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Noise-o-matic - EULA
This Agreement sets forth the terms and conditions under which you are allowed to use Noise-o-matic.
Please read this software license agreement carefully before using the Software.
By using the Software, you are agreeing to be bound by the terms of this License; if you don't agree to the terms of this License, click “I do not accept the agreement” and do not use the software.
By choosing “I accept the agreement” you accept the terms and conditions of this License.
The Software is licensed to you only to process non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to process. If you are uncertain about your right you should contact your legal advisor.
Noie-o-matic is a software by Filippo Fantini (The Developer)
1. Definitions
"The Developer" means Filippo Fantini
“Computer” means a virtual machine or physical personal electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
“License” means this end-user license agreement between you and the Developer.
“Software” means the program "Noise-o-matic", including the original and all whole or partial copies:
a) machine-readable instructions and data
b) components, files, and modules
c) audio-visual content (such as images, text, recordings, or pictures)
d) related licensed materials (such as documentation)
e) upgrades, modified versions, updates, additions, and copies.
“Third Party Software” means the third party software programs and components that are owned and licensed by parties other than the Developer and that are integrated with or made part of the Software.
“Use” means to download, install, access, use the functionality of the Software, subject to compliance with the terms of the License.
“Noise-o-matic” means a software designed and provided by the Developer to access, alter and save and/or broadcast audio, as well as access other audio-altering features and/or access other online third party services not under the control of the Developer.
2. Software License
The Software is licensed, not sold, to you by the Developer for use only under the terms of this License, and the Developer reserves all rights not expressly granted to you.
The rights granted herein are limited to the Developer's intellectual property rights in the Software and do not include any other patents or intellectual property rights.
If you use virtualization software to create one or more virtual computers on a single computer hardware system, each virtual computer, and the physical computer, is considered a separate computer for purposes of this agreement. This license allows you to install only one copy of the Software for use on one computer, whether that computer is physical or virtual. If you want to use the Software on more than one virtual computer, you must obtain separate copies of the Software and a separate license for each copy. Content protected by digital rights management technology or other full-volume disk drive encryption technology may be less secure in a virtualized environment.
3. Permitted uses and restrictions
The Developers grants to you a limited, non-exclusive, non-transferable license to Use a copy of the Software on your Computer under the following conditions.
This License permits you to:
a) Use the Software for commercial and non-commercial purposes;
b) make a backup copy of the Software;
You agree that you shall not, under any circumstances:
a) sell, grant an interest in or transfer reproductions of the Software to other parties in any way not expressly authorized herein, nor rent, lease or license the Software to others;
b) provide access (directly or indirectly) to the Software via a web or network applications;
c) distribute or share the Software;
d) transfer or assign the License or your rights and obligations in whole or in part, to another party;
e) decompile, reverse engineer, disassemble, translate or adapt, modify, decrypt, incorporate the Software, in part or in whole, into any other program;
f) remove, alter, or obscure any proprietary notices, labels, or marks included in the Software;
g) make Use the Software by others.
4. Terms
The Developer may immediately terminate this License if you fail to comply with any term therein.
Upon termination or expiration of this License:
(a) all rights and licenses granted to you under this License with respect to the Software will terminate;
(b) you shall destroy all copies of the Software in your possession.
All provisions relating to confidentiality and ownership shall survive the termination of this License.
5. Warranty disclaimer
The Software is delivered to you “as is” and with all faults; the Developer does not and cannot warrant the performance or results you may obtain by using the Software.
Except to the extent any warranty, condition, representation, or term cannot or may not be excluded or limited by law applicable to you in your jurisdiction, the Developer makes no warranties conditions, representations or terms (express or implied) as to any matter including without limitation non infringement of third party rights, merchantability, integration, satisfactory quality, or fitness for any particular purpose.
The Developer does not warrant against interference with your enjoyment of the Software, that the functions contained in or services performed by the Software will meet your requirements, that the operation of the Software and services will be uninterrupted or error-free, that any service will continue to be made available, that defects in the Software will be corrected, or that the Software will be compatible or work with any third party software, applications or third party services.
Installation of this Software may affect the usability of third party software, applications or third party services.
No oral or written information or advice given by the Developer or their associates shall create a warranty.
Should the Software prove defective, you assume the entire cost of all necessary servicing, repair or correction.
6. Limitation of liability
To the extent not prohibited by applicable law, in no event shall the Developer be liable to you or any third party for personal injury or any incidental, special, indirect or consequential damages whatsoever, including, but not limited to, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data, business interruption or any other commercial damages or losses, arising out of or related to your use of or inability to use the Software or services or any third party software or applications in conjunction with the Software, however caused, regardless of the theory of liability (contract, tort or otherwise).
Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.
7. Privacy
You acknowledge and agree that if your Computer is connected to the Internet, the Software may, without additional notice, check for updates that are available for automatic download and installation to your Computer and you let the Developer know the Software is successfully installed.
You acknowledge and agree that in order to access the software you are bound by the Steam's EULA in addition to this agreement.
You acknowledge and agree that the Developer is not responsible for any privacy-related matter related to Steam's platform or any other third party services that may be offered within the software.
8. European Union Provisions
Nothing included in this License shall limit any non-waivable right to decompile the Software that you may enjoy under mandatory law.
If you are located in the European Union (EU), you may have the right upon certain conditions specified in the applicable law to decompile the Software if it is necessary to do so in order to achieve interoperability of the Software with another software program, and you have first asked the Developer in writing to provide the information necessary to achieve such interoperability and the Developer has not made such information available.
In addition, such decompilation may only be done by you or someone else entitled to use a copy of the Software on your behalf. the Developer has the right to impose reasonable conditions before providing such information. Any information supplied by the Developer or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software or used for any other act which infringes the Developer’s copyright.
9. Controlling Law - Jurisdiction
This License will be governed by and construed in accordance with the Italian laws.
The court of Milan (Italy) will have exclusive jurisdiction over every action or legal proceeding that may arise from any dispute.
This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
The English version of this agreement will be the version used when interpreting or construing this agreement.
10. Changes to the License
the Developer reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this License effective upon prior notice as follows.
the Developer will post notification of any such changes to this License on the website and may provide such other notice as the Developer may elect in its sole discretion.
If any future changes to this License are unacceptable to you, you may terminate this License in accordance by permanently deleting any copy of the Software.
Your installation and use of any updates or modifications to the Software or your continued use of the Software following notice of changes to this License will demonstrate your acceptance of any and all such changes.
11. Third party
The Software contains Third Party Software.
Ownership of Third Party Software and the intellectual property rights associated therewith are and remain the sole and exclusively property of the respective third party.
Terms and conditions of third parties may apply to Third Party Software, as well as to free software and/or open source software embedded in and/or distributed together with the Software.
You agree to indemnify and hold harmless the Developer from and against any loss, claim, liability by third parties based on the allegation that any activities performed by you in relation to the Third Party Software, free software and/or open source software embedded in and/or distributed together with the Software, are in any way unlawful. This includes, without limitation, any activities that are in violation of the applicable terms and conditions or constitute an infringement of intellectual property rights.
The following software is included in this Software and is licensed under the licenses described in the appendix below: Qt (QtCore QtGui QtWidgets QtNetwork QtConcurrent), Qwt , Qt-material, QtAwesome , FontAwesome.
For components that reference the BSD license or the GNU Lesser General Public License, please find these licenses and the written offer for source code in the Appendix.
12. General Provisions
If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which shall remain valid and enforceable according to its terms.
This License constitutes the entire agreement between the parties with respect to the Use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.
You shall keep any information contained in or relating to the Software in strict confidence; this provision shall survive to expiration of this Agreement.
13. Content Ownership and Customer's Responsibility
The software allows you direct access to third party online services to access additional features, such as, but not limited to, Steam Workshop and Eleven Labs API. You acknowledge and agree that you may need an additional account and accept third party agreements, and you acknowledge that the Developer is not responsible for any of your actions in connection to such third parties or any action taken by such third parties. We do not proactively monitor the content you generate for your own use or upload to any of the third party services. You are responsible for the files you upload and generate using our noise-o-matic. We may be required to take action in connection content uploaded to Steam's Workshop if we find that the content you upload or generated violates the law or these terms.
You agree that you will not use Noise-o-matic to:
a) violate any national or international law
b) violate the rights of others, or in any way that is illegal, threatening, fraudulent, or harmful, including generating content that discriminates against people based on their race, color, national or ethnic origin, religion, age, sex, gender, sexual orientation and/or preference, or physical aspect
c) violate the rights of others, including but not limited to infringing Copyright, right of publicity, right of likeness, and/or any other Intellectual Property Rights, or to defame a third party or cast a third party in false light
d) fraudulently impersonate other people or companies
e) trick or mislead anybody, especially in an attempt to learn sensitive account information, for example user passwords
f) disable, interfere with or circumvent security-related features of third party Services
g) interfere with, disrupt, or create an undue burden on our Services or the networks or services connected to ours
h) harass, annoy, intimidate, threaten, exploit or harm anybody, or to promote violence against a specific person or class of people
Appendix
Written Offer for Source Code
For Third Party Software that you receive from the Developer in binary form which is licensed under an open source license that gives you the right to receive the source code for that binary, you can obtain a copy of the applicable source code by requesting it by email at the address staff@noiseomatic.com.
Third Party software licenses are available over noiseomatic.com or in the Software installation directory.
This Agreement sets forth the terms and conditions under which you are allowed to use Noise-o-matic.
Please read this software license agreement carefully before using the Software.
By using the Software, you are agreeing to be bound by the terms of this License; if you don't agree to the terms of this License, click “I do not accept the agreement” and do not use the software.
By choosing “I accept the agreement” you accept the terms and conditions of this License.
The Software is licensed to you only to process non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to process. If you are uncertain about your right you should contact your legal advisor.
Noie-o-matic is a software by Filippo Fantini (The Developer)
1. Definitions
"The Developer" means Filippo Fantini
“Computer” means a virtual machine or physical personal electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
“License” means this end-user license agreement between you and the Developer.
“Software” means the program "Noise-o-matic", including the original and all whole or partial copies:
a) machine-readable instructions and data
b) components, files, and modules
c) audio-visual content (such as images, text, recordings, or pictures)
d) related licensed materials (such as documentation)
e) upgrades, modified versions, updates, additions, and copies.
“Third Party Software” means the third party software programs and components that are owned and licensed by parties other than the Developer and that are integrated with or made part of the Software.
“Use” means to download, install, access, use the functionality of the Software, subject to compliance with the terms of the License.
“Noise-o-matic” means a software designed and provided by the Developer to access, alter and save and/or broadcast audio, as well as access other audio-altering features and/or access other online third party services not under the control of the Developer.
2. Software License
The Software is licensed, not sold, to you by the Developer for use only under the terms of this License, and the Developer reserves all rights not expressly granted to you.
The rights granted herein are limited to the Developer's intellectual property rights in the Software and do not include any other patents or intellectual property rights.
If you use virtualization software to create one or more virtual computers on a single computer hardware system, each virtual computer, and the physical computer, is considered a separate computer for purposes of this agreement. This license allows you to install only one copy of the Software for use on one computer, whether that computer is physical or virtual. If you want to use the Software on more than one virtual computer, you must obtain separate copies of the Software and a separate license for each copy. Content protected by digital rights management technology or other full-volume disk drive encryption technology may be less secure in a virtualized environment.
3. Permitted uses and restrictions
The Developers grants to you a limited, non-exclusive, non-transferable license to Use a copy of the Software on your Computer under the following conditions.
This License permits you to:
a) Use the Software for commercial and non-commercial purposes;
b) make a backup copy of the Software;
You agree that you shall not, under any circumstances:
a) sell, grant an interest in or transfer reproductions of the Software to other parties in any way not expressly authorized herein, nor rent, lease or license the Software to others;
b) provide access (directly or indirectly) to the Software via a web or network applications;
c) distribute or share the Software;
d) transfer or assign the License or your rights and obligations in whole or in part, to another party;
e) decompile, reverse engineer, disassemble, translate or adapt, modify, decrypt, incorporate the Software, in part or in whole, into any other program;
f) remove, alter, or obscure any proprietary notices, labels, or marks included in the Software;
g) make Use the Software by others.
4. Terms
The Developer may immediately terminate this License if you fail to comply with any term therein.
Upon termination or expiration of this License:
(a) all rights and licenses granted to you under this License with respect to the Software will terminate;
(b) you shall destroy all copies of the Software in your possession.
All provisions relating to confidentiality and ownership shall survive the termination of this License.
5. Warranty disclaimer
The Software is delivered to you “as is” and with all faults; the Developer does not and cannot warrant the performance or results you may obtain by using the Software.
Except to the extent any warranty, condition, representation, or term cannot or may not be excluded or limited by law applicable to you in your jurisdiction, the Developer makes no warranties conditions, representations or terms (express or implied) as to any matter including without limitation non infringement of third party rights, merchantability, integration, satisfactory quality, or fitness for any particular purpose.
The Developer does not warrant against interference with your enjoyment of the Software, that the functions contained in or services performed by the Software will meet your requirements, that the operation of the Software and services will be uninterrupted or error-free, that any service will continue to be made available, that defects in the Software will be corrected, or that the Software will be compatible or work with any third party software, applications or third party services.
Installation of this Software may affect the usability of third party software, applications or third party services.
No oral or written information or advice given by the Developer or their associates shall create a warranty.
Should the Software prove defective, you assume the entire cost of all necessary servicing, repair or correction.
6. Limitation of liability
To the extent not prohibited by applicable law, in no event shall the Developer be liable to you or any third party for personal injury or any incidental, special, indirect or consequential damages whatsoever, including, but not limited to, damages for loss of profits, corruption or loss of data, failure to transmit or receive any data, business interruption or any other commercial damages or losses, arising out of or related to your use of or inability to use the Software or services or any third party software or applications in conjunction with the Software, however caused, regardless of the theory of liability (contract, tort or otherwise).
Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.
7. Privacy
You acknowledge and agree that if your Computer is connected to the Internet, the Software may, without additional notice, check for updates that are available for automatic download and installation to your Computer and you let the Developer know the Software is successfully installed.
You acknowledge and agree that in order to access the software you are bound by the Steam's EULA in addition to this agreement.
You acknowledge and agree that the Developer is not responsible for any privacy-related matter related to Steam's platform or any other third party services that may be offered within the software.
8. European Union Provisions
Nothing included in this License shall limit any non-waivable right to decompile the Software that you may enjoy under mandatory law.
If you are located in the European Union (EU), you may have the right upon certain conditions specified in the applicable law to decompile the Software if it is necessary to do so in order to achieve interoperability of the Software with another software program, and you have first asked the Developer in writing to provide the information necessary to achieve such interoperability and the Developer has not made such information available.
In addition, such decompilation may only be done by you or someone else entitled to use a copy of the Software on your behalf. the Developer has the right to impose reasonable conditions before providing such information. Any information supplied by the Developer or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software or used for any other act which infringes the Developer’s copyright.
9. Controlling Law - Jurisdiction
This License will be governed by and construed in accordance with the Italian laws.
The court of Milan (Italy) will have exclusive jurisdiction over every action or legal proceeding that may arise from any dispute.
This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
The English version of this agreement will be the version used when interpreting or construing this agreement.
10. Changes to the License
the Developer reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this License effective upon prior notice as follows.
the Developer will post notification of any such changes to this License on the website and may provide such other notice as the Developer may elect in its sole discretion.
If any future changes to this License are unacceptable to you, you may terminate this License in accordance by permanently deleting any copy of the Software.
Your installation and use of any updates or modifications to the Software or your continued use of the Software following notice of changes to this License will demonstrate your acceptance of any and all such changes.
11. Third party
The Software contains Third Party Software.
Ownership of Third Party Software and the intellectual property rights associated therewith are and remain the sole and exclusively property of the respective third party.
Terms and conditions of third parties may apply to Third Party Software, as well as to free software and/or open source software embedded in and/or distributed together with the Software.
You agree to indemnify and hold harmless the Developer from and against any loss, claim, liability by third parties based on the allegation that any activities performed by you in relation to the Third Party Software, free software and/or open source software embedded in and/or distributed together with the Software, are in any way unlawful. This includes, without limitation, any activities that are in violation of the applicable terms and conditions or constitute an infringement of intellectual property rights.
The following software is included in this Software and is licensed under the licenses described in the appendix below: Qt (QtCore QtGui QtWidgets QtNetwork QtConcurrent), Qwt , Qt-material, QtAwesome , FontAwesome.
For components that reference the BSD license or the GNU Lesser General Public License, please find these licenses and the written offer for source code in the Appendix.
12. General Provisions
If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which shall remain valid and enforceable according to its terms.
This License constitutes the entire agreement between the parties with respect to the Use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.
You shall keep any information contained in or relating to the Software in strict confidence; this provision shall survive to expiration of this Agreement.
13. Content Ownership and Customer's Responsibility
The software allows you direct access to third party online services to access additional features, such as, but not limited to, Steam Workshop and Eleven Labs API. You acknowledge and agree that you may need an additional account and accept third party agreements, and you acknowledge that the Developer is not responsible for any of your actions in connection to such third parties or any action taken by such third parties. We do not proactively monitor the content you generate for your own use or upload to any of the third party services. You are responsible for the files you upload and generate using our noise-o-matic. We may be required to take action in connection content uploaded to Steam's Workshop if we find that the content you upload or generated violates the law or these terms.
You agree that you will not use Noise-o-matic to:
a) violate any national or international law
b) violate the rights of others, or in any way that is illegal, threatening, fraudulent, or harmful, including generating content that discriminates against people based on their race, color, national or ethnic origin, religion, age, sex, gender, sexual orientation and/or preference, or physical aspect
c) violate the rights of others, including but not limited to infringing Copyright, right of publicity, right of likeness, and/or any other Intellectual Property Rights, or to defame a third party or cast a third party in false light
d) fraudulently impersonate other people or companies
e) trick or mislead anybody, especially in an attempt to learn sensitive account information, for example user passwords
f) disable, interfere with or circumvent security-related features of third party Services
g) interfere with, disrupt, or create an undue burden on our Services or the networks or services connected to ours
h) harass, annoy, intimidate, threaten, exploit or harm anybody, or to promote violence against a specific person or class of people
Appendix
Written Offer for Source Code
For Third Party Software that you receive from the Developer in binary form which is licensed under an open source license that gives you the right to receive the source code for that binary, you can obtain a copy of the applicable source code by requesting it by email at the address staff@noiseomatic.com.
Third Party software licenses are available over noiseomatic.com or in the Software installation directory.