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 purchase and download of file(s).

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, related documentation, manuals, plugins, and derivative works.

(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, plugins, hardware devices, or other audio devices designed for audio processing, simulation, mixing, and performance.

(iii) Use the IRs as part of the User's creative works, such as music compositions, videos, or multimedia projects, and public performances.

(iv) Use the IRs simultaneously on up to four devices owned, leased, or rented by the User.

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.

(v) The User shall not extract, clone, or otherwise deconstruct IRs and their metadata.

(vi) The User shall not use the IRs, audio data, or metadata to train, tune, validate, or develop artificial intelligence (AI) models, machine learning algorithms, neural networks, or automated audio synthesis tools.

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. Eminence's total aggregate liability shall not exceed the amount paid by the User for purchase of the IR file.

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 AND SURVIVAL
Eminence may terminate this Agreement immediately if the User breaches any of its terms or conditions. Upon termination, the User must immediately cease all use of the IRs and permanently delete or destroy all copies in their possession, custody, or control.

Survival. The provisions of Section 1 (Definitions), Section 3 (Restrictions), Section 4 (Intellectual Property), Section 5 (Disclaimer of Warranties), Section 6 (Limitation of Liability), Section 7 (Governing Law and Jurisdiction), and this Section 8 shall survive any termination or expiration of this Agreement.

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.

By completing your purchase and downloading the file(s), you agree the parties have executed this End User License Agreement as of the date the User accepts the terms of this Agreement.