sending a written notice to the address of CINEMAX. If your consent to personal data processing is withdrawn, your Rytmik Cloud account and personal data will be deleted.
You hereby agree that CINEMAX may use your e-mail address to send you commercial offers and commercial communication with respect to the software and related services or services of business partners associated with CINEMAX.
6. WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CINEMAX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES. INCLUDING WITHOUT LIMITATION: LOSS OF USE, DATA (INCLUDING USER-GENERATED CONTENT), PROFITS OR PROPERTY DAMAGE, ARISING OUT OF OR RELATED TO YOUR POSSESSION, USE OR INABILITY TO USE SOFTWARE AND/OR ACCOMPANYING SERVICES - ESPECIALLY DUE TO REDUCTION OF AVAILABILITY, MALFUNCTION, CANCELLATION, DISCONTINUANCE OR MODIFICIATION, OR OCCURRENCE OF OTHER ERRORS IN THE OPERATION OF - EVEN IF CINEMAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION ABOVE DOES NOT INCLUDE THE LIABILITY OF CINEMAX FOR FRAUD, MISREPRESENTATION AND PERSONAL INJURY OR DEATH. IN NO EVENT SHALL THE TOTAL LIABILITY OF CINEMAX TO YOU FOR ALL DAMAGES EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THE SOFTWARE.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE AND ACCOMPANYING SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT REMAINS SOLELY WITH YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES EXCEPT AS SET FORTH IN THIS AGREEMENT.
7. INDEMNIFICATION
You agree to indemnify and hold CINEMAX, its directors, officers, employees and other representatives and agents, harmless from any and all liabilities, third-party claims, damages, losses, costs and expenses, including attorney's fees and litigation costs, arising directly or indirectly from your use of the software, in particular from sharing the user-generated content.
8. TERMINATION
Without prejudice to any other rights of CINEMAX, this agreement shall terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the software.
9. GOVERNING LAW
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by the laws of the Czech Republic. All disputes shall be referred to the Courts having substantive and local jurisdiction based on the address of the registered office of CINEMAX.
10. APPLICABILITY
Please note that this agreement regulates only your installation and use of the software. It does not regulate the purchase of the software and your consumer rights. Purchase of the software and your consumer rights are subject to separate terms of the Valve Steam portal.
11. LANGUAGE
English is the primary language of communication between you and CINEMAX. This agreement is available in English only.
12. SEVERABILITY
If any provision of this agreement is held invalid or unenforceable to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable other provisions of the agreement. The provision shall be enforced to the fullest extent permitted by law or deemed replaced by a provision that is valid and enforceable and that comes closest to the original intent and purpose.
13. CONTACT INFORMATION
CINEMAX, s.r.o., Elišky Přemyslovny 433/3, Prague 5 15600, Czech Republic
Id. No.: 25292871
E-Mail: eula@rytmikstudio.com

Version of EULA v1.3steam