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Old February 17th, 2010, 10:15 AM   #1
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Ejay end-user license agreement

I purchased a sound collection cd (4 cd's) from Ejay with 7500 short samples and loops about 6 years ago at a book fair. Now I am trying to find the end user agreements for use of this software but it appears the company no longer exists. Does anyone know where to get the eula agreements from this company stating how I may use this music? (especially with the comment that the music is royalty free)
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Old February 17th, 2010, 06:55 PM   #2
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I was that stupid not to look at the cd contents were I found a copy of the license agreement. I do have a question though because I'm not sure if I can or cannot use the included music samples on the cd for commercial work.

I have copied the whole contents of the agreement below, is there anyone that can help interpret this text in the right way? There is a text under 2. Permitted Use and Restrictions which says something about only allowed for non-commercial use but a bit further I read that the soundsamples are free of copyright.

Does the first part have something to do with the included software that came with ejay (some kind of browser that I don't use)? I just import the soundsamples in premiere pro to combine and make my own music. Do I understand it right that this is allowed then?

1. License. PXD Software GmbH ("PXD") grants you a nonexclusive and nontransferable license ("License") to use the enclosed software and accompanying documentation ("PXD Software") to create audio tracks ("Derivative Work"). YOU OWN THE MEDIA ON WHICH THE PXD SOFTWARE IS RECORDED BUT PXD AND/OR PXD'S LICENSOR(S) RETAIN TITLE TO THE PXD SOFTWARE. The PXD Software in this package and any copies which this License authorizes you to make are subject to this License.

2. Permitted Use and Restrictions. This License allows you to install and use the PXD Software on a single computer at a time. This License does not allow the PXD Software to exist on more than one computer at a time. You may make one copy of the PXD Software in machine-readable form for backup purposes only. The backup copy must include all copyright information contained on the original. Except as permitted by applicable law and this License, you may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute PXD Software in whole or in part or transmit the PXD Software over a network. You may not release, play in public or publish any Derivative Work resulting from the use of the Software except for non-commercial use. You may, however, transfer your rights under this License provided you transfer the related documentation, this License and a copy of the PXD Software to a party who agrees to accept the terms of this License and destroy any other copies of the PXD Software in your possession. Such a transfer terminates your license to use the Software. Your rights under this License will terminate automatically without notice from PXD if you fail to comply with any term(s) of this License.

Sound Samples (Waves) are free of copyright and useable for commercial & non - commercial purposes.


3. Disclaimer of Warranty on PXD Software.The PXD Software is provided "AS IS" and without warranty of any kind and PXD and PXD's licensor(s) (for the purposes of provisions 3 and 4, PXD and PXD's licensor(s) shall be collectively referred to as "PXD") EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. PXD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PXD SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE PXD SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PXD SOFTWARE WILL BE CORRECTED. FURTHERMORE, PXD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PXD SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PXD OR AN PXD AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE PXD SOFTWARE PROVE DEFECTIVE, YOU (AND NOT PXD OR AN PXD AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING PXD PRODUCTS OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY PXD'S NEGLIGENCE.

4. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PXD BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall PXD's total liability to you for all damages exceed the amount paid for this License to the PXD Software.

5. This License shall be governed by the laws of the Federal Republic of Germany. 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.

6. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the PXD Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by PXD.

Copyright 1999 PXD Software GmbH. All rights reserved.
Copyright 1999 PXD Software GmbH. Dance eJay, Hip Hop eJay, Rave eJay, RealStretch, Samplekit, eJay Sound Collection, eJay and the eJay Logo are trademarks of PXD Software GmbH. eJay and PXD are registered trademarks of PXD Software GmbH. All other brand or product names are trademarks of their respective holders.
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Old February 17th, 2010, 09:39 PM   #3
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Perhaps these guys are the company in the USA?

There is activity on wakoopa (what the ?) as of very very recently.

Andrew
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Old February 17th, 2010, 09:46 PM   #4
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So did you get a collection of sound/music clips, or software? What exactly are you asking about using from this collection. What exactly are you asking about using it FOR?

If you are asking about using sound clips (SFX and/or music) then this would appear to be the operative section:

"Sound Samples (Waves) are free of copyright and useable for commercial & non - commercial purposes."

That is about as clear and simple as any EULA I have ever read.

But if you are asking about using some sort of software, then it is not very clear what you are asking here? Can you be more precise in exactly what you are trying to do?
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Old February 18th, 2010, 02:15 AM   #5
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thank you guys for the answers, to explain better how I use it; I only use the sound samples that are on the cd's, there are 7500 of them divided into different genres like Jazz, rock, pop and so on.
I just import samples into premiere pro and create a music piece from it which I use for my several video's I have created for clients (mainly event or company videos), those video's appear on the internet or on dvd.

Those cd's from ejay also contain a soundbrowser to arrange all these clips in a better way and it can also timestretch the samples, I actually never used this. I suppose the first part in the agreement is more for the included browser? That browser is actually the only thing beside all the sound samples on the cd's.

Thanks Andrew for the links!
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Old February 18th, 2010, 02:50 AM   #6
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All part of the DVinfo service! :-)

Andrew
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Old February 19th, 2010, 07:43 AM   #7
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Quote:
Originally Posted by Noa Put View Post
thank you guys for the answers, to explain better how I use it; I only use the sound samples that are on the cd's, there are 7500 of them divided into different genres like Jazz, rock, pop and so on.
I just import samples into premiere pro and create a music piece from it which I use for my several video's I have created for clients (mainly event or company videos), those video's appear on the internet or on dvd.

Those cd's from ejay also contain a soundbrowser to arrange all these clips in a better way and it can also timestretch the samples, I actually never used this. I suppose the first part in the agreement is more for the included browser? That browser is actually the only thing beside all the sound samples on the cd's.

Thanks Andrew for the links!
I think what it says is that if you create a song using their software you cannot use it in a commercial project. But if you just use the samples WITHOUT using their particular software to arrange them - using something like Acid or Audition instead, for example - they are copyright and royalty free and usable without any restrictions.
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Old February 23rd, 2010, 09:54 AM   #8
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Thank you Steve, I thought it must have been in this way as well but was not sure if I interpreted the English language in the right way.
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