EULA

BEFORE MAKING A PURCHASE OF A DIGITAL DOWNLOAD (PRODUCT) FROM OUR WEBSITE, PLEASE ENSURE TO CAREFULLY REVIEW THESE LICENSE TERMS.

END USER LICENSE AGREEMENT FOR EMINENCE IMPULSE RESPONSES

This End User License Agreement ("Agreement") is a legal contract between you (the "User") and Eminence Speaker, LLC ("Eminence"), a company based in the state of Kentucky, United States, and is made effective upon your acceptance of this Agreement.

By accessing, downloading, or using the Impulse Responses ("IRs") provided by Eminence through eminence-digital.com, you acknowledge and agree to be bound by the terms and conditions set forth in this Agreement. If you do not agree to these terms, you must not use the IRs.

1. DEFINITIONS

(a) "Impulse Responses" or "IRs" refers to the digital files and data provided by Eminence, including but not limited to convolution files, speaker cabinet responses, and related documentation.

(b) "User" refers to any individual or entity accessing, downloading, or using the IRs provided by Eminence.

2. LICENSE GRANT

Subject to the terms and conditions of this Agreement, Eminence grants the User a limited, non-exclusive, non-transferable license to use the IRs solely for the User's personal or internal business purposes. This license permits the User to:

(i) Use the IRs for audio recording, mixing, and processing purposes in musical compositions, soundtracks, and audio productions.

(ii) Use the IRs in software applications or hardware devices designed for audio processing and simulation, provided the User's application or device does not directly compete with Eminence's commercial products.

(iii) Use the IRs as part of the User's creative works, such as music compositions, videos, or multimedia projects, with proper attribution to Eminence if publicly released.

3. RESTRICTIONS

The User must comply with the following restrictions:

(i) The User shall not redistribute, sell, lease, sublicense, or transfer the IRs, in whole or in part, to any third party without prior written consent from Eminence.

(ii) The User shall not use the IRs in any manner that infringes upon the intellectual property rights of Eminence or any third party.

(iii) The User shall not use the IRs in any illegal, malicious, or harmful activities or for any purpose that violates applicable laws or regulations.

(iv) The User shall not claim ownership of the IRs or register them as copyrighted works under their own name or any other party's name.

4. INTELLECTUAL PROPERTY

The IRs provided by Eminence are protected by copyright and other intellectual property laws. The User acknowledges that all rights, title, and interest in and to the IRs, including any modifications or derivative works, are owned by Eminence.

5. DISCLAIMER OF WARRANTIES

The IRs are provided on an "as-is" basis without any warranties, express or implied. Eminence disclaims all warranties, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement. The User assumes all risks and responsibilities associated with the use of the IRs.

6. LIMITATION OF LIABILITY

In no event shall Eminence be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of the IRs or this Agreement, even if Eminence has been advised of the possibility of such damages.

7. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the state of Kentucky, United States, without regard to its conflict of laws principles. The User and Eminence agree that any legal action or proceeding arising out of or related to this Agreement shall be brought exclusively in the state or federal courts located in Kentucky, and both parties consent to the jurisdiction of such courts.

8. TERMINATION

Eminence may terminate this Agreement at any time if the User breaches any of the terms and conditions herein. Upon termination, the User must cease all use of the IRs and destroy any copies in their possession.

9. ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the User and Eminence concerning the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether oral or written.

By accepting this Agreement, the User acknowledges that they have read, understood, and agree to be bound by its terms and conditions.

IN WITNESS WHEREOF, the parties have executed this End User License Agreement as of the date the User accepts the terms of this Agreement.